BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PATIALA.

                                                Complaint No.CC/10/516  of 1.7.2010 

                                                Decided on:          30.8.2011

Dr.Milinda Garg aged31 years wife of Dr.Mohit Garg resident of House No.108/K,Majithia Enclave near 24 No.Phatak, Patiala.

                                                                             -----------Complainant

                                      Versus

1.                 The Customer Correspondence Unit, D.L.F.Infinity Towers Tower-CF,12^th Floor, Block-2,Building-3,D.L.F.Cyber City Gurgaon-122002(Haryana) through its Manager.

2.                 State Bank of India, Local Head Office Sector 17,Chandigarh through its General Manager.

3.                 The State Bank of India, Nabha, District Patiala through its Branch Manager.

                                                                             ----------Opposite parties.

                                      Complaint under Section 12 of the

                                      Consumer Protection Act.

                                      QUORUM

                                      Sh.D.R.Arora, President

                                      Sh.Amarjit Singh Dhindsa,Member

                                      Smt.Neelam Gupta, Member

Present:

For the complainant:     Sh. Umesh Ghai, Advocate

For op No.1:                             Sh.Sumit Gupta, Advocate

For op No.3:                           Sh.Y.R.Mangla,Advocate

For op no.2:                            Ex-parte

                                         ORDER

D.R.ARORA, PRESIDEN

          It is the case of the complainant that he availed the services offered by the ops in respect of SBI card credit limit of Rs.40,000/- vide card No.4317541044867896.

2.       Since from the date of availing of the aforesaid SBI card facility, the complainant had been depositing the charges with the ops as per the statement issued by them from time to time. The complainant received the first bill dated 10.6.2006 of Rs.2968.49 which was deposited with the ops by the complainant vide cheque No.702741 dated 26.6.2006.

3.       Thereafter, the complainant received second bill dated 10.7.2006 of Rs.38928.69 on 27.8.2006 alongwith statement dated 10.8.2006 and the complainant deposited Rs.38838.84 having deducted Rs.89.79 @7% as IRCTC vide cheque no.702742 dated 25.8.2006.

4.       The complainant vide letter dated 1.2.2007 requested the Manager Customer Services, SBI Credit and Payment Services Limited, New Delhi for the withdrawal of the SBI card offered to the complainant due to wrong billing statement which was duly acknowledged by the ops.

5.       An agent of the ops approached the complainant in the month of November 2006 with the offer that in case the complainant deposited Rs.200/- with him all the dues of the complainant will be cleared and previous dues certificate will be issued. Accordingly the complainant deposited Rs.200/-with the aforesaid agent who issued receipt no.5842832 dated 12.11.2006 with the writing “ Previous Dues are nil”.

6.       After the issuance of the aforesaid no due certificate dated 12.11.2006 by the agent of the ops, op no.1 issued letter dated 12.5.2008 whereby the complainant was asked to deposit Rs.9360.79 as the amount outstanding with the advice that on receipt of the aforesaid amount, the account of the complainant will stand fully settled and the balance amount outstanding in the account will be reversed.

7.       Thereafter the complainant received another letter dated 17.2.2010 from the ops having demanded Rs.16925.88 from the complainant which was followed by another letter dated 10.3.2010 having demanded Rs.18783.55.Thereafter the ops sent another letter dated 10.6.2010 having demanded a sum ofRs.20184.57 with a direction that in case the said amount is not deposited within seven days, SBI Card may be compelled to initiate the legal proceedings against the complainant for the recovery of the amount due with interest.

8.       It is averred that the complainant was under good faith that she had already requested the ops vide letter dated 1.2.2007 for the cancellation of the SBI card facility and the agent of the ops also issued receipt No.5842832 dated 12.11.2006 to the effect, “previous dues are nil” and therefore, the complainant did not reply the aforesaid letters.

