C.F. CASE No. : CC/09/69
COMPLAINANT : Sankar Kumar Sikdar
S/o Late Jogesh Chandra Sikdar,
of Vill. 9/474 Kalyani,
P.O. & P.S. Kalyani, Dist. Nadia
OPPOSITE PARTIES/OPS: 1) Manager,
SBI Cards & Payment Services Pvt. Ltd.
P.O. Bag No. 28, G.P.O.
New Delhi – 110001.
- Manager,
F.M.C. SBI Credit Card Ltd.
Fortune Bhavan, 3rd Floor,
234, Acharyya Jagadish Chandra Bose Road,
Kolkata – 700020.
- Manager,
SBI, Credit Card Ltd.
State Bank of India,
Kalyani Industrial Growth Centre Branch,
A-9/13(s) 1st Floor,
P.O. & P.S. Kalyani, Dist. Nadia
PRESENT : KANAILAL CHAKRABORTY PRESIDENT
: KUMAR MUKHOPADHYAY MEMBER
DATE OF DELIVERY
OF JUDGMENT : 27th 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 issued by the OPs and the OPs sanctioned Rs. 8,800/- as cash credit card limit in 2005. On 03.06.09 the OPs sent an account statement to the petitioner that outstanding amount was due to the extent of Rs. 36503.63. It is his submission that this petitioner paid all amount to the OPs on 03.05.08 and the OPs’ office categorically mentioned that payment of the petitioner all dues paid in full. In spite of that the OPs are still now claiming a huge amount from the petitioner showing dues to OPs office like purchase etc., though this petitioner did not purchase a single article from any concern. So the outstanding amount as shown by the OPs’ statement dtd. 03.03.09 is not correct at all. Besides this, the petitioner sent a letter on 13.04.09 to the OP No. 1 for cancellation of his credit card bearing No. 431755205229066 but the OPs did not cancel the said card. Hence, having no other alternative this case is filed praying for the reliefs as stated in the petition of complaint.
On the side of the OP No. 2, a written version is filed, inter alia, stating that this complaint is false, baseless and without any foundation. He has denied all the allegations made by the complainant and submits that it is the complainant to prove his case strictly. Practically, this case is filed only to grab money from the OP by way of trap. Hence, this case is liable to be dismissed against him.
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 OP No. 2 and also after hearing the arguments advanced by the ld. lawyers for the parties it is available on record that admittedly this complainant was a credit card holder No. 431755205229066 issued by the OP No. 1. From the petition of complaint it is available that the complainant paid all the due amounts to the OPs and on 03.05.08 the OPs categorically mentioned that the payment on the side of the petitioner to all dues were made in full. In support of his contention he has filed two receipts issued and signed by one J. Majumdar on behalf of the SBI Card dtd 03.05.08. From this document it is available that the complainant paid Rs. 3,000/- + Rs. 2,000/-= Rs. 5000/- in total to the OPs on 03.05.08. There was an endorsement on the side of the OPs to the extent that “Total settlement of Mr. S. Sikdar at SBI Card No. 431755205229066 Rs. 5,000/- paid in full.” The ld. lawyer for the OPs has challenged the two receipts which don’t bear any seal of the Bank. From this document it is not clear that all the due amounts were finally paid by the complainant by payment of Rs. 5,000/- and nothing was due to him. Complainant has prayed for directing the OPs to refund of Rs. 18,507/- which was paid by him wrongly, but he has not categorically stated in the petition of complaint on which date this payment was done by him. Only he has demanded one statement of account from the OP Bank regarding purchase through credit card. Practically, in compliance with the demand of the OPs he paid the above cited amount without any hesitation and raising any objection. From the 'Annexure – A to Z’ we find that on several occasions he deposited money in favour of the OPs regarding his purchase through credit card. The cash credit card limit was Rs. 8,800/-. Naturally, if he purchased any article above the ceiling limit interest was charged for that purpose and if the payment was not made within due time the OP Bank had the right to charge interest upon the due amount. As he did not demand any statement of account from the OP Bank, so no question of supplying any statement of account on the side of the Bank does arise. We have already discussed that the amount was paid by him without any objection. So we don’t find any deficiency in service on the side of the OP Bank. The next question is cancellation of the credit card by a letter dtd. 13.04.09. The complainant requested the Bank to cancel his SBI credit card. As per his prayer the OP Bank made inactive of his SBI credit card and account was also closed which was intimated to him by the OPs Bank vide its letter dtd. 06.05.09. So we find that the credit card is not active presently at all and practically the same is also cancelled by the OPs.
In view of above discussions our considered view is that the complainant is not able to prove any deficiency in service on the part of the OPs. We do also hold that 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/09/69 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.
