West Bengal

Kolkata-I(North)

CC/211/2008

Sri Tarun Kanta Ray - Complainant(s)

Versus

S.B.I. Cards & Payments Services Pvt. Ltd. and another - Opp.Party(s)

18 Aug 2008

ORDER

Consumer Disputes Redressal Commission, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Complaint Case No. CC/211/2008
( Date of Filing : 26 Jun 2008 )
 
1. Sri Tarun Kanta Ray
8/9, N. C. Choudhury, P.S. - Kasba, Kolkata - 700042.
...........Complainant(s)
Versus
1. S.B.I. Cards & Payments Services Pvt. Ltd. and another
SLF Infinity Towers, Tower - C, 12th Floor, Block-2, Building-3, DLF Cybercity, Gugaon-122002, Hariana, India.
2. S.B.I. Cards & Payments Services Pvt. Ltd.
FMC Fortuna Building, 234/3A, A.J.C. Bose Road, P.S. - Bhawanipur, Kolkata - 700020.
............Opp.Party(s)
 
BEFORE: 
 
PRESENT:
 
Dated : 18 Aug 2008
Final Order / Judgement

            Petitioner is present. None appears on behalf of o.p. Matter is taken up for ex parte hearing. Heard petitioner in person perused the complaint.

            In this case petitioner has prayed for recalling the letter dt.12.5.08, annex-C claiming an amount Rs.2998.76 and other consequential relief alleging deficiency in service on the part of the o.p.

            Notices of this case have been duly served upon the o.ps. but they did not turn up to contest the case by filing w/v.

            It is alleged in the petitioner of complaint that pettioner and his wife are consumer in respect of credit cards issued by o.p. being nos. 4006661104263889 and 4006661104263897 respectively. The later card is the supplementary card of the earlier card. Petitioner was regular pay master of dues shown in the monthly statement by the o.p. and there was no dues payable upto December 206. O,.ps. did not sent regularly the statement of account regarding usage of the card since October 2005. In spite of repeated requests by the petitioner to send the statement through e-mail to avoid postal delay the o.p. did not pay heed to it. On 18.4.07 petitioner purchased some commodities am9ounting Rs.1280/-. O.p. did not sent any statement of account from April 207 till 15.5.07 although the petitioner requested over telephone repeatedly the o.p. instead they sent representative without any authority to collect minimum amount of Rs.200/- on 28.5.07 as if the petitioner was a defaulter. Petitioner deposited the amount Rs.1280/- through the supplementary card by cheque no.026411 dt.28.5.07. O.p. did not sent any acknowledgement with reference to the cheque and surrendered of cards. On the other hand they demanded Rs.2998.76 vide letter dt.12.5.08, annex-C without disclosing any particulars of such earlier. Thereby petitioner has been compelled to move this forum for above relief alleging deficiency in service on the part of the o.p.

            It is evident from the allegation of the petitioner that o.p. did not sent he regular statement of the credit card held by the petitioner nor they sent acknowledgement of payment made on 28.5.07 and surrendered of the cards on the same date. It is further evident that there was no laches or negligence on the part of the petitioner in clearing the dues with reference to the credit cards issued by the o.p. But the o.p. arbitrarily and with some ulterior motive sent representative to collect the money from the petitioner as if petitioner was a defaulter for making payment in connection with the credit cards held by them. The facts which is appearing from the allegation that o.ps. did not render the service to the consumer/petitioner which was obligatory on their part rather they sent representative to collect illegal money from the petitioner. The allegation or contention of the petitioner is unchallenged. There is no evidence on record contrary to the statement made by the petitioner and thereby the consumer complaint succeeds and the petitioner is entitled to relief in terms of the prayer and it is awarded in the following terms.

            O.ps. are directed to recall the letter dt.12.5.08 claiming Rs.2998.76. O.ps. are also directed to pay compensation Rs.1000/- (Rupees one thousand) only and litigation cost Rs.500/- (Rupees five hundred) only within two months from date, failing which it will carry an interest @ 8% p.a. till realization.

            Let copy of this order be supplied to the parties free of cost.

 

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.