MR. PRAVAT KUMAR PADHI, PRESIDENT :-
Complainant has filed C.C.Case No. 72/2023 U/s-35 of C.P.Act seeking that Complainant is a retired Government High School employee and draws his pension from S.B.I. Saving Account No.11388133540 of O.P. i.e. S.B.I. The person In-charge of promoting and selling Credit card in the premises of O.P.No.1 persuaded Complainant to avail the Credit Card facitlity.The Complainant being Account holder and having long standing transaction with O.P.No.1 received Credit Card on 17.01.2021 bearing Credit Card No. 45241828134290640.
The Complainant has stated that the total amount of Rs.26, 000.00 has been debited on 17.01.2021 i.e. on the date of issue of the Credit card but in the payment history submitted by the Complainant no such transaction of Rs.26,000.00 on 17.01.2021 has been shown rather different amount from 09.02.21 to 02.11.2022 has been reflected and the Complainant has made his objection on 23.08.2022, 10.10.2022 and by Regd. notice through District Consumer Counseling Centre on 30.01.2023.
The Counseling Centres are meant to render advice to the consumer and it is not proper to issue notice on the part of Counseling Centre and we hope in future such type of notice shall not be issued to any party using the name of the Counseling Centre.
Notice was issued to the O.P. but O.P. have not appeared and were set ex-party on 13.03.2024. Since the Ops have not appeared and filed any written version , we held that whatever the Complainant has stated in the C.C. is correct and we should apply our mind while deciding the issue notice. The Complainant is a retired High School employee having at least more than 34 to 35 years of experience, the Ops cannot issue Credit Card without the consent of the Complainant and any expenses from the card can be done only by the card holder. The Complainant has not stated that the card was misutilised by anybody else. We also found no transaction of Rs.26,000.00 on 17.01.2021 but various amount from 09.02.212 to 02.11.2022 and the first objection of the Complainant was raised on 23.,08.22.The Complainant has not filed any prove regarding service of the notice sent on 23.08.2022 ,10.10./22 and on 30.01.2023.
Since, the Complainant has represented the O.P. No.1 and this Commission issued notice to the Ops should have stopped/blocked the Credit Card at least within 15 days from the date of receipt of the notice and any transaction beyond maximum 15 days after receipt of the notice should be treated as illegal and the Complainant has prayed to stop his Credit Card transaction.
We direct the O.P. to treat the Credit Card invalid after 15 days from the receipt of the 1st notice which shall be proved by the Complainant before the Ops and in case the Complainant fails to prove the sending of the letter by Regd.Post, then the notice from this Commission shall be treated as the notice for discontinuance as the credit card and any transaction after 15 days of receipt of the notice is hereby declared null and void and the Ops shall be liable for any such transaction after 15 days of the receipt of the notice. We also impose cost of Rs.1000/- for mental agony and Rs.1000/- for cost of litigation to be paid by the O.P.No.1 to the Complainant within a period of 45 days from the date of receipt of this order.
With the aforesaid observation and direction the C.C.Case No. 72/2023 is allowed & accordingly disposed off.
Issue extract of the order to the parties for compliance.
Pronounced in the open Commission, on this the 2nd day of April,2024
I, agree.
Sd/- Sd/-
MEMBER PRESIDENT
