Manager,S.B.I.Cards & Payment Service (P) Ltd Manager,S.B.I.
...........Respondent(s)
BEFORE:
1. JIMMY KORAH 2. K.Anirudhan 3. Smt;Shajitha Beevi
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
SRI. K.ANIRUDHAN (MEMBER) Smt. K.Saleena has filed this complaint before the Forum alleging deficiency in service on the part of the opposite parties. The contentions of the complainant is as follows:- The complainant has taken a credit card from the first opposite party as primary Card No. 4317 5751 6414 0478 due to the request of the agent of the first opposite party. At the time of taking the card, the agent of the first opposite party had represented that they are the franchisee of the second opposite party and that the second opposite party has full control over the business of the first opposite party. The validity of the credit card was up to 3/2007. The complainant did not use the said credit card so far, and she had not authorized the first opposite party to take any insurance on behalf of the complainant or to joint in any scheme on behalf of the complainant. The first opposite party had issued statement stating amounts are due from the complainant. The complainant had intimated the first opposite party that she is not liable to pay any amount since she did not use the credit card and she further requested to cancel the credit card issued to her. The first opposite party vide letter dated 09-05-2007 intimated the complainant that a sum of Rs. 9,184/88 is outstanding in her name. The number of the credit card noted in the statement is as 4317 5751 6906 9128. The complaint informed the details to the first opposite party, through her counsel. Instead of verifying the matter on 26-03-2008, the first opposite party had issued a Lawyers notice to the complainant stating that an amount of Rs. 11,283/- is due from her. Since the complainant had not used the said card, she is not liable to pay any amount to the opposite parties. Hence the complaint seeking relief. 2. Notices were issued to the opposite parties. They have accepted the same. But not entered appearance before this Forum. Considering their absence, they wer set exparte on 04-08-2008 by this Forum. 3. Considering the contentions of the complainant, this forum has raised the following issues:- 1) Whether there is any deficiency in service on the part of the opposite parties? 2) Whether the complainant is eligible for compensation and costs. 4. Issues 1 and 2:- On the side of the complainant, she had filed proof affidavit and produced 6 documents in evidence marked as Exts. A1 to A6. Ext. A1 is the copy of the credit card issued by the opposite party in favour of the complainant. It shows that the primary Card No. and A/c No. Ext. A2 is the letter issued by the complainant to the first opposite party requesting to cancel the card and other details of the matter. Ext. A3 is the letter issued by the Manager, Customer Service, dated 09-05-2007 with the request of the complainant. Ext. A4 is the Lawyers notice dated 26-03-2008 showing the details of amounts of Rs. 11,283/- to be remitted by the complainant. Ext. A5 is the Lawyers notice issued by the complainant to the first opposite party. In this letter the complainant has intimated the first opposite party that she had not issued the card bearing No. 4317 5751 6906 9128 to the complainant. Ext. A6 is the Lawyers notice issued by the complainant to the first opposite party. On a careful reading of the above said documents, it can be seen that the contentions raised by the complainant are genuine and she has a prima facie case against the opposite parties. Even though the opposite parties had issued the credit card to the complainant, she has not used the card for any purpose. In this respectt, the opposite parties have no right to charge any fee or realize any amount from the complainant. She has not authorized the opposite parties to take any insurance or to join in any scheme in connection with the credit card. So the acts of the opposite parties are highly illegal, unauthorized, arbitrary and irresponsible way of handling the matter. It will amounts to deficiency in service on the part of the opposite party by way of charging amounts without any verifications of its genuineness. In this respect, we are of the strong view that the complaint filed against the opposite parties is to be allowed with a finding that the complainant is not entitled to remit any amount to the opposite party. Since, there is deficiency in service on the part of the opposite parties, the complainant is entitled to get compensation for his mental agony and inconvenience. The issues are found in favour of the complainant. In the result, we hereby restrained the opposite parties from claiming any amounts from the complainant in respect of the said primary card No. 4317 5751 6461 0478 and the a/c No. 4317 5751 6011 1358 and credit card No. 4317 5751 6906 9128. We direct the opposite parties to pay a sum of Rs. 5,000/- (Rupees Five Thousand only) as compensation for the mental agony and inconvenience suffered by the complainant, together with a sum of Rs. 1,000/- (Rupees One Thousand only) as cost of this proceeding. We further direct the opposite parties to comply with this order within one month from the date of receipt of this order. Complaint allowed. Pronounced in Open Forum on this the 30th day of August, 2008 Sd/- Sri. K.Anirudhan Sd/- Sri. Jimmy Korah Sd/- Smt. N.Shajitha Beevi APPENDIX Evidence of the Complainant: - Ext. A1 - Copy of Credit Card Ext. A2 24-04-2007 Letter issued by the Complainant Ext. A3 09-05-2007 Letter issued by the Manager Customer Services Ext. A4 26-03-2008 Lawyers notice issued by the opposite party Ext. A5 - Lawyers notice issued by the Complainant Ext. A6 11-04-2008 -do- -do- Evidence of the Opposite parties: - NIL // True Copy // By Order Senior Superintendent To Complainant/Opposite parties/SF Typed by: Sh/- Compd by:
