Haryana

Ambala

CC/356/2023

SH SUKHWINDER SINGH. - Complainant(s)

Versus

MANAGER,STATE BANK OF INDIA. - Opp.Party(s)

SUKHVINDER SINGH

08 Apr 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

                                                          Complaint case no.        :  356 of 2023

                                                          Date of Institution         :  08.12.2023

                                                          Date of decision   :  08.04.2024

Shri Sukhwinder Singh son of Shri Jagjit Singh age about 53 years.

A resident of House No.1519/11 Badshahi Bagh Colony, Ambala City, Tehsil and District Ambala (Haryana)

                                                                                       ……. Complainant.

Versus

Manager (Credit Card Department) State Bank of India (Head Quarter) DLF Infinity Tower C, 12^th Floor, Block 2, Building 3, DLF Cyber City, Gurgaon-122002 (Haryana) India.

               ..…. Opposite Party.

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member,

Shri Vinod Kumar Sharma, Member.                 

Present:       Complainant in person.

OP already ex parte v.o.d. 09.02.2024.

ORDER:     SH. VINOD KUMAR SHARMA, MEMBER.

Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Party (hereinafter referred to as ‘OP’) praying for issuance of following directions to it:-

1. To Rs.1,840/-, as late fee to the complainant.
2. To pay Rs.30,000/- as compensation for the mental agony and physical harassment suffered by him.
3. To pay Rs.5,000/- as litigation charges.

OR

Grant any other relief which this Hon’ble Commission may deem fit.

Brief facts of the case are that complainant is a physically disabled person with 65%. Complainant has a saving account in SBI, Ambala City Kachehri Road, Branch.  Lifetime free card offered by SBI in the month of May 2022. Before delivery of the said card, customer care informed the complainant that the card is having fee of 4999+GST. He cancelled the said card and according to customer care, the complainant did not receive the card and returned the same to the customer card with having fee of 4999+GST. Card No.4726/4286-8933-5675 issued by Bank, mobile No.9896093781, e-mail ID

2.                Upon notice, none has appeared on behalf of the OP before this Commission, therefore, it was proceeded against ex-parte vide order dated 09.02.2024.

3.                The complainant tendered his affidavit as Annexure CA alongwith documents as Annexure C-1 to C-12 and closed his evidence.

4.                We have heard the complainant and have also carefully gone through the case file.

5.                The averments made in complaint regarding SBI card have been corroborated with the evidence. The complainant has also placed on record the SBI Card of monthly statement (Annexure C-1 to C-3), letters (Annexure C-6 and C-7), Emails exchanged between the complainant and OPs (Annexure C-8 to C-11) and summary of last statement (Annexure C-12) in his evidence. However, the none has appeared on behalf of the OP  before this Commission. The OP has not contested the complaint. In this case, the OP has proceeded against ex-parte, therefore, the contents enumerated in the complaint remained un-rebutted and thus, we have no other option except to believe the version as well as documents submitted by the complainant, which is duly supported by his affidavit and other supporting documents. Hence, we are of the view that OP is deficient in providing service to the complainant. Thus the OP held liable to refund the amount of Rs.1840/-  as well as also liable to compensate the complainant for the mental agony and physical harassment suffered by the complainant. 

6.                In view of the aforesaid discussion, we hereby allow the present complaint and direct the OP in the following manner:-

1. To refund  Rs.1,840/-, to the complainant.
2. To pay lumpsum amount of Rs.2000/- as compensation for mental agony and physical harassment suffered by the complainant alongwith litigation expenses.

                   The OP is further directed to comply with the aforesaid directions within the period of 45 days from the date of receipt of the certified copy of this order, failing which, the awarded amount shall carry interest @ 9% per annum for the period of default. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on :08.04.2024

(Vinod Kumar Sharma)            (Ruby Sharma)             (Neena Sandhu)

         Member                               Member                         President