9.       Describing the demand made by the ops vide the said letters as illegal and the same having caused harassment and mental agony to the complainant she  approached this Forum through the present complaint brought under Section 12 of the Consumer Protection Act,1986 (for short the Act) for directing the ops to withdraw letter dated 10.6.2010 having raised the demand of Rs.20184.57; to pay her Rs.50,000/- as damages for the harassment and the mental agony experienced by her at the hands of the ops and further to award her Rs.5000/-as costs of the complaint.

10.     On notice, ops no.1&3 appeared and filed their written versions while op no.2 was proceeded exparte.

11.     Op no.1 filed the written version having raised certain legal objections, interalia, that State Bank of India is not necessary party as the SBI cards and Payment Services Pvt.Limited is a separate and distinct legal entity registered under the Companies Act,1956 and that the Forum lacks the jurisdiction to entertain the complaint. As regards the facts of the complaint, it is admitted that the complainant availed the SBI card facilities offered by op no.1.The complainant had not been depositing the charges with the op as per the statements issued by op no.1 from time to time. The complainant never requested op no.1 for the withdrawal of the SBI card. No ‘no due certificate’ was ever issued by op no.1 to the complainant because of the outstanding amount standing in the account of the complainant. Accordingly the account of the complainant was never fully settled. An amount of Rs.23374.55 was outstanding in the account as on 10.11.2010. After denouncing the other averments of the complaint, going against the op, it was prayed to dismiss the complaint.

12.     In the written statement filed by op no.3, it has also raised a legal objection that the complaint is not maintainable against it because the complainant did not have any link or connection with the op and it has been made as a party without any basis. The complainant is not a consumer of the op.State Bank of India branch Nabha had not offered any services to the complainant. It is only the Credit Card Department of the State Bank of India which deals in  providing services of SBI card to the customers. It is denied, if the complainant deposited any money /charges with the op. No letter was sent by the op to the complainant. No agent of the op had approached the complainant and that is why the complainant has not disclosed the name of the agent who allegedly issued the receipt. After denouncing the other averments of the complaint, going against the op, it was prayed to dismiss the complaint.

13.     In support of her case, the complainant produced in evidence her sworn affidavit,Ex.C1, alongwith the documents,Exs.C2 to C10 and her learned counsel closed the evidence.

14.     On the other hand, on behalf of op No.1, its learned counsel produced in evidence,Ex.RW1/A , the sworn affidavit of Manish Kumar,Sr.Executive , SBI cards and payment Services Pvt.Ltd.  alongwith documents,Exs.R1 to R53and its learned counsel closed the evidence.

15.     Op no.3 slipped from the proceedings and therefore, no evidence was led by op no.3.

16.     The complainant and op no.1 filed the written arguments. We have examined the same, heard the learned counsel for the parties and gone through the evidence on record.

 17.    It is the case of the complainant that she was issued the receipt No.5842832 dated 12.11.2006,Ex.C4 by an agent of the ops written with a certificate ‘previous dues are nil’ and that the amount of Rs.200/- in respect of which aforesaid receipt,Ex.C4, was accounted for in the statement,Ex.R7 dated 10.12.2006 and that the complainant vide request letter dated 1.2.2007,Ex.C5 asked the manager Customer Services,SBI Cards and Payment Services Ltd.Mew Delhi to cancel the SBI card also having disclosed that she had deposited Rs.38838.64 in pursuance of SBI credit card bill attached with the statement dated 10.7.2006 received on 27.8.2006 for Rs.38928.63 having deducted Rs.89.79 as 7% IRCTC.

18.     There is however, no proof with regard to the complainant having sent,Ex.C5 either through post or against  any receipt having delivered the same dasti.

19.     On the other hand, it was submitted by the learned counsel for op no.1 that there is a categoric denial made by op no.1 with regard to any request to have been made by the complainant for the withdrawal of the SBI card and therefore, it was for the complainant to have led the cogent and convincing evidence regarding the sending of ,Ex.C5 to the Customer Services SBI cards and Payment Services Pvt.Ltd on 1.2.2007.

