C.F. CASE No.                      :            CC/09/56                                                                                                                                             

COMPLAINANT                  :           Abhisek Saha,

                                    S/o Late Ananda Gopal Saha,

                                    of Radhanagar Lane,

                                    P.O. Ghurni, Dist. Nadia

• Vs  –

OPPOSITE PARTIES/OPS:   1)      Manager,

                                    M/S. SBI Cards & Payments Services Pvt. Ltd.

                                    Having its Office at 11, Parliament Street,

                                    New Delhi – 110001.

2. Manager,

 M/S. SBI Cards

                                     Having its Office at SBI, Krishnagar

                                     Main Branch,

                                     P.O. Krishnagar,

 P.S. Kotwali, Dist. Nadia

3. Manager,

 M/S. SBI Card & Payment Services,

 F.M.C. Fortuna Building,

 3^rd Floor, Room No. A-14

 Kolkata – 700020.

PRESENT                               :     KANAILAL CHAKRABORTY             PRESIDENT

                      :     KUMAR MUKHOPADHYAY                MEMBER

                      :     SMT SHIBANI BHATTACHARYA       MEMBER

DATE OF DELIVERY                                             

OF  JUDGMENT                    :          30^th August,  2010

:    J U D G M E N T    :

            In brief, the case of the complainant is that he is a SBI Credit Card holder with zero balance facility and also it is his contention that no maintenance fee would be charged if the payment is made within the 50 days from the date of purchase.  It is his further contention that he purchased many items several times and made payment in time of every bill by A/C payee Cheque of SBI Krishnagar Branch and Axis Bank of Krishnagar.  Once a cheque amounting to Rs. 1770/- was bounced and as soon as the matter came to his knowledge he issued another cheque in favour of the OP.   On 22.03.08 he purchased one new Aquaguard Classic Water Filter-cum-Purifier at a price of Rs. 6,990/- and paid that amount on 26.05.08 at SBI, Krishnagar Branch.  In spite of that payment the OPs have demanded Rs. 500/- more which they are not entitled to get.  It is his specific case that the last bill dtd. 03.05.09 in which the complainant was asked for payment of Rs. 15,124.76 is illegal and baseless also.  So having no other alternative he has filed this case praying for the reliefs as stated in the petition of complaint.

On behalf of the OPs a written version is filed, inter alia, stating that the case is not maintainable as it is false, fabricated and without any foundation.  They have denied the disputed story made by the complainant on the ground that there is no basis for the claim made by the complainant.  Practically, this complainant has no cause of action to file this case and so it is liable to be dismissed against them.

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 version filed by the OPs and also after hearing the arguments advanced by the ld. lawyers for the parties it is available on record this complainant is a credit card holder under SBI bearing No. 0004317575206130123.  From the petition of complaint it is available that the complainant purchased several articles through his credit card against which payment was made by him through A/C payee cheque on different dates.  It is his contention that his last purchase was regarding on Aquaguard for which he paid Rs. 6,690/- through a cheque.  From the document filed by the complainant it is available that he deposited the cheque before the SBI on 26.05.08 vide cheque No. 359617 amount being Rs. 6,690/-.   Now it is the specific contention of the complainant that in spite of that payment the OPs have asked the complainant to make payment of Rs. 15,124.67 by submitting a bill dtd. 03.05.09.   Regarding this it is his specific contention that no such purchase was done by him.  So he has prayed to cancel this demand.  The complainant has not asked the OP to furnish any statement of accounts or the bill voucher regarding his purchase for the amount of Rs. 15124.76 as claimed by the OPs.  Regarding this demand one Advocate’s letter was served upon the complainant on 11.08.09 requesting him to attend conciliation meeting as per provisions of Section 62 of the Arbitration and Conciliation Act, 1996, but the complainant is silent on this point whether he attended such conciliation meeting or not.   It is the duty of the complainant to satisfy this Forum that he did not make any purchase of any article after 23.03.08, but to that extent no documentary evidence is supplied by the complainant.  We have already discussed that he should ask for the bills and vouchers from the OPs regarding the alleged subsequent purchase, but to that extent he is silent even after 03.05.09 no such action was taken by him.

            Therefore, in view of the above discussions our considered view is that the complainant has not become able to prove that the bills sent by the OPs are fictitious and the claims of the OPs are also at the same time baseless and illegal.  We do also hold as the complainant has failed to prove his case, so he is not entitled to get the reliefs as prayed for.  In result the case fails.

            Hence,

Ordered,

            That the case, CC/09/56 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.