In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No.34/2011
1) Partha Chakraborty,
DE-119 Pubali, Ashwininagar,
Baguihati, Kolkata-59. ---------- Complainant
---Versus---
1) The authority, M/s. SBI Card and Payment Services Pvt. Ltd.
FMC Fortuna 3rd Floor, 234/3A, A.J.C. Bose Road,
P.S. Shakespeare Sarani, Kolkata-20. and
Having regd. office at State Bank House,
11, Parliament Street, New Delhi-110001. ------------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member
Smt. Sharmi Basu, Member
Order No. 20 Dated 20-12-2012.
The petition of complaint has been filed by the complainant Partha Chakraborty against the o.ps. M/s. SBI Card and Payment Services Pvt. Ltd. The case of the complainant in short is that complainant took the SBI Card / SBI Credit Card vide no.0004317575206193337 which was issued by the authority of o.p. Complainant wanted to stop operate / uses the said card for ever and his proposal for full and fin al settlement of payment was accepted by o.p. in the year of 2008 and they directed to pay of Rs.8500/- with two instalments in two shots for full and final payment of dues.
For the misguide and bad activity of the recovery agent of o.p., complainant had failure to pay the total outstanding of dues in respect of said credit card and he paid of Rs.(5300+3000+150) on 29.12.08, 23.11.08 and 3.8.09 accordingly but unfortunately he forget to pay Rs.50/- to o.p. Thereafter, complainant received a letter from o.p.’s authorized advocate (i.e. Demand Notice No. DLNLA Aug 10-11884 dt.19.8.10)) and surprised to see that o.p. demanded of Rs.33396.22 in connection of the said credit card. Complainant neither used the said card after the issuance of letter dt.19.11.08 nor handed over the said card to anybody for enjoy the same.
Thereafter, on behalf of complainant, the ld. advocate sent the reply letter dt.1.10.10 and asked the statement of account / utilization of the credit card but another advocate’s concern namely R. Narayan and Associate again issued a letter on 11.11.10 to complainant and explained he outstanding balance of Rs.36,469.66 liable to pay the by complainant. and o.p. authority again sent a statement dt.3.12.10 and outstanding interest thereof Rs.37,555.76. Hence the case was filed by complainant with the prayer contained in the petition of complaint.
O.p. had entered its appearance in this case by filing w/v and denied all the material allegations labeled against it and prayed for dismissal of the case. Ld. lawyer of o.p. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainant forgot to pay Rs.50/- towards full and final settlement. It is surprising to take note that o.p. has claimed Rs.37,555.76 as against user of the complainant’s credit card and we do not find any valid document filed by o.p. to accept their contention and we hold that o.p. has deficiency in service being provider to its consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against o.p. O.p. is directed to cause service of the statement of account from 19.11.2008 till 1.2.2011 and is further directed to receive Rs.50/- from the complainant towards full and final settlement of dues arising out of the SBI Credit Card of the complainant and is directed to issue ‘no due certificate’. O.p. is further directed to pay compensation of Rs.7000/- (Rupees seven thousand) only for harassment and mental agony and litigation cost of Rs.1000/- (Rupees one thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