20.     It was further submitted by Sh.Sumit Gupta, the learned counsel for op no.1 that op no.1 had been sending the statement in routine to the complainant even after 1.2.2007 as would appear from Exs.R9 to R53 showing the amount outstanding qua the amount debited in the account for purchases and the complainant has no where denied the receipt of the same, although op no.1 categorically averred in the written statement filed by it that the complainant had not been depositing the charges with the op as per statements issued from time to time.

21.     It was further submitted by the learned counsel for op no.1 that the complainant has herself produced the letter,Ex.C6 dated 12.5.2008 to have been received from  the op having disclosed her outstanding dues of SBI cards at Rs.9360.79 .She was also offered an opportunity to settle the said outstanding amount of Rs.4680.41 before 30.6.2008 and that on receipt of the said amount the account will be settled. She was again sent the letter,Ex.C10 dated 10.6.2010 whereby she was offered the final opportunity to clear the outstanding dues of Rs.18483.55 .An another opportunity vide letter,Ex.C9 dated 10.6.2010 was provided whereby she was offered to clear the outstanding dues of Rs.20184.57 .

22.     We have examined the record. In the  statements Exs.R5 to R53 different heads of the amounts like Rs.283.98, Rs.292.59, Rs.301.49, Rs.310./61 have been debited on account of purchases and other debits. The ops have not clarified the other debits nor they have led the evidence that the  complainant made any purchases for the petty amounts ranging from Rs.310/- to Rs.675/-.It is also not the case of the ops that the complainant made any purchases with the help of the SBI card. Therefore, we find that the charging of the amount of Rs.481.07, 461.23, Rs.24.12, Rs.545.97,Rs.668.12, Rs.567.66, Rs.606.92, Rs.182.98, Rs.187.92, Rs.193/-,Rs.198.21, Rs.203.56, Rs.209.06, Rs.214.70, Rs.220.50, Rs.226.45, Rs.232.57, Rs.238.85, Rs.275.61, Rs.283.98, Rs.292.59, Rs.301.46, Rs.310.61, Rs.320.03, Rs.329.74, Rs.339.74,Rs.350.06, Rs.360.68, Rs.371.62, Rs.375.87, Rs.387.06, Rs.398.59, Rs.410.46, Rs.422.68, Rs.435.28, Rs.448.24, Rs.461.58, Rs.475.33, Rs.489.49, Rs.504.06, Rs.519.07, Rs.534.54, Rs.550.45, Rs.583.73, Rs.601.11, Rs.619.01, Rs.637.45, Rs.656.43 and Rs.675.98 as per the statements Exs.R5 to R53is not justified. The said amount as per the statements pertains to delayed payment of the interest and GST debits for current STMT. As per the said statement,Ex.R4 dated 10.9.2006 , there was an opening balance of Rs.40717.22. A sum of Rs.1243.61 was debited on account of purchases and other debits. A sum of Rs.38838.84 was deposited by the complainant, thereby leaving total outstanding amount of Rs.3121.99. The said amount of Rs.3121.99 had swelled to Rs.23374.55 as per the statement Ex.R53 dated 10.11.2010. We however, find that op no.1 could charge a reasonable rate of interest on the outstanding amount of Rs.3121.99 because after 10.9.2006 the complainant had not made any purchases with the help of the SBI card and accordingly we allow the charging of interest @10% per annum. Consequently, we accept the complaint partly and direct op no.1 to charge the interest @10% per annum on the amount of Rs.3121.99 shown due in the statement of account dated 10.9.2006,Ex.R4 and on deposit of the same, op no.1 shall issue the ‘no due certificate’ to the complainant within 7 days of the deposit of the amount. Since the complainant never made any complaint in writing to cancel the facility of the SBI card, the complainant shall be obliged to file an application in writing  to op no.1 for the same and on the filing of the same op no.1 shall cancel the SBI card issued in the name of the complainant. In view of the aforesaid facts and circumstances, no order as to costs.

Pronounced.

Dated:30.8.2011

                             Neelam Gupta      Amarjit Singh Dhindsa    D.R.Arora

                             Member                Member                            President