PRESENT : SHRI KANAILAL CHAKRABORTY PRESIDENT
: SHRI SHYAMLAL SUKUL MEMBER
DATE OF DELIVERY
OF JUDGMENT : 10th September, 2010
: J U D G M E N T :
In brief, the case of the complainant is that he is in possession of SBI Gold Card (Credit Card) since August, 2006. It is his further case that he purchased articles through this card and made payment by cheques through drop box regularly in due time, but the cheques were encashed or honoured after the said due date and automatically the next bill was made charge with interest and finance charge etc. He made complaint to the SBI Card Customer Care over telephone, but to no effect. He made payment of Rs. 17,287 by cheque on 16.12.07 and made other payments also in January 2 / 3, 2008. He took a loan of Rs. 1,03,000/- from SBI Card vide Demand Draft No. 424154, but the DD was full of error. So it was sent back to the OP. In spite of that the total demand amount was intimated to him at Rs. 1,82,887.81. Every time he communicated the customer care centre and asked for statement of accounts, but the OPs advised to calculate it from bill. In spite of regular payment on 30.12.08 he received intimation through telephone regarding settlement of this claim. Practically nothing is due from him. On 23.10.09 he received a notice from the OPs by M/S. S.S.Gangwar for R. Narayanan & Associates (Advocate) which is baseless and carries no merit. So having no other alternative he has filed this case praying for the reliefs as stated in the petition of complaint.
The OP No. 1, SBI, Saktinagar Branch has filed a written version in this case, inter alia, stating that the complainant has no cause of action to file this case against him. This OP No. 1 is the agent of OP No. 2. So the complainant has no connection with this OP No. 1. If the complainant had any transaction regarding issue of SBI Card and any grievance that is to be dealt with the OP No. 2 not with him. As this OP No. 1 has no connection, so this OP No. 1 has no liability to submit any statement of accounts to this complainant nor he can claim any amount to this OP at any point of time. Hence, this case is liable to be dismissed against him.
The OP No. 2 has filed another written version in this case, inter alia, stating that all the statements made by the complainant are strongly disputed by him. It is his further submission that the petitioner is bound to prove the case strongly and without verifying the documents and evidences given by the complainant it will not be possible for him to come into a decision. Practically this case is filed with ill motive only to grab money from the OP by way of trap. So the case is liable to be dismissed against him.
POINTS FOR DECISION
Point No.1: Has the complainant any cause of action to file this case?
Point No.2: Is the complainant entitled to get the reliefs as prayed for?
DECISION WITH REASONS
Both the points are taken up together for discussion as they are interrelated and for the sake of convenience.
On a careful perusal of the petition of the complaint along with the annexed documents and the written versions filed by the OPs and after hearing the arguments advanced by the ld. lawyers for the parties it is available on record that the complainant is a SBI Credit Card holder duly issued by the OP No. 2. From the petition of complaint it is also available on record that the complainant purchased several articles on different times by using the credit card and he made payment by cheques which he dropped in the drop box of the OP No. 1. Those cheques were duly encashed by the OP No. 2 through the OP No. 1. The complainant received the statement of account regarding his purchase supplied by the SBI Card agency vide 'Annexure – 3’ which shows that on January 05, 2008 the due amount was Rs. 2,03,256.19. Regarding the demand draft, it is admitted by the ld. lawyer for the OP No. 2 that the demand draft was returned by the complainant and as the amount was DD being Rs. 1,03,000/- it duly debited from the total due amount of the complainant. The last letter with regard to outstanding amount was sent by the OP No. 2 through e-mail to this complainant on 02.01.09 and this letter is 'Annexure – 6’ which shows that on that date the total outstanding amount on the basis of the credit card was Rs. 49,973.37. This letter was issued with reference to the communication of the complainant dtd. 30.12.08 about his SBI credit card account. In this letter the OP has shown on which head charge was levied. On the other hand, the complainant has not filed any document to show that after 30.12.08 he did not make any purchase through the SBI card. Ld. lawyer for the complainant has submitted at the time of argument that the complainant is still in possession of the SBI credit card which he has not yet surrendered before the OP No. 2. The amount demanded by the OP No. 2 vide 'Annexure – 6’ dtd. 02.01.09 shows that the total outstanding dues which the complainant has not yet repaid. We have already discussed that on the side of the complainant no document is filed to establish that the said outstanding amount was paid by him. Rather we hold that it is the total of the balance outstanding amount regarding the purchase by the complainant at different times through the SBI credit card.
In view of our above discussions and on a careful perusal the facts of this case along with the annexed documents, our considered view is that the complainant has not become able to prove his case. So he is not entitled to get the relief as prayed for. In result the case fails.
Hence,
Ordered,
That the case, CC/10/10 be and the same is dismissed on contest against the OPs without any cost.
Let a copy of this judgment be delivered to the parties free of cost.
