IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Thursday the 30th day of June, 2011
Filed on 01.12.10
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.328/10
between
Complainant:- Opposite Party:-
Sri.Unnikrishnan, SBI Credit Card, DLF Infinity Tower,
S/o Prebhakara Kurup, Tower C, 12th Floor, Block 2, Building 3,
Puthanmadam, DLF Cyber City Gurgaon 122002, Haryana,
Punnapra, Alappuzha. Rep. by its Manager.
(By Adv.M.S.Jayesh)
O R D E R
SRI. K. ANIRUDHAN (MEMBER)
Sri.Unnikrishnan has filed this complaint on 01.12.2010 against the opposite party alleging deficiency in service. The allegations of the complainant are as follows:- The agents of the opposite party had contacted him and requested to purchase an SBI Card. Due to the inducement of their agents he has purchased the credit card. Upon receipt of the card and brochure, it was revealed that all the representation made by the agents of the opposite party were false. The number of the card was 4317575026610445. He did not activate the said card. But the opposite party had, without his consent debited certain amount from his account and transferred the same to the account of M/s.Royal Sundaram Alliance Insurance Company for issuing a policy in his name. Aggrieved by the said act of the opposite party, he returned the SBI Card along with a request for canceling the card to the office of the opposite party on 22.08.2005 and opposite party had accepted the same. On 02.09.2005, the opposite party sent a reply to him after accepting the request for cancellation. But the opposite party demanded a sum of Rs.2,022/64 (Rupees two thousand twenty two and sixty four paisa only) unnecessarily.
1. After thathe got a cover from the opposite party, containing some papers and two SBI cards. He had not requested or applied for a new card. He had returned all those documents to the opposite party on 17.01.2006, and opposite party had received the same. Subsequently he got an Advocate notice vide dated, 15.05.2009 demanding Rs.18,493/17 (Rupees eighteen thousand four hundred ninety three and seventeen paisa only) for credit card No.0004317575079098290 vide account No.0004317575070543740. He is not a subscriber for the above cards and account and that there is any contract or agreement between him and opposite party for the said credit card. He had sent Advocate notice on 20.06.2009 stating the real facts. The officials of the opposite party regularly threatening him and they told him that he should be included in the list of Credit Information Bureau India Ltd (CIBIL) and to the best of the knowledge of him, he had already included in the list, all other financial institution should bar transaction with him. He has not obtained any favourable attitude to this matter, from the opposite party. Hence the complaint.
2. Notices were issued to the opposite party. Even though they have accepted the notice of this Forum, they are not turned up. Considering the absence of the opposite party, they were declared as exparte on 24.03.2011 and proceeded the matter.
3. Considering the allegations of the complainant, this Forum has raised the following issues for consideration.
1) Whether there is any deficiency in service on the side of the opposite party?
2) Whether the complainant is entitled to get the relief prayed for in the complaint?
3) Whether the complainant is entitled to get the compensation and costs from the opposite party?
Issues 1 to 3
4. The complainant has filed proof affidavit in support of his case and produced documents in evidence Ext.A1 to A15. Documents marked. Ext. A1 is the copy of the Letter sent by the complainant to the SBI Cards and Payment service Pvt Ltd, New Delhi stating the matter. Ext. A2 is the Postal Receipt for the above letter to the opposite party. Ext. A3 is the Letter dated 22.08.2005 of the complainant to the opposite party stating the matter relating to the dispute. Ext. A4 is the Letter dated, 02.09.2005 of the opposite party to the complainant. It is stated that they have cancelled the account of the complainant, and further stated that a sum of Rs.2,022/46 (Rupees two thousand twenty two and forty six paisa only) is outstanding in the account of the complainant, and further directed to destroy the card to avoid any misuse. Ext. A5 is the Letter dated, 08.09.2005 of M/s.Royal Sundaram Alliance Insurance Company Ltd., to the complainant. It is stated that they have cancelled the Policy number as per the request of the complainant, together with the refund of an account of Rs.950/- (Rupees nine hundred and fifty only). Ext. A6 is the statement of SBI Card sent to the complainant. It shows the details of amount payable. Ext. A7 is the copy of the Letter dated, 12.11.2005 sent by the complainant to the opposite party, stating that he was not liable for any amount. Ext. A8 is the copy of the Letter sent by the complainant to the opposite party stating that he has not used the card, and request to cancel the card. Ext. A9 is the Postal Receipt for the above Letter. Ext. A10 is the statement sent by the opposite party to the complainant vide dated, 02.01.2007. It shows that an amount of Rs.5,956/75 (Rupees five thousand nine hundred fifty six and seventy five paisa only).
5. Ext. A11 is the statement sent by the opposite party to the complainant showing that an amount of Rs.3,376/37 (Rupees three thousand three hundred seventy six and thirty seven paisa only) is the outstanding amount. Ext. A12 is the Advocate Notice dated, 15.05.2009 of the opposite party sent to the complainant, demanding an amount of Rs.18,493.17/- (Rupees eighteen thousand four hundred ninety three and seventeen paisa only), in connection with the credit card No.0004317575079098290 vide account No.0004317575070543740. Ext. A13 is the reply of Advocate Notice vide dated, 20.06.2009 to the opposite party’s advocate, stating the whole matter relating to the cards. Ext. A14 is the Postal Receipt for the above Letter. Ext. A15 is the statement regarding the SBI card dated, 02.06.2010, sent by the opposite party to the complainant. It shows that an amount of Rs.27,082/79 (Rupees twenty seven thousand eighty two and seventy nine paisa only) was due in the name of the complainant.
