In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.   491 / 2009.

1)                   Sri Ashis Kumar Dutta,

6-B, Ananda Prasad Street, Kolkata-700005.                                           ---------- Complainant

---Versus---

1)                   S B I Cards and Payment Service Pvt. Ltd.,

234, A.J.C. Bose Road, Kolkata-700020.                                                ---------- Opposite Party

Present :           Sri Sankar Nath Das, President.

                        Smt. Jhumki Saha, Member.

Order No.    2 0   Dated  1 6 / 0 3 / 2 0 1 2 .

            The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by the complainant Ashis Kumar Dutta against the o.p. SBI Cards and Payment Service Pvt. Ltd. The case of the complainant in short is that he took a loan of Rs.14,000/- from o.p. as against his credit card no.4317 5753 0463 4729 and complainant has stated that he has paid Rs.22,000/-. Subsequently o.p. claimed Rs.48,145.14 and a settlement was arrived at between the parties that the matter would be finally sorted out Rs.20,000/- in seven slots by complainant. Accordingly, complainant paid the said sum of Rs.20,000/-. But o.p. in respect of issuing ‘no due certificate’ further demanded Rs.10,000/- from complainant. Hence the case.

            O.p. had entered its appearance by filing w/v denying all the material allegations labeled against it and prayed for dismissal of the case.

Decision with reasons:-

            We have gone through the pleadings of the parties, evidence and documents in particular. It is an admitted position that both the parties to this case had entered into a settlement as per petition of complaint and evidence of complainant we come to find that complainant paid the lost slot out of seven slots towards payment of settlement sum of Rs.20,000/- on 24.5.09 and we find from the record receipt of o.p. branch that the cheque was received by Samadhan, 187, Prince Anwar Shah Road, Kolkata-33 as full and final payment and this position has never been denied by o.p. nowhere on record. But from the letter dt.27.6.08 issued by Manager of o.p. bank that settlement amount of Rs.20,000/- will have to be paid by complainant in seven shorts and there is no mentioned on and from that it will start a commencing and as well as the date of termination of the said period of seven shorts. That being the position we do not find any justification for charging further sum of Rs.10,000/- from complainant after making full payment as per settlement and as such, we find that this action on the part of o.p. amounts to deficiency of service being a service provider to its consumer / complainant and complainant is entitled to relief.

            Hence, ordered,

            That the petition of complaint is allowed on contest with cost against o.p. O.p. is directed to issue ‘no due certificate’ in favour of complainant and is further directed to pay compensation of Rs.10,000/- (Rupees ten thousand) only to complainant for his harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. 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.

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     MEMBER                                                           PRESIDENT