Order No. 11      dated 07/01/2009

              Shri Pralay Banerjee, complainant filed a petition on 14.1.08 u/s 12 of C.P. Act, 1986 against (10 SBI Cards and payment Services Pvt. Ltd., (2) The Customer Services, 234/3A, Acharya J.C. Bose Road, Kolkata-20 (30 The United Bank of India, Jadavpur Branch, Kolkata-32 and (4) M/s. Kohli & Sobti (Advocates & Solicitors), of 93 Nehru Place, New Delhi-110019, in the District Consumer Disputes Redressal Forum, Kolkata, Unit-1 alleging illegitimate demand of o.p. no.1 to the complainant to pay the EMI of unsolicited loan advance of Rs.23000/- (Rupees twenty three thousand) only which was refunded after four days on 31.12.05 and inflated amount of outstanding dues every month with effect from January 2006in respect of UBI/SBI Credit Cards Marketing Agency (op no.1) in favour of the complainant in spite of several correspondences of the complainant to set monthly statement of account in respect of the above mentioned credit card straight.

            Complainant was heard by us on 14.1.08 and notices were issued upon the o.ps. in proper manner. From the records and documents on record it appears from the a/c cards of postal department shown were duly served with the notices. No S/R was received in respect of o.p. nos.1 and 4 and complainant was directed to file affidavit of service. Affidavit of service was frilled by the complainant. Copies of annexures of the complaint were duly supplied to the o.p. no.1. O.ps were directed to file w/v by 21.5.08 vide order no.4 dt.18.4.08.

            It has been evident from the records and documents on record that w/v was filed by o.p. nos.1 and 2, copy of which served on the complainant. Affidavit of examination-in-chief was also filed by the complainant.

            Due to non appearance of o.ps. on a number of dates matter was taken up for hearing ex parte vide order no.8 dt.17.12.08. In course of hearing complainant submits one document for its incorporation in his complaint as annexure which was allowed (annex-F) vide order no.9 dt.26.12.08.

            On perusal of records, documents on records, w/v of o.p. nos.1 and 2 and affidavit of examination-in-chief of the complainant, it has been evident that he cause of action started from 26.12.05, the date of receipt of encash demand draft” bearing no.617949 dt.23.12.05 amounting to Rs.23,00/- (Rupees twenty three thousand) only by the complainant (annex-A). Nowhere in the annexure-A the purpose for which the demand draft has been issued in favour of the complainant in reflected. In their w/v, the o.p. nos.1 and 2 made an averment that the demand draft worth Rs.23000/- only was issued in favour of the complainant on his request over phone for a loan but they did not mention the time and date of the said phone call. Moreover, if it is accepted that the Rs.2300/- (Rupees twenty three thousand) only was granted to the complainant as loan advance on the request of the complainant over phone, than that should have been mentioned in their forwarding letter dt. nil of Samir Puri, Manager Services of SBI Card (annex-A) instead of hiding it from the complainant. The very fact that complainant had returned the demand draft amount of Rs.23000/- (Rupees twenty three thousand) only to the issuing authority i.e. SBI (UBI) Card liquidating the aforesaid loan advance since he did not heed the loan, the receipt of which by the o.ps., was reflected in their monthly statement dt.6.1.06 (annex-C1). They received the above mentioned cheque for Rs.23000/- (Rupees twenty three thousand) only of the complainant on 4.1.06. But for some ulterior motive, the o.ps. instead of liquidating he above mentioned unsolicited loan, showed said amount as “ENCASH DEBIT” dt.23.12.05 which is highly unethical (annex-C1) and from 6.1.06 to 6.1.07 the o.ps. have been pressurizing the complainant all along to pay the EMI of alleged loan of Rs.23000/- (Rupees twenty three thousand) only which was not taken by the complainant in reality (annex-C1 to C13). This fault is all the more evident from the letter dt.1.11.07 of Kohli & Sobti addressed to complainant vide para 2,3 &4 (annex-D & E). Had the complainant really  asked for loan, he would not have returned / refunded the said amount of Rs.2300/- (Rupees twenty three thousand) only by cheque on 31.12.05, i.e. within five days (annex-B & C1).

            This apart, the complainant in his letter dt.27.7.06 addressed to the manager, UBI (SBI) card surrendered his credit card bearing no.4317575309066943 and sent the same to the addressee cutting it into multiple pieces (annex-F). Thus, the complainant’s closing outstanding balance as on 6.8.06 should have been Rs.415.32 (Rupees four hundred fifteen and paise thirty two) only plus interest as per stipulation of the SBI Card Division from the period ending on 6.5.06 to 6.8.06, which might have been charged by the o.ps. from the complainant (annex-C). But instead of doing that the o.ps. have been harassing the complainant by making inflated amount of outstanding balance incorporating the EMI amount for non existent loan advance. This tactics is nothing but aggressive marketing by resorting to unfair trade practice causing tremendous mental agonies to the complainant and his wife suffering from depression.

            Thus after hearing the complainant and documents on record, it is reasonably believed that the allegation of he complainant against the o.ps. are true and justified. This apart, the complainant by oral submission as well as by producing documentary evidences has been successfully able to substantive his contentions.

            Hence ordered,

            That the o.p. nos.1 and 2 are directed to liquidate the unsolicited loan advance of Rs.23,000/- (Rupees twenty three thousand) only against the return of the said amount by the complainant by cheque within five days from the date of receipt of he demand draft and to stop harassment of the complainant with immediate effect from the date of issue of this order. They are also directed not to indulge in such unfair trade practice in order to exploit the goodness of the customers. This apart, the o.p. nos.1 and 2 are directed to pay a compensation amounting to Rs.10,000/- (Rupees ten thousand) only for under harassment to the complainant and causing mental agonies to the complainant and his wife who is suffering from mental depression and litigation cost amounting Rs.1500/- (Rupees one thousand five hundred) only within 30 days from the date of issue of this order and in default, o.ps. shall have to pay interest @ 10% p.a. on the amount of money awarded as compensation and litigation cost to the complainant till full recovery of the awarded amount.

            However, the o.ps. are entitled to get the payment of outstanding balance of Rs.415.32 (Rupees four hundred fifteen and paise thirty two) only plus interest as per stipulation of SBI Card Division from the period ending on 6.5.06 to 6.8.06 due to them from the complainant. As such, the o.ps. are directed to raise the bill to this effect and send the same to the complainant within the thirty days to the complainant for making payment by him within forty five days from the date of issue of this order and in default, the complainant shall have to pay interest @ 10% p.a. till payment of above mentioned outstanding balance in full.

               The case is disposed of finally from the Forum.

               Let copy of this order be supplied to the parties free of cost.

    Sd/-                                                                                                    Sd/-

Member                                                                                               President

(L.K.Bhattacharya)                                                                         (S. K. Majumder)