6. We have carefully examined the whole matter involved in this case, and perused the entire documents given by the complainant in evidence and heard the matter in detail. It is alleged that the complainant had taken a Credit Card from the opposite party, by the inducement of the agent of the opposite party. As such he obtained the card and the brochure. The number of the card was 4317575026610445. It is further alleged that the complainant did not activate the card, but the opposite party had debited certain amount from the complainant’s account and transferred the same to the account of M/s.Royal Sundaram Alliance Insurance Company Ltd., for issuing a policy in the name of the complainant. It is further alleged that the complainant returned the SBI Card to the opposite party with request for canceling the card (Ext.A1). The transfer of the complainant’s account to the said M/s.Royal Sundaram Alliance Insurance Company Ltd., was without knowledge or consent of the complainant. Ext. A4 shows that the opposite party had accepted the cancellation. But later the opposite party claimed certain amount from the complainant. Ext. A5 shows that M/s.Royal Sundaram Alliance Insurance Company Ltd., had cancelled the policy as per the request of the complainant. But they have also demanded a sum of Rs.950/- (Rupees nine hundred and fifty only) from the complainant. Ext. A8 document shows that complainant had intimated the opposite party regarding the unwillingness to remit any amount to the opposite party since the transfer of A/c to M/s.Royal Sundaram was with out consent or knowledge of the complainant. Any how, the opposite party had demanded exorbitant amounts from the complainant, by sending statement (Ext.A10, A11 and A15).
7. On a verification of the documents, it is to be noticed that the complainant had obtained the SBI card from the opposite party. But he had not activated the same and entrusted the card to the opposite party with a request for cancellation. With out verifying the details of the connection, the opposite party had demanded amount from him. In addition to this, the opposite party had transferred the account to M/s.Royal Sundaram Alliance, with out consent or knowledge of the complainant. M/s.Royal Sundaram Alliance had also intimated the complainant regarding the cancellation of the account after claiming certain amount. Even after that, the opposite party also claimed amounts from the complainant. After verification of the entire matter of this case, we are of the view that the opposite party have no authority to charge amount, from the complainant, since he had not activated the card. The whole facts shows that the opposite party had acted in an illegal and unauthorized way to transfer the account of the complainant to M/s.Royal Sundaram Alliance with out consent and knowledge of the complainant.
8. In this context, we are of the view that the complainant need not remit any amount to the opposite party since he had already requested the opposite party to cancel the account on verification, it can be seen that the whole action taken by the opposite party is highly illegal arbitrary and without any bonafides. There is deficiency in service, negligence and unfair trade practice on the side of the opposite party by way of demanding amounts from the complainant, with out verify the details of the matter from the records and without examine the request of the complainant. The opposite party is not at all entitled to get any amounts from the complainant in connection with the said credit card. Statement issued to the complainant after demanding amounts is to be quashed and the complainant is not bound to remit any amount with the opposite party. Since there is grossest deficiency on service, negligence and unfair trade practice on the side of the opposite party, the complainant is fully entitled to get compensation from the opposite party. Hence, we are of the further view that the allegations raised by the complainant against the opposite party are to be treated as genuine and that complaint is to be allowed as prayed for. All the issues are found in favour of the complainant.
In the result, for the ends of justice we hereby ordered that the complainant is not entitled to remit any amount to the opposite party in connection with the said Credit Cards and the documents issued to the complainant by the opposite party after demanding exorbitant amount is hereby quashed. We further direct the opposite party to take urgent steps to remove the name of the complainant from CBIL and further directed the opposite party to pay an amount of Rs.10,000/- (Rupees ten thousand only) as compensation to the complainant for his mental agony, pain, sufferings, harassment, physical strain, damages and loss due to the grossest deficiency in service, culpable negligence, unfair trade practice and cheating of the opposite party by way of charging amounts against the complainant in an illegal way and without verifying the records, since the complainant had not activated and not used the card and transfer the account of the complainant to M/s.Royal Sundaram Alliance without his consent and knowledge and issuing notices to the complainant claiming exorbitant amount in unauthorized and arbitrary way. We further ordered that the opposite party shall pay a sum of Rs.2,000/- (Rupees two thousand only) to the complainant as costs of this proceedings. We further direct the opposite party to pay the said amounts to the complainant within 30 days from the date of the receipt of this order.
Pronounced in open Forum on this the 30th day of June, 2011.
Sd/-Sri. K. Anirudhan
Sd/-Sri. Jimmy Korah
Sd/-Smt. N. Shajitha Beevi
Appendix:-
Evidence of the complainants:-
Ext. A1 - The copy of the letter to the opposite party
Ext. A2 - The Postal Receipt
Ext. A3 - The copy of the Letter dated 22.08.2005
Ext. A4 - The copy of the Letter dated 02.09.2005
Ext. A5 - The copy of the Letter dated 08.09.2005
Ext. A6 - The statement of SBI Card dated, 02.12.2005
Ext. A7 - The copy of the Letter dated, 12.11.2005
Ext. A8 - The copy of the Letter dated, 14.11.2006
Ext. A9 - The Postal Receipt
Ext.A10 - The statement of SBI Card dated, 02.01.2007
Ext. A11 - The statement of SBI Card dated, 02.12.2006
Ext. A12 - Advocate Notice dated, 15.05.2009
Ext. A13 - Advocate Notice dated, 20.06.2009
Ext. A14 - Postal Receipt
Ext. A15 - The statement of SBI Card dated, 02.06.2010
Evidence of the opposite party:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite Parties/S.F.
Typed by:-
Compared by:-
