In the Court of the Consumer Disputes Redressal Forum, Unit -I, Kolkata, 8B, Nelie Sengupta Sarani, Kolkata-700087. CDF/Unit-I/Case No. 161 / 2007 1) Sri Tapan Kumar SInha, 8/A, Bipin Pal Road, Kolkata-26. ---------- Complainant ---Verses--- 1) S.B.I. Cards & Payment Services Pvt. Ltd., 234/3A, A.J.C. Bose Road, Kolkata-20. 2) S.B.I. Cards & Payment Services Pvt. Ltd., 11, Parliament Street, New Delhi-110001. ---------- Opposite Party Present : Sri S. K. Majumdar, President. Sri T.K. Bhattachatya, Member. Order No. 2 5 Dated 0 4 / 1 2 / 2 0 0 9 . 1. Instant case arises out of the petition of complaint of Sri Tapan Kumar Sinha of 8/A, Bipin Pal Road, Kolkata-26 u/s 12 of C.P. Act, 1986 filed on 21.5.07 against (1) SBI Cards and Payment Services Pvt. Ltd., 234/3A, A.J.C Bose Road, 3rd floor, F.M.C. Fortune Building, Kolkata-20 and (2) SBI Cards and Payments Services Pvt. Ltd., 11, Parliament Street, New Delhi-110001 with a prayer to (1) issue notice upon the o.ps. (2) direct the o.ps. to submit the statement of accounts relating to the credit card of the complainant to ascertain whether there was any actual dues or not, (3) award compensation amounting to Rs.50,000/- for harassment, mental agony and sufferings (4) pay cost and (5) pass such order or orders as deemed fit by the Forum. 2. Specific case is that on persuasion of the representatives of the o.p. agreed to become a credit card holder of o.p. Accordingly, on compliance of necessary formalities, the o.p. issued the SBI Card (Gold) bearing no.4006 6760 1491 3399. 3. On receipt of the said card, the complainant used to make the payment of outstanding dues in time as per bill raised by the o.p. from time to time and according to the complainant there was no dues against the said credit card. 4. But in spite of making all the payments, the o.p. has been going on issuing bills showing dues which had no basis, though the complainant requested the o.p. not to renew the credit card. The complainant also issued advocate’s notice to that effect, viz. dt.7.3.07 and 11.10.06 respectively (annex-A & B). 5. It is worth mentioning that in pursuant to the statement of o.p. dt.1.5.06 followed by subsequent statement of account dt.1.9.06, it appeared that a sum of Rs.1394/- plus had been lying outstanding dues to the o.p. (annex-B). 6. The complainant duly paid the aforesaid amount by cheque no.396552 dt.14.3.06 drawn on the Union Bank of India, Dharmatala Branch, Kolkata and thereby no further amount would have been lying outstanding to the o.p. (annex-B). 7. From the letter O.P addressed to the complainant dt.5.2.09 expressed unequivocally that SBI Card account of the complainant stood inactive and there was no outstanding dues payable to the o.ps. (annex - letter dt.5.2.09 of o.p. filed on 24.2.09 appended in amended petition of the complainant). 8. Because of the non-appearance of the o.p., ex parte hearing was ordered on 22.5.09 under order no.20 dt.22.5.09. 9. Decision with reasons : (a) Perused the pleadings, affidavit of examination-in-chief of the complainant and his amended petition and W.N.A. The record of documents showed that the complainant never failed to make payment of the outstanding dues. And from the letter dt.5.2.09 of o.p. it is clearly evident that there was no outstanding dues payable to the o.p. (annex – letter dt.5.2.09 of o.p. filed on 24.2.09 appended in amended petition of the complainant). (b) The o.p. has waived their right to controvert the allegations of the complainant by their non-appearance before the Forum. (c) The o.p. could not substantiate by any material evidence that the complainant took any loan. Hence, the ordered, that the o.p. is directed to (a) restrain from issuing notices to make payment of dues which was unwarranted, (b) pay compensation of Rs.10,000/- (Rupees ten thousand) only for undue harassment and mental agonies, (c) pay cost of litigation amounting to Rs.5000/- (Rupees five thousand) only. All the above amount should be paid within thirty days from the date of communication of this order and in default, the o.p. shall pay interest at the @ 10% p.a. on the aforesaid amount till ifs full recovery. Fees paid are correct. The case is thus disposed of from this Forum. Supply certified copy of this order to the parties on receipt of prescribed fees. _____Sd-_____ ______Sd-______ MEMBER PRESIDENT | 
