IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Saturday, the 29th day of April, 2017.
Filed on 06.07.2011.
Present
1) Smt. Elizabeth George (President)
2) Sri. Antony Xavier (Member)
3) Smt. Jasmine D (Member)
in
CC/No.239/2011
Between
Complainant: Opposite parties:
Sri.Aravind. 1. M/s SBI Cards & Payments
S/o Bhaskaran and Services Pvt. Ltd,
Kannarkadu Veedu State Bank of Inida
North Aryad.P.O Local Head Office II
Alappuzha Parliament Street, Bay No.28
G.P.O, New Delhi-110001
2. Manager, State Bank of India,
Main Branch ,Beach Alappuzha,
O R D E R
SMT.ELIZABETH GEORGE (PRESIDENT)
The case with the complainant is as follows:-
This is a remanded matter. The case was once heard and the President of the then Forum passed an order on 30.04.2012 allowing the complaint. Since there was no detailed order, Hon’ble State Commission suomoto taken up the matter and remanded the case for hearing for the purpose of passing a speaking order. After remanded, notices were issued to both parties for hearing the matter.
On 13/1/2006 the complainant availed a credit card facility from the 1st opposite party. Whileso the credit card facility is in force, the complainant availed two hand loans on 17-12-2007 for an amount of Rs. 51,000/- and on 12-4-2010 for an amount of Rs. 14,000/- respectively. For the 1st loan agreement, the E.M.I was fixed as Rs. 1292/- for 48 instalments and for the second one it was Rs. 458/- for 36 instalments. The rate of interest was fixed as 11% per annum. It is submitted that in contravention to the agreement the 1st opposite party received Rs. 1572/- for 41 instalments for the 1st loan. There is only 7 instalments are remaining in the 1st loan. Still now the 1st respondent received an excess amount of Rs. (1572-1292) x 41 = Rs.11480/- from the complainant. And again the 2nd loan is concerned the complainant has remitted 12 instalments each Rs. 657/- which is also against the agreed E.M.I of Rs. 458/-. So the 2nd loan is concerned, the petitioner had to pay Rs.(657-457) x 12 = Rs. 2388/- more than the agreed amount. In both loans the complainant has to pay an amount of Rs. 20,036/- . At the same time the complainant Bank received an amount of Rs. 11,480 + 2388 + 2611 = 39979/-. So the complainant received 39979-20036 = 19,943/- rupees more from the complainant still now. After receiving Rs.19,943/- rupees unauthorisedly and unlawfully from the complainant, the opposite party bank is relectant to close the petitioners loans. The complainant has approached the bank so many times to close his loan and get back the excess amounts received by it. But the opposite party bank is not willing and ready to redress the grievances of the complainant. Alleging deficiency in service on the part of the opposite party the complaint is filed.
2. Notice issued against the 1st opposite party on their service but they did not filed version. Hence the 1st opposite party was set exparty
3. Version of the 2nd opposite party is as follows:-
There is no privity of contract between the complainant and this opposite party in the matter of the credit card facility alleged to have been availed by complainant from the 1st opposite party. This opposite party is not all aware of the alleged transactions referred to in the complaint. In the absence of consumer relationship, no deficiency of service can be attributed against this opposite party, and as there is no deficiency in the service, the complaint under the C.P Act will not lie and the complaint has to be dismissed as against the opposite party. The complainant filed affidavit and documents were marked as Ext. A1 and Ext.A2. No documents produce from the side of the opposite party.
4. Points for consideration are?
1. Whether there is deficiency in service on the part of the opposite party?
2. Whether the complainant is entitled to get the relief?
5. According to the complainant on 13-1-2006 he availed a credit card facility from the 1st opposite party and on 17-12-2007 he had availed a loan for Rs. 51,000/- and on 12-4-2010 he had availed another loan for Rs. 14,000/-. Complainant further stated that as per agreement he had to pay Rs. 1292/- for 48 instalments for the 1st loan and Rs. 458 for 36 instalments for the 2nd loan. But he had remitted Rs. 1572 for 41 instalments for the 1st loan and Rs. 657 for 12 instalments for the 2nd loan agreement to the complainant. In both loans he has to pay an amount of Rs. 20,036/-, but the opposite party received an amount of Rs.39,979/- and accordingly opposite party received an amount of Rs. 19,943/- more from the complainant. In order to substantiate the allegation complainant produced a monthly statement (SBI card monthly statement) which marked as Ext.A1. On verifying Ext.A1we came to see that the complainant has remitted Rs.1572.50 from 9/1/2010 to 9/5/2011 and Rs. 657.22 form 9/5/2010 to 9/5/2011. Another document produced by the complainant which contains the details of transactions and description is marked as Ext.A2. Ext.A2 shows that the complainant had effected 41 instalments as Rs.1572.50/- each from 9-1-2008 to 9-5-2011 without any default. It also shows that he had made payments in another loan also. In order to rebut the allegations of the complainant 1st opposite party did not file any version. The 2nd opposite party filed version stating that there is no contracts between the complainant and 2nd opposite party. Hence the allegations of the complainants against 1st opposite party remain unchallenged. During the trail stage several opportunities given to the opposite party for producing the statements of accounts. But opposite party did not produce any documents to prove their case. From the available evidence. We are of opinion that complainant’s allegations are true.
In the result the complaint is allowed. Opposite parties are directed to close both of the loan transaction of the complainant. Since the primary relief is granted, no further relief as to compensation and cost.
Pronounced in Open Forum on this the 29th day of April, 2017.
Sd/-Smt. Elizabeth George (President)
Sd/-Sri. Antony Xavier (Member)
Sd/- Smt. Jasmine.D (Member)
Appendix:
Evidence of the complainant:
Ext. A1 - SBI Card monthly statement
Ext.A2 - Instalmet details
Evidence of the opposite parties: Nil
-//True Copy//-
By Order,
To
Senior Superintendent.
Complainant/Opposite parties /S/F
Typed by: br/-
Compd by :
