CC/88/2017
Judgment : Dt.15.12.2017
Shri S. K. Verma, President
This is a complaint made by one Jyotiska Ganguly, son of Tirtha Prasad Ganguly of 15/1/23, Jheel Road, Ground floor, Dhakuria, P.S.-Garfa, Kolkata-700 031 against SBI Cards and Payment Services Pvt. Ltd., Block-A, Third Floor, Appeejhy House, No.15, Park Street, Kolkata-700 016, OP No.1 and SBI Cards and Payment Services Pvt. Ltd., EMC Fortuna Building Woodburn Park Road, Sree Pally, Bhowanipure, P.S.-Kalighat, Kolkata-700 020, OP No.2 praying for a direction upon the O.P. to place the statement of A/Cs in details showing actual payment to be made and direction to pay compensation of Rs.2,00,000/- and litigation cost of Rs.20,000/-.
Facts in brief are that Complainant is a credit card holder of the OP having credit limit of Rs.97,000/- with a cash limit of Rs.97,000/-. Complainant on 14.2.2014 made a purchase of articles amounting to Rs.89,000/- through this card. OP issued a statement of accounts. Complainant called customer care of OP to convert the aforesaid amount payable by way of Flexi Pay installment in the mode of EMI of 24 months.
OP considered the request of the Complainant to pay the entire amount by way of 24 monthly installments with a rider to pay Rs.24,000/- upfront only for exceeding the purchased limit. Complainant paid Rs.15,000/- on 22.2.2015 and Rs.9,000/- on 24.2.2014 respectively aggregating Rs.24,000/- which is evinced from the statement of account of the month of March, 2014. A Xerox copy of statement of account for the month of March, 2014 is enclosed herewith in annexure ‘A’. From this statement, it would appear that double entry of monthly Flexi Pay of Rs.3,587.38 was made resulting the Complainant to pay double amount and it was also noticed that similar discrepancies in transaction of transfer of Flexi Pay installment amount of Rs.66,928/- is entered and calculated twice and there is double entry of flexi Pay fee of Rs.750/- in the said statement. Due to this the credit limit was shown as negative. Complainant informed this discrepancy to the Customer Care through e-mail for necessary rectification on several occasions. But, OP intentionally neglected to rectify the mistakes. Although the OPs have acknowledged the same and tendered apologies for such inconvenience to the Complainant, which is annexure ‘B’.
Complainant expressed this concern but nothing was done. Due to the anxiety caused to the Complainant lost concentration and could not get relief despite several odds. Complainant time to time paid Rs.2,300/- on 1.12.2014, Rs.3,000/- on 31.12.2014, Rs.12,300/- o n 31.1.2015, Rs.3,000/- on 2.3.2015, Rs.3,000/- on 11.3.2015, Rs.10,000/- on 6.6.2015, Rs.10,000/- on 7.7.2015, Rs.10,000/- on 4.8.2015, Rs.8,500/- on 4.9.2015 and Rs.6,500/- on 6.10.2015. Total being Rs.68,600/- which is annexure ‘D’. On many occasions Complainant requested OP to rectify the discrepancies. But the OP made a Demand notice of Rs.88,377.12 – Annexure ‘E’. Complainant replied to this and sent Advocate’s notice which is Annexure ‘F’. Since grievances were not settled, Complainant filed this case.
OP filed written version and denied the material allegations of the complaint. OPs have alleged that Complainant did not approach the Forum with clean hands. Further, allegations of OP is that Complainant made purchase for an amount of Rs.89,000/- on 14.2.2014 and requested to convert of Rs.66,928/- amount into EMI for 24 months in February, 2014. As per the request the amount was converted to EMI @ 14.5% interest and processing fee of Rs.750/- along with applicable Govt. Service Tax. Complainant raised the dispute in December, 2014 and on that basis, the EMI got for closed in February, 2015. The same neglected in account statements dt.11.2.2015. The most important terms and conditions of the Flexi Pay facilities is that the card holder can make request for cancellation of Flexi Pay by calling the SBI Card helpline. On receipt of the request, the outstanding Flexi Pay principal amount is moved back to SBI Card Holder Retail Advance and a cancellation fee of 3% post 45 days shall be levied on that. OP levied the Flexi Pay Scheme on Complainant request and cancelled that on his request. So, OPs have prayed for dismissal of this complaint.
Decision with reasons
Complainant filed affidavit-in-chief wherein he has reiterated the facts mentioned in the complaint petition against this OPs have filed questionnaire to which Complainant has filed affidavit-in-reply. Similarly, OPs filed affidavit-in-chief to which Complainant filed questionnaire and OPs have filed affidavit-in-reply.
Main point for determination is whether Complainant is entitled to the reliefs as prayed for.
First prayer of Complainant is a direction upon the OPs to issue statement of Account in details.
In this regard, we find that copy of the statement which Complainant received are on record. Complainant has not agitated any period of which he requires a statement in details. Complainant made purchase in February, 2014 and made payment as appearing from Para 5 of the complaint petition that Complainant paid Rs.15,000/- on 22.2.2015 and Rs.9,000/- on 24.2.2015.
Further, it appears that Complainant used to receive the statement every month from the OP and so there does not appear any question for further direction upon the OPs to issue statement in details.
As such, we are of the view that Complainant’s prayer cannot be allowed.
Complainant has also prayed for compensation of Rs.2,00,000/- and litigation cost of Rs.20,000/-. No ground is mentioned as to why Complainant is entitled for compensation of Rs.2,00,000/-. Complainant has agitated that he consulted doctor due to the fact that OP issued erroneous statement and his grievance could not be resolved. But, surprisingly, Complainant did not make any prayer as to the amount which has been demanded in excess by the OP. If that would have been so, this Forum would have made a direction upon the OP to resolve the discrepancy. But, since that is missing, we are not in a position to provide any relief.
Hence ordered
CC/88/2017 and the same is dismissed on contest.
