In the Court of the Consumer Disputes Redressal Forum, Unit -I, Kolkata, 8B, Nelie Sengupta Sarani, Kolkata-700087. CDF/Unit-I/Case No. 60 / 2008 1) Sri Manoj Pal, L5/12, Dankuni Housing Estate, Hooghly-712311. ---------- Complainant ---Verses--- 1) M/s SBI Cards & Payments Services Ltd., FML Fortuna Building, 234/3A, A.J.C. Bose Road, Kolkata-700020. 2) M/s SBI Cards & Payments Services Ltd., DLF Infinity Tower, Tower C, 10th Floor, Phase-III, Gurgaon-122002. ---------- Opposite Party Present : Sri S. K. Majumdar, President. Sri T.K. Bhattachatya, Member. Order No. 1 4 Dated 2 3 / 1 2 / 2 0 0 9 . Complainant Manoj Pal on 21.2.08 by filing a petition of complaint u/s 11 and 12 of the C.P. Act, 1986 has prayed for issuing direction upon the o.p. no.1 M/s. SBI Cards and Payment Services Ltd., FML Fortuna Building and o.p. no.2 M/s. SBI Cards and payment Services Ltd., DLF Infinity Towers, Gurgaon for parmenently restraining them from claiming any amount from the complainant and withdrawal of the name of the complainant from the defaulter list in the financial institution of syndicate and release the amount of Rs.3920/- to the complainant and compensation of Rs.50,000/- etc. and litigation cost and/or any other relief or reliefs as the forum may deem fit and proper. It is the specific case of the complainant that he is SBI Card holder bearing no.4317575205893713 and he is also a card holder of HDFC Bank bearing card no.4346771005007720. In the month of October 2006 he received an information over telephone from the representative of SBI Card that an amount of Rs.18750/- had been transferred to his HDFC card no.4346771005007720. He made inquiry and it was found that said amount was never been transferred in favour of the complainant to HDFC Bank as it is evident from the statement of HDFC Bank and SBI Cards and Payment Services Ltd. had informed the complainant by a letter dt.18.11.06 that the amount was drawn in favour of one HDFC Card no.4346771007522189. On the basis of the complaint the o.ps. admitted their mistake and assured to rectify the same. But ultimately they did not do so. The complainant had purchased three tickets from Airdecan through SBI credit card no.4317575205893713 on 8.10.06 and out of three tickets two tickets were cancelled for his personal reason and as such, Airdecan had refunded the amount of Rs.3920/- for the two cancelled tickets to the complainant’s SBI Cards and Payment Services Ltd. A/C. But the o.ps. are still unauthorizedly withholding the same amount. On the other hand, they sent a legal notice on 27.7.07 from their lawyer Rajesh Prasad for recovery of amount of Rs.22466.07 with interest. On his demand the complainant appeared before him and showed him all necessary documents and Mr. Prasad assured him that it was wrongfully and inadvertently demanded from the side of the o.ps. and assured him to settle the matter, but till now they did not settle the matter and in its stead their representatives over telephone have threatened the complainant causing harassment and mental agony to the complainant and also threatened him with foul and abusive language and as such, the complainant has filed this case against the o.ps. with the aforesaid prayer. Decision with reasons :- As the o.ps. even in spite of receipt of the notice have not filed the w/v the case is heard ex parte. It is the specific grievance of the complainant that he is holders two cards one with the o.ps and another with HDFC Bank. In paragraph 2 of his petition of complaint he has stated that the number of HDFC card is 4346771005007720. In the month of October 2006 he received an information over telephone that an amount of Rs.18750/- had been transferred to HDFC card no.434677105007720 which belongs to the complainant but in paragraph 4 of his petition of complaint it is stated that the amount of Rs.18750/- was drawn in favour of one HDFC card no.4346771007522189 which does not belong to the complainant. Obviously therefore, such transfer is a wrong transfer and the mistake committed by the o.ps. which has been admitted by them vide annex-C. We have also perused the Xerox copies of the cards, annex-A and the statement of HDFC Bank, annex-B. Not only that when the complainant met Mr. Rajesh Prasad, the advocate of the complainant he admitted the fault of the o.ps. and we have perused the lawyer’s letter, annex-D dt.27.7.07, but surprising enough he has demanded Rs.22466.07 payable by the complainant and they have stated that they have made numerous demand to the complainant for making such payment. We have also perused annex-E addressed to Mr. Prasad, advocate of the o.ps. by the complainant wherein he has categorically denied the claim of the o.ps. and also complained against their wrongful demand. We have also perused the affidavit of examination-in-chief by the complainant wherein he has categorically stated all about the facts made out in his petition of complaint and the averments made out in his affidavit of examination-in-chief which are corroborative in nature with regard to the pleadings made out in his petition of complaint. we have also perused the BNA submitted by ld. Lawyer of the complainant and noted its contents and it reasonably appears to us on perusal of all those annexures that the claim of the o.ps to the extent of Rs.22466.07 is illegal and not at all justified. Having due regard to the circumstances and the supportive documents we are of the opinion that there is nothing to disbelieve the unchallenged testimony of the complainant. Hence, Ordered, That the petition of complaint is allowed ex parte against the o.p. nos.1 and 2. The o.ps. are directed not to make any claim from the complainant against his credit card. The o.ps. are also directed to release the amount of Rs.3920/- in favour of the complainant positively within thirty days from the date of communication of this order. The complainant do also get an award of compensation of Rs.5000/- (Rupee five thousand) only and litigation cost of Rs.2000/- (Rupees two thousand) only and the grand total of Rs.10,920/- (Rupees ten thousand nine hundred twenty) only positively within thirty days from the date of communication of this order, failing which in will carry interest @ 10% p.a. till realization. The o.ps. are also directed to be restrained from disturbing the complainant or his family members either over telephone or in writing or in any manner whatsoever. Fees paid are correct. Supply certified copy of this order to the parties on payment of prescribed fees. _____Sd-_____ ______Sd-_______ MEMBER PRESIDENT | 
