Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
(3) Anil Kumar Singh
Member
Date of Order : 31.08.2018
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties not to demand the illegal outstanding.
- To direct the opposite parties to set aside the impugned demand contained in annexure – 6 and declare illegal.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he was supplied credit card bearing no. 4317575037184042 through the agent appointed by State Bank of India card in year 2006. At the time of supplying the card the agent verbally informed him that interest would be charge @ 2.75% after 50 days from the date of purchasing goods or from the date of cash withdrawal but no terms and condition was explained to him. The complainant has further asserted that after getting the State Bank of India card he withdrew Rs. 10,000/- on 22.06.2006 and Rs. 4,000/- on 26.07.2006. Thereafter, one authority of State bank of India card advisedhim to deposit Rs. 14,000/- immediately which the complainant deposited on 14.08.2006 vide cheque no. 00522435 as will appear from annexure – 1 series. After the aforesaid amount was deposited, State bank of India card informed him that no amount was due to him but no bill was sent. Thereafter, at the time of purchasing a SONY TV and Philips DVD player for Rs. 17,238/- on 31.08.2006 and he withdrew cash Rs. 2,000/- in this way the total amount was Rs. 19,238/-. Again, the complainant was advised on telephone to pay Rs. 3,300/- and as per instruction the complainant had deposited Rs. 20,800/- on different dates through cheque to State Bank of India authority against his total outstanding amount of Rs. 19,238/- as will appear from annexure – 3, 4 and 5.
The grievance of the complainant is that despite payment of aforesaid amount the State Bank of India card has sent total outstanding bill of Rs. 10,185.78/-. The aforesaid bill has been made as annexure – 6. Before obtaining annexure – 6 the complainant filed a complaint against opposite parties as will appear from annexure – 7. Thereafter the complainant met with State bank of India card authority in exhibition road, Patna and requested them to give statement of amount paid by him which was not given and illegal demand of Rs. 10,185.78/- was raised against him. When the grievance of the complainant has not been fulfilled this complaint has been filed.
On behalf of opposite parties no. 1 to 7 i.e. State bank of India credit card a show cause has been filed denying the allegation of the complainant, stating therein that at the time of issuing State Bank of India card authority concerned had explained all the terms and condition to the complainant which is evident from the application form itself which has been filled up by the complainant and the complainant after understanding the contents of the columns 1 to 12 of the application form agreed to take State Bank of India card. In second Para of Para – 6 of the written statement the following facts have been asserted, “it is further stated that regarding different fee and charges such as (i) Finance Charge (ii) fee payment not received by due date, (iii) A.T.M. cash fee, (iv) pre – computed interest, (v) flexi- pay processing fee, (vi) late payment charge, (vii) service tax etc. these are clearly mentioned in the terms and conditions of the State Bank of India card and after knowing all these terms and conditions complainant has signed in column XII of the application form which is customer declaration column.”
The State Bank of India card unit sent a bill to the complainant on 09.05.2007 for total outstanding of Rs. 10,185.78/- in which all the fee charges and late fee have been included as will appear from annexure – B.
On behalf of opposite party no. 8 to 12 a preliminary objection has been filed stating therein that the bank has no liability of the claim of the complainant as the claim relates of opposite party no. 1 to 7. It has been stated that opposite party no. 1 to 7 and 8 to 12 are different organization as will appear from annexure – A.
A rejoinder has been filed by the complainant repeating the same fact stated by the complainant in his complaint petition and asserting that before supplying State Bank of India card the agent concern has not explained the terms and condition applicable in using the State Bank of India card.
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From bare perusal of the Para – 6 of show cause of opposite party no. 1 to 7 as well as annexure annexed with the show cause it appears that there is a specific stand of the opposite party no. 1 to 7 that the complainant was explained all the terms and conditions before he filled up the application for supplying State bank of India credit card. There is no allegation of the complainant that he had not filled up and signed the application before issuance of State Bank of India credit card for him. No any documents have been filed to show that the fact stated in Para – 6 of show cause is wrong and not reliable rather the stand of the complainant that before issuance of State bank of India card he was not explained the terms and conditions by State bank of India card is disproved by the document annexed by opposite party no. 1 to 7 in their show cause.
It goes without saying that it is the complainant who is entrusted with the duty to prove his case narrated in the complaint petition. The complainant has failed in his duty.
So far the allegation against opposite party no. 8 to 12 is concerned it is needless to that the stand taken by opposite party no. 8 to 12 that they are different organization and is well proved by annexure – A.
For the discussion made above we find and hold that the complainant has failed to prove deficiency on the part of opposite parties and as such this complaint stands dismissed but without costs.
Member Member(F) President
