Tamil Nadu

StateCommission

FA/70/2012

SANDILYA VENKATESH - Complainant(s)

Versus

MANAGER, SBI CARD DEPARTMENT - Opp.Party(s)

SRINATH AND SRIDEVAN

22 Sep 2015

ORDER

 

                           BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION,CHENNAI

BEFORE :   THIRU.A.K.ANNAMALAI                          PRESIDING JUDICIAL MEMBER

                                                      TMT.P.BAKIYAVATHI                               MEMBER                                                                                  

F.A.NO.70/2012

(Against the order in CC.No.239/2007, dated 12.10.2011 on the file of DCDRF, Chennai (North)

DATED THIS THE 22^nd DAY OF SEPTEMBER 2015

Sandilya Venkatesh,

14, Mc Nichols Road,                                  M/s.Srinath & Sridharan

Chetpet,                                                 Counsel for appellant / Complainant

Chennai - 31.

-vs-

1. Manager,

    SBI Card Department,

    72, Rajaji Salai,TIAM House,                    M/s.K.MhoanDoss

    4^th Floor, Parrys,                                 Counsel for Respondents 1 & 2 /

    Chennai-1.                                                                Opposite parties 1 & 2

2. Manager,

    SBI Cards Department,

    Tower C DLF Infinity Towers                     

    CLF Phase II DLF Cyber City,                      

    Gurgoan 122 002.                                                              

             The Appellant is the complainant filed a complaint before the District Forum against the opposite parties praying certain relief.  The District Forum dismissed the complaint.  Against the said order, the appellant / complainant filed this appeal praying for to setaside the order of the District Forum in CC.No.239/2007, dated 12.10.2011.    

          This appeal coming before us for hearing finally on 02.09.2015, upon hearing the arguments on both sides, perusing the documents, lower court records, and the order passed by the District Forum, this commission made the following order.

A.K.ANNAMALAI,  PRESIDING JUDICIAL MEMBER

          The unsuccessful complainant is the appellant.

2.       The complainant availed SBI credit card facility since April 2005 from the opposite parties and during June 2006 the opposite parties have claimed late fee and other charges alleging the credit amount received late from the complainant and this become regular feature from the opposite parties and thereby the complainant was forced to surrender the credit card after closing the amount due and inspite of the same the opposite parties used to send the bill and harassed the complainant over phone and mobile phone directing for further payment which made the complainant to come forward with the consumer complaint.

3.       The opposite parties denied the allegations before the District Forum contending that the complainant’s payments are used to receive by late and thereby late fees are collected and a cheque alleged to have been dropped in the drop box on 17.8.2006 was not received and subsequently made payment and thereby there was no deficiency or unfair trade practice on their part.

4.       On the basis of both sides materials and after an enquiry the District Forum dismissed the complaint observing that the complainant failed to prove the negligence and deficiency in service on the part of the opposite parties.

5.       Aggrieved by the impugned order the complainant come forward with this appeal contending that the District Forum erroneously allowed the complaint though the opposite parties remained exparte at the earliest and subsequently appeared on which the District Forum passed an order the cheque payment alleged to have been not reached them made the appellant to sent second cheque for payment and last cheque subsequently presented without intimation to the complainant since the complainant  gave  a stop  payment  instructions was  given she came to know and thereby the appellant refused to pay the so called interest on protest.  The bank would try to entice the card holders by this kind of act making them liable to pay usurious rates as interest and late fee charges and demanding more and more interest on a non existing credit card.  Hence the appeal is to be allowed for having misuse the cheque.

6.       We have heard both sides arguments in this appeal.  It is the case of the appellant that having availed credit card facilities from the opposite parties and they were demanding late fee and even after closing the account by sending back the credit card cut into the pieces they demanded money for non existing card.  The Respondents / opposite parties contended that she was not regular in making the payment and not produced any documents to show that the opposite parties have charged excess amount and the amounts paid by her credited into the account then and there and the remaining amounts yet to be payable by the complainant in order to avoid payment of balance due to the bank the complainant made the false allegations and the opposite parties are functioning as per the Guidelines of the RBI.

7.       The District Forum while considering both sides materials after analyzing the supporting documents by either side observed in its order as follows:

          “When the complainant was able to prove by presenting the Xerox copy of cheque dated 1.9.2006 drawn on ABN Amro bank for the sum of Rs.39,151/- in favour of the opposite party under Ex.A4, the complainant has not produced the Xerox copy for the dropping of a cheque dated 17.8.2006 in favour of opposite party.  When  the amount  is due  and payable  to the opposite party and if it is not paid in time the complainant is liable to make extra interest and delay charges as per the card holder agreement.  Further the cheque dated 1.9.2006 issued under Ex.A4 for the sum of Rs.39,151/- was credited in the complainant’s credit card account on 5.9.2006.  Even after crediting that amount and other cheque amount dated 21.10.2006 there remains an outstanding of Rs.2,133.31/- as per the statement of account filed by the complainant himself in his type set at page 41 as per Ex.A6 series document.  As per the last document filed by the complainant namely the credit card statement dated 1.12.2006 filed along with type set f paper at page 51 in Ex.A6 series documents, it is seen that there remains an outstanding of Rs.3,116.81 to be payable by the complainant.  Even though the complainant would content that the opposite parties resorted to collecting usurious amount he was not able to establish as to how this credit card statement would amount to usurious collection.  When the opposite party issued the credit card statement dated 1.9.2006 for a total amount of Rs.49,160.43 the complainant had paid an amount of Rs.39,151/- under Ex.A4 cheque.  There after he had paid further amount of Rs.8,247/- and Rs.323/- by way of cheque only on 19.9.2006 and the same were collected and credited to the account of the complainant only on 21.9.2006.  As such as on 1^st October 2006 there remains a sum of Rs.2,133.31 to be payable by the complainant.  The complainant has not produced any document to show that he had paid the remaining balance to the opposite party.  But she would content that she had paid the full amount and the opposite parties resorted to harassing her by illegal methods to collect extra amount and came forward with this complaint for a compensation of Rs.5,00,000/-.”

These observations are found support with the materials relied upon by both sides and contra to the same, the appellant / complainant has not come forward with any other materials or documents to prove and thereby we are of the view that the complainant has failed to prove her case against the opposite parties and the order passed by the District Forum in this regard has to be sustained and thereby this appeal deserves to be dismissed as not maintainable and accordingly,

          In the result, the appeal is dismissed by confirming the order of the District Forum in CC.No.239/2007, dated 12.10.2011.  No order as to costs in the appeal.

 

P.BAKIYAVATHI                                                     A.K.ANNAMALAI

    MEMBER                                                  PRESIDING JUDICIAL MEMBER

 

Index : yes/ no

VL/D;/PJM/BANK