Raj Kumar Shaw,

son of late Satya Narayan  Shaw,

18, Narasingha Bose Lane, P.O. Ramkrishnapur,

District –Howrah,

PIN – 711 101.------------------------------------------------------------------  COMPLAINANT.

-          Versus   -

1.         S.B.I. Cards & Payment Service Pvt. Ltd.,

            D.L.F. Infinity Tower – C,

            12^th floor, Block – 2,

            Building – 3 DLF  Cybar City,

            Gurgaon – 122002.

            Haryana.

2.         SBI Cards & Payment Services Pvt. Ltd.,

            having its registered office at

            State Bank House, 11, Parliament Street,

            New Delhi,

            PIN – 110001.

3.         S.B.I. Card,

            having its office at

            S.M.C. Fortune,

234/3/A, A.J.C. Bose Road, ( 3^rd floor ) near Minto Park,

            Kolkota – 20..-------------------------------------------------------OPPOSITE PARTIES.

                                                P   R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

Member       :     Smt. Jhumki Saha.

                                                 F  I   N   A    L       O   R   D    E     R

1.                  Complainant, Raj Kumar Shaw,  by filing a petition U/S 12 of the C .P. Act,

1986 ( as amended up to date ) has prayed for a direction to be given upon the o.ps. not to demand an amount of Rs. 25,712.20, to close the S.B.I. Credit Card bearing no. 000431751750-750-23847, to pay an amount of  Rs 50,000/- as compensation and Rs. 1,000/- as litigation cost along with other order or orders as the Forum may deem fit and proper.

2.                   Brief facts of the case is that complainant took a credit card duly issued by

O.Ps. for which O.Ps also issued one draft for an amount of Rs. 5,000/- in favour of the complainant on 13-11-2006. Complainant encashed the said draft on 23-11-2006 vide bank statement dated 23-11-2006 bearing A/c  no. 4553 held with Dena Bank, Howrah branch. For the first time, he started making payment to the O.Ps. on 10-01-2007 through a cheque being no. 388697 for an amount of Rs. 545/- which was debited from his account on 18-01-2007.  Thereafter  again he paid an amount of Rs. 545/- on 10-03-2007 through cheque no. 391094 which was received by O.Ps. on 14-03-2007 vide bank statement dated 18-01-2007 & 14-03-2007. At this time one collection agent of O.Ps. namely Kaushik Halder advised him to make the payment of entire dues at a time which would enable the complainant to get some amount to be reversed and to get no due certificate. And after consultation with O.Ps., that collection agent informed the complainant that he had to pay Rs. 7,610/- in total with an application for  closure in respect of his credit card for which he would get Rs. 2,990/- reversed. And the complainant also paid the amount of  Rs. 4,620/- through a cheque being no. 391097 dated 02-06-2007 which was cleared  on 06-06-2007 in favour of O.Ps. So O.Ps. received a total amount of  Rs. 5,710/- (  Rs. 4,620 + Rs. 545 + Rs. 545 ) from the complainant. And the said collection agent  also assured him that very shortly he would get no due certificate. But again on instruction of O.Ps., he paid Rs. 200/- through a cheque being no. 397498 dated 06-10-2007 to obtain that NOC. But O.Ps. never issued such NOC and all on a sudden on 06-07-2008, O.Ps. sent one lawyer’s notice vide annexure demanding an amount of Rs. 8,901.33p. instead of sending NOC. It is alleged by the complainant that after paying that final amount, he never used the said credit card, so there is no question of demanding such an arbitrary amount by the O.Ps. from him. On 18-11-2008, complainant sent reply through his lawyer to that lawyer’s notice of O.Ps. annexure lawyer’s notice dated 18-11-2008. And it is further   alleged that since 18-11-2008, O.Ps. never informed him the ATM PIN Number. Thereafter, complainant received many demand notices from O.Ps. on 07-07-2010, 26-07-2010, 02-09-2010, 15-11-2011 and lastly on 02-09-2012 demanding an amount of Rs. 25,712.20 p. vide annexure which is totally illegal and arbitrary. Being frustrated and finding no other alternative, complainant has filed this instant petition praying for aforesaid relief.

3.                  Notices were served. O.ps. appeared and filed written version. Accordingly,

the case was heard on contest.

4.                  Upon pleadings of both parties two points arose for determination :

i)          Is there any deficiency in service on the part of the O.Ps.  ?

ii)                  Whether the complainant is  entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

5.                  Both the points are  taken up together for consideration.  We have carefully

gone through the written version filed by O.P.  and noted its contents. Complainant also filed affidavit-in-chief in support of his complaint / petition and reply to the questionnaire filed by O.Ps. In the entire written version, O.Ps. have made a simple denial of the contentions made out by the complainant without any specific denial. O.Ps. have not annexed any detail statement of accounts wherefrom we can justify the demands of O.Ps. for an amount of Rs. 25,712.20 p. All the time,  O.Ps. sent a demand notice to the complainant without giving any expenditure details. Even O.Ps. are silent in their written version about the complainant’s allegation that he was not informed about the A.T.M. PIN Number. It is well known to everybody that without the PIN no. ATM Card cannot be used vide reply no. 4 & 6, complainant categorically stated that he had not used the credit card in question.  When O.Ps. have demanded an outstanding amount, they are responsible to furnish all details of such demanded amount. It is not fair to ask for any amount only by sending a lawyer’s notice or demand notice. One has to substantiate his/her claim. Otherwise, such claim becomes an arbitrary and whimsical action on his part, which is totally unfair and unethical. O.Ps. issued one draft for an amount of Rs. 5,000/- on 13-11-2006 for which they received Rs. 5,910/- in total by 06-10-2007. O.Ps. should not have harassed the complainant in such way. O.Ps. are running their business as a service provider and consumer satisfaction should have been their ultimate motive. Instead of that, O.Ps.’ arbitrary action caused severe mental agony to the complainant since 06-1-2007 till date which is required to be stopped at once.

       Accordingly, O.Ps. are found to be deficient in providing service and the instant case succeeds on merit against O.Ps. with cost.

Points under consideration are accordingly decided.

      Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No. 174  of 2012 ( HDF 174  of 2012 )  be  allowed on contest with  costs  against  the O.Ps. 

      That the  O.Ps. are jointly and severally directed not  to demand Rs. 25,712.20 p. or any further amount from the complainant in future from the date of this order.  

      That the o.ps. are further directed to pay an amount of Rs. 3,000/-  as compensation and Rs. 1,000/- as litigation costs to the complainant within one month from the date of this order i.d., the entire amount of Rs. 4,000/- shall carry an interest @ 10% till actual payment.

      The O.Ps. are also directed to cancel the credit card bearing no. 00043175750750 w.e.f. 06-10-2007 and to issue no DUE CERTIFICATE in favour of the complainant with respect to the above mentioned credit card within one month from this order.  

      The complainant is at liberty to put the decree into execution after expiry of the appeal period.

      Supply the copies of the order to the parties, as per rule.            

DICTATED  &    CORRECTED

BY   ME.  

      (  Jhumki Saha  )                                                                  

  Member, C.D.R.F.,Howrah.

 ( Jhumki Saha )                         ( P. K. Chatterjee )                (T.K. Bhattacharya  )

 Member,                                     Member,                                President,

 C.D.R.F.,Howrah.                     C.D.R.F.,Howrah.                 C.D.R.F.,Howrah                                      

                                          .