DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.
Complaint No. 69
Instituted on: 17.02.2017
Decided on: 22.6.2017
Naveen Singroha aged about 33 years son of Shri Dalip Singh Singroha, resident of H.No.64, JP Colony, Sangrur.
…Complainant
Versus
1. Guru Kirpa Enterprises, Near Bus Stand, Sangrur through its Proprietor/owner.
2. Samsung India Electronics Pvt. Limited, B-1, Sector 81, Phase-2, Noida District Gautam Budha Nagar (UP) through its Managing Director.
3. SBI Credits, DLF Infinity Tower, Tower C, 10th-12th Floor, Block 2, Building 3, DLF Cyber City, Gurgaon through its Managing Director.
4. State Bank of India, Main Branch Sangrur through its Chief Manager.
…Opposite parties
For the complainant : Shri S.S.Ratol, Adv.
For OP No.1 : Shri Ashish Grover, Adv.
For OP No.2 : Shri J.S.Sahni, Adv.
For OP NO.3 : Shri JS Kaler, Adv.
For OP No.4 : Shri Anil Aggarwal, Adv.
Quorum: Sukhpal Singh Gill, President
Sarita Garg, Member
Vinod Kumar Gulati, Member
Order by : Sukhpal Singh Gill, President.
1. Shri Naveen Singroha, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that the complainant is working as Branch Manager, Indian Overseas Bank, Sangrur and is a holder of SBI credit card number 4726426898076353 valid upto 03/2020. The case of the complainant is that the OPs represented the complainant that on the purchase of Samsung Mobile S-7 Edge and if the payment is made through SBI credit card, the complainant is entitled to 10% cash back and accordingly the complainant purchased one mobile on 28.7.2016 for Rs.55,900/- plus swaping charges total Rs.57,213/- and the machine generated the print of payment which also confirmed that the complainant is entitled to 10% cash back, but the payment was not credited in his account. Ultimately on 7.11.2016 the complainant sent an email to OP number 3 and Pine Lab who confirmed that the complainant will get cash back upto 15.12.2016, but the cash back of Rs.9834.91 was not received despite assurance. Thus, alleging deficiency in service on the part of the OPs, the complainant has prayed that the OPs be directed to release the cash back amount of Rs.9834.91 along with interest and further to pay compensation and litigation expenses.
2. In reply of the complaint filed by Op number 1, it has been admitted that the complainant purchased the alleged mobile. However, the other allegations levelled in the complaint have been denied.
3. In reply filed by Op number 2, preliminary objections are taken up on the grounds that the complaint is bad for non joinder of the parties, as the Op number 2 has been wrongly impleaded as party as there is no dispute about the working of the mobile set. The dispute is with regard to the cash back offer given by OP number 3 and 4 on purchasing the mobile by using the credit card of OP number 3 and 4. The other allegations have been denied. On merits, it has been admitted that the complainant had purchased the mobile set in question, however, it has been stated that the complainant is not entitled to pay the cash back.
4. In reply filed by Op number 3, preliminary objections are taken up on the grounds that the complaint is not maintainable either on facts or in the eyes of law, the grievance of the complainant relates to SBI Card and Payment Services Pvt. Ltd. which is a legal entity from SBI and SBI cards is only a necessary party. On merits, it has been admitted that the complainant contacted the Op for purpose of cash back of Rs.9834.91 and it has been stated further that the amount of Rs.9834.91 has been credited in the card account of the complainant on 29.3.2017. The other allegations levelled in the complaint have been denied.
5. Record shows that the OP number 4 did not file the written reply within the stipulated period, as such right to file written reply was closed by order of the Forum dated 26.4.2017.
6. The learned counsel for the complainant has produced Ex.C-1 to Ex.C-7 affidavit and documents and closed evidence. On the other hand, the learned counsel for OP number 2 has produced Ex.OP2/1 affidavit and closed evidence. The learned counsel for OP number 3 has produced Ex.OP3/1 affidavit along with annexure R-1 and closed evidence. The learned counsel for the OP number 4 has produced Ex.Op4/1 affidavit and closed evidence.
7. We have carefully perused the complaint, version of the opposite parties and heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits part acceptance, for these reasons.
8. It is not in dispute that the complainant had purchased the mobile set vide invoice number 1571 dated 28.7.2016 from OP number 1 vide bill Ex.C-1. It is also not in dispute that the complainant was entitled to cash back of Rs.9834.91 as is evident from the copy of document Ex.C-2. It is worth mentioning here that the complainant has disputed that the cash back of Rs.9834.91 has not been disbursed as agreed upon, which was to be credited in the account of the complainant by 30 September 2016, as is evident from the copy of document Ex.C-3, but the OP number 3 has credited the amount of Rs.9834.91 in the credit card account of the complainant only on 29.03.2017 after a period of about six months. There is no explanation from the side of Op number 3 that why the OP number 3 withheld the due amount of the complainant for such a period of six months. As such, we find it to be a clear cut case of deficiency in service on the part of the Op number 3 and further are of the opinion that OP number 3 is liable to pay some compensation to the complainant.
9. In view of our above discussion, we partly allow the complaint and direct OP number 3 to pay to the complainant an amount of Rs.5000/- on account of compensation for mental tension, agony and harassment. This order of our be complied with within a period of thirty days of its communication. A copy of this order be issued to the parties free of cost. File be consigned to records.
Pronounced.
June 22, 2017.
(Sukhpal Singh Gill)
President
(Sarita Garg)
Member
(Vinod Kumar Gulati)
Member
