IN THE DISTRICT CONSUMERS’ DISPUTES REDRESSAL FORUM AT MYSORE<br /> <br /> PRESENT: 1. Shri.A.T.Munnoli<br /> B.A., L.L.B (Spl.) - President <br /> <br /> <br /> 2. Shri. Shivakumar.J.<br /> B.A., L.L.B., - Member<br /> <br /> CC 77/09 DATED 24.11.2009<br /> ORDER<br /> <br /> Complainant Sri. J.V. Dwarakanath S/o J.V. Venkataswamy, R/at L-84, III Stage, Kuvempunagar, Mysore.<br /> <br /> (By Sri. S.Y, Advocate)<br /> <br /> Vs. <br /> Opposite Party M/s SBI Cards and Payments Service Pvt. Ltd., No.11, Parliament Street, New Delhi-01.<br /> ( By Sri H.S.K. Advocate.)<br /> <br /> Nature of complaint : Deficiency in service<br /> Date of filing of complaint : 03.03.2009<br /> Date of appearance of O.P. : 21.10.2009<br /> Date of order : 24.11.2009<br /> Duration of Proceeding : 1 Month 3 Days<br /> <br /> <br /> <br /> <br /> PRESIDENT <br /> <br /> <br /> <br /> MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Sri. A.T.Munnoli,<br /> President<br /> <br /> 1. Under Section 12 of the Consumer Protection Act, the complainant has filed the complaint against the opposite party, to hold that the account of the complainant with the opposite party Bank has been closed and that he is not liable to pay any amount and further, damages of Rs.5,000/- is claimed.<br /> <br /> 2. In the complaint, it is alleged that, he is credit card holder, bearing No.0004317575034853649 of opposite party Bank. Promptly complainant was making payment towards use of the card. He was not to defaulter. In the month of March 2007, complainant received a statement for outstanding balance of Rs.36,547/-. Immediately the complainant had made payment through cheques. The complainant send letter on 25.05.2007, requested to close the account by surrendering the half broken Credit Card. It is stated that, for the month of May 2007, the opposite party sent bill for Rs.2,489.64/- complainant resisted it. The opposite party did not reply to the earlier letter, but sent lawyer’s notice threatening to initiate criminal prosecution, if outstanding dues of Rs.5,805.90/- are not paid. No details of the said dues are stated. Said demand is unreasonable. In the monthly statement dated 05.03.2008, demand was made at Rs. 7,752.34/-. On these grounds, it is prayed to allow the complaint.<br /> <br /> 3. In pursuance of the notice, the opposite party appeared before the Forum through an advocate, but not filed the version.<br /> <br /> 4. To prove the facts alleged in the complaint, the complainant has filed his affidavit. No affidavits or documents produced for the opposite party. Certain documents are produced by the complainant. We have heard the learned advocate for the complainant and perused the records.<br /> <br /> 5. Now the points arises for consideration are as under:-<br /> 1. Whether the complainant has proved any deficiency in service on the part of the opposite party and that he is entitled to the reliefs sought?<br /> 2. What order?<br /> 6. Our findings are as under:-<br /> Point no.1 : Partly affirmative.<br /> Point no.2 : As per the order.<br /> <br /> REASONS<br /> <br /> 7. Point No.1:- The facts alleged in the complaint as noted above, have not been denied by the opposite party. To substantiate the said facts, the complainant has filed his affidavit and further, produced certain documents.<br /> <br /> 8. As could be seen from the facts alleged in the complaint, in the month of March 2007, in the statement, outstanding balance was shown by the opposite party at Rs. 36,547/-. The complainant claims that amount has been paid through two cheques. The complainant claims, whatever amount was shown as outstanding balance has been paid. Also the complainant claims, he wrote to the opposite party requesting to close the account by surrendering broken half portion of the credit card and the remaining portion was retained, which is now produced before the Forum. This fact is not disputed by the opposite party.<br /> <br /> 9. Hence, as noted above, when the complainant paid the entire outstanding balance and requested the opposite party Bank to close the account, and further claim made by the opposite party that Rs.2,489.64/- in the month of May, Rs.6,288.97/- in the lawyer’s notice and Rs. 7,752.34/- in the statement dated 05.10.2008, will not arise. It is claimed by the complainant that, no details of the said claim are furnished and said demand is unreasonable. At the cost of repetition, when in the month of May 2007 itself, the complainant requested the opposite party to close the account and had sent half portion of the credit card, in the absence of any evidence, the further claim made by the opposite party cannot accepted. Not only that, the opposite party, Bank did not furnish details or particulars to the complainant in the statement, but also before this Forum, though it appeared through advocate. Hence, absolutely we have no reason to discard the claim of the complainant.<br /> 10. Hence, from the facts and the material on record, it has been made out by the complainant that, after paying the entire outstanding dues under the credit card account the complainant requested the opposite party to close the account, but the opposite party has not closed the amount, which amounts to deficiency in service. Accordingly, our finding on the point is partly in affirmative.<br /> 11. Point No. 2:- From the discussion made above and conclusion arrived at, we pass the following order.<br /> <br /> ORDER <br /> 1. The complaint is partly allowed.<br /> 2. The opposite party is hereby directed to close the credit card account of the complainant bearing No.004317575034853649 forthwith. <br /> 3. Under the circumstances there is no order as to cost.<br /> 4. Give a copy of this order to each party according to Rules.<br /> (Dictated to the Stenographer, transcribed by her, transcript revised by us and then pronounced in the open Forum on this the day 24th November 2009)<br /> <br /> <br /> <br /> (A.T.Munnoli) <br /> President <br /> <br /> <br /> <br /> (Shivakumar.J.)<br /> Member<br /> <br /> <br /> <br /> <br /> <br />