KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, VAZHUTHACAD, THIRUVANANTHPAURAM

Appeal No.373/08

Judgment Dated: 26.3.09

PRESENT

JUSTICE SRI.K.R.UDAYABHANU              : PRESIDENT

SMT.VALSALA SARANGADHARAN          : MEMBER

The Manager,                                            : APPELLANT

State Bank of India,

Ground Floor, B Wing, Sector II,

CBDBB, Belapur,Navi – Mumbi – 400021

Rep. By its Branch Manager,

State Bank of India,

Main Branch, Beach Road,

Alappuzha.

(By Adv.S.S.Kalkura)

         Vs.

1. K.R.Sivaji,                                          : RESPONDENTS

    Kaithakulangara House,

    Thekkanaryad,

    Avaookunnu.P.O.,

    Alappuzha.

2. The General Manager,

    SBI Cards & Payment Services P.Ltd.,

    State Bank House, Parliament Street,

    New Delhi 110001.

3. The Manager,

    SBI Cards & Payments Services P.Ltd.,

    Jesus Call Building, 1^st Floor No.72,

    Rajaji Salal, Chennai.

    4. The Branch Manager,

        SBI Cards & Payments Services P.Ltd.,

        2^ND  Floor, Chirame 1 Chambers,

        Kurisupally Road, Ravipuram, Cochin.

JUDGMENT

JUSTICE SRI.K.R.UDAYABHANU    : PRESIDENT

          The 1^st opposite party in CC.239/07 in the file of CDRF Alappuzha is the  appellant.  The opposite parties four in number including the appellant is under orders to pay a sum of Rs.2725/- with interest at 18% and a sum of Rs.10000/- as compensation and Rs.1000/- as cost

2. It is the case of the complainant that he is a retired government employee and that he availed the credit card facility from the 4^th opposite party with the limit of Rs.18000/-.  He used credit card only at two instances. The total amount due would come to only Rs.3505.40/-.  He remitted the entire amount with interest mentioned as Rs.6231/-.  Subsequently he received a statement mentioning that a sum of Rs.16117.79 is due from him. Although he addressed the opposite party in this regard there was no response. The opposite parties stood ex parte before the Forum.

3. Complainant produced proof affidavit  and Exts.A1 to A4 were marked.

4. It is the case of the appellant/1^st opposite party that it has nothing  to do  with the rest  of the two opposite parties who are responsible for providing credit card facility.  It is mentioned that the appellants and the 1^st opposite party are  independent legal entities and the liability of the 4^th opposite party cannot be fastened on the 1^st opposite party/appellant.

In the circumstance and the view of the fact order is not a considered/contested one the same is set aside on condition that the appellant remit a sum of Rs.2500/- towards cost before the Forum which can be withdrawn from the complainant.  The amount of cost is to be deposited within two weeks from the date of receipt of this order before the Forum.

The matter stands posted before the Forum on 18.5.09.

JUSTICE SRI.K.R.UDAYABHANU              : PRESIDENT

SMT.VALSALA SARANGADHARAN          : MEMBER