West Bengal

Bankura

CC/19/2023

Sri Susanta Banerjee - Complainant(s)

Versus

M/S SBI Cards & Payments Service Ltd - Opp.Party(s)

Mahiuddin Ahamed

04 Oct 2023

ORDER

  IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No. 19/2023

           Date of Filing: 21/02/2023

Before:                                        

1. Samiran Dutta                              Ld. President.      

2. Rina Mukherjee                          Ld. Member. 

3. Siddhartha Sankar Bhui            Ld. Member.            

 

For the Complainant:  Ld. Advocate Mahiuddin Ahmed

For the O.P. : Ld. Advocate Partha Pratim Patra

 

Complainant  

Sri Susanta Banerjee, S/O Late Sunil Banerjee, Aged about-52 years, By caste – Hindu, By Occupation- Business, Resident of Jugipara,Bankura, P.O.+ P.S.- Bankura, Dist.- Bankura,Pin -722101.

Opposite Party                                                                                                                                               

M/S SBI Cards & Payments Service Ltd., Represented by its managing Director, Unit 401 & 402, 4^th Floor, Aggarwal Millenium Tower, E-1,2,3 Netaji Subhash, wazirpur, New Delhi- 110034

 

 FINAL ORDER / JUDGEMENT  

Order No.08

Dated:04-10-2023

Both parties file hazira through advocate.

The case is fixed for argument.

After hearing argument from both sides the Commission proceeds to dispose of the case as hereunder:-

The Complainant’s case is that O.P./Bank issued Credit Card bearing No.0004335876446140999 in favour of the Complainant in November, 2019 linked to his S.B. A/c. No.11110271599 on continuous instistence. The Complainant requested the O.P./Bank on 23/04/2021 to close th Credit Card as it was not comfortable to him. Thereafter the Complainant received a legal notice from O.P. dated: 13/10/2022 with the demand of Rs.21,273.48 as overdue interest and the Complainant replied the same by letter dated: 14/12/2022 to withdraw the said demand notice but till now the O.P./Bank has neither closed the SBI Credit Card nor withdrawn the demand notice. Hence this case.

                                                                                                                                                                                   Contd……p/2                                                                          

Page: 2

The O.P./Bank contested the case by filing  a written version contending inter alia that the Credit Card issued in favour of the Complainant is still in force and the Complainant has to bear the annual charges and other ancillary charges for which the demand notice has been served upon the Complainant.

-: Decision with reasons: -

Having regard to the facts of the case, submission, contention and documents on both sides the Commission finds that the Complainant did not ask for Credit Card from the O.P. voluntarily but the O.P. / Bank persuaded him to receive the same. The funny thing is that the Complainant has not entered into a single transaction by using the Credit Card but he has been asked to meet up the demand of the O.P. for Rs.21,273.48. It is nothing but an unfair trade practice within the meaning of Section-2(47) of the Consumer Protection Act, 2019 adopted by theO.P.for promoting the service of Credit Card by deceptive practice.

The facts and circumstances of the case as narrated by the Complainant shows that the Complainant was in fact pressurized to accept the Credit Card against his will and consent. The O.P./Bank also failed to discontinue with the Credit Card though the Complainant expressed his unwillingness and discomfort to use the same. There can be no such terms and condition for issuance of Credit Card without any provision for withdrawal / closure / termination as the case may be.

Banking service is consumer friendly service and no unfair trade practice should be adopted therein and any violation thereof will attract the vice of unfair contract within the meaning of Section-(2)(46) of the Cosumer Protection Act for imposing on the consumer any unreasonable charge, obligation or condition which puts such consumer to disadvantage. In this case the Complainant has to bear the wrath of demand notice even without entering into any transaction. It is a fit case for the Commission to rise to the occasion to pass appropriate order to mitigate the hardship and injustice meted out to the Complainant. Accordingly the Commission for fair disposal of the case and for ends of justice direct the Complainant to bear with a token sum of Rs.2,000/- and share it with the O.P. / Bank to get out of the present unwanted impasse.

                                                                                                                                                                                            Contd……p/3

Page: 3

Accordingly it is ordered……..

That the case be and the same is disposed of on contest by directing the O.P. to terminate the SBI Credit Card of the Complainant with immediate effect delinking the same from his S.B. A/c on payment of a token sum of Rs.2,000/- to the O.P. / Bank within one month from this date in default law will take its own course.

Both parties be supplied copy of this Judgement free of cost.

 

 ____________________                _________________          _________________

HON’BLE   PRESIDENT           HON’BLE MEMBER       HON’BLE MEMBER