In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No.391/2011.
1) Shri Tapan Kumar Sen,
5, Jatin Bagshi Road, Kolkata-29. ---------- Complainant
---Versus---
1) SBI CARDS,
FMCFortunaBuilding, 234/3A, AJC Bose Road,
3rd Floor, Kolkata-20, P.S. Bhowanipur.
2) SBI Cards & Payment Services Pvt. Ltd.,
State Bank House,
11, Parliament Street, New Delhi 110001. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Order No. 18 Dated 30-09-2013.
The case of the complainant in short is that complainant took one credit card from o.p. no.1. The credit card account no. is 0004 3175 7520 5195 730. No agreement nor any other documents containing the terms and conditions of usage of the said credit card was given to the complainant. Complainant was using the credit card and was regularly making payment of the charges to o.p. no.1.
After some time complainant found that the amount claimed by o.p. no.1 was highly excessive without any proper basis for such huge amount. The rate of interest charged was found to be highly excessive and was unable to find out the basis of such calculation by o.p. no.1.
Complainant was unable to find out the basis of such calculation in absence of the agreement containing the terms and conditions of usage of the credit card. Complainant on several occasions asked for explanation regarding calculation of the amount and to serve the copy of agreement and the statement of accounts but o.p. no.1 did not co-operate with the complainant. Complainant under the compelling circumstances informed the o.p. that he has decided to stop usage of the credit card. Complainant was completely dissatisfied with o.p. no.1 for the unfair trade practice adopted by o.p. no.1.
O.p. no.1 agreed to settle the claim with the complainant on the basis of Rs.12,000/- and paid in full. Complainant agreed to the said offer and paid Rs.12,000/- to the representative of o.p. no.1.
O.p. after receiving the amount of Rs.12,000/- from the complainant as per the settled terms issued one letter some time on 11.9.09 demanding Rs.49,554.05 inclusive of interest and other applicable charges from the complainant. Complainant was surprised to receive the notice and gave reply through his ld. advocate on 1.10.09. The credit card account was closed since the payment was made towards full and final settlement.
O.ps. have never served the copy of statement of accounts. Complainant is in dark how the o.ps. are making demands when complainant has stopped using the card and o.p. no.1 took cash and encashed the cheque of Rs.12,000/- towards full and final settlement. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. 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 ‘no due certificate’ has already been given to the complainant and entire settlement amount has been paid by complainant. It further appears from the record that the credit card has been surrendered by complainant.
That being the position we find that o.ps. had some deficiencies in service being service providers to their consumer / complainant and complainant had to toil hard and is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.ps. O.ps. are jointly and/or severally directed to pay to the complainant a sum of Rs.15,000/- (Rupees fifteen thousand) only as compensation for 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.
