Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No. 426 / 2008

1)           Sri Jawahar Jaiswal,

17, Motiseal Street, Kolkata-13.                              ---------- Complainant

1)           M/s SBI Credit Cards & Payment Services Pvt. Ltd.

FMC Fortuna Building,

234/3A, A.J.C. Bose Road, Kolkata-20.

2)           M/s SBI Credit Cards & Payment Services Pvt. Ltd.,

3, DLF Cyber City, Gurgaon, Haryana-122002.

3)           M/s State Bank of India,

          1, Strand Road, Kolkata-700001.                         ---------- Opposite Party

Present :        Sri S. K. Majumdar, President.

                        Smt. Jhumki Saha, Member.

                        Sri T.K. Bhattacharya, Member

Complainant Sri Jawahar Jaiswal by filing a petition of complaint u/s 12 of the C.P. Act on 31.12.08 has prayed for issuing order upon the o.ps. to withdraw the bill for Rs.20,000/- and refund various charges imposed on him, pay compensation of Rs.25,000/- for deficiency of service and for further compensation of Rs.25,000/- for his harassment and mental agony and Rs.1000/- as litigation cost.

          Main grievance of the complainant is that he is a SBI credit card holder no.5264685315384279 in the year 2007 with credit facility of Rs.20,000/-. He was also granted a loan of Rs.48,000/- in the year 2008 apart from his credit limit of Rs.20,000/-. On various ground o.ps. have been charging amounts on different heads without his consent and the o.ps. issued a statement on 4.9.08 showing a transaction of Rs.20,000/- under the description the New Paramou Kolkata W.B.L. dt.19.8.08 in the name of R. Jaiswal bearing additional card no.5264685315384287. It is astonishing to note that he has no additional card bearing no.5264685315384287. He intimated the o.p. on 30.8.08 about such false and fabricated transaction and he also informed the matter to the police of New Market P.S. and lodged GD bearing no.42 dt.1.9.08. He never received any additional card either for himself or for any members of his family. So, the question of transaction in additional card does not arise at all. Accordingly, he took up the matter with the o.ps. and as they remain inactive and finding no other alternative he filed this case with the aforesaid prayer.

Decision with reasons :

          The petition of complaint was filed on 31.12.08. Notices were sent to the o.p. and as the o.p. did not appear the case is heard ex parte.

          Main points need be decided in this case are that whether the complainant had any additional credit card bearing no.5264685315384287 through which the transaction of Rs.20,000/- alleged to have been done by the o.ps. in terms of the statement dt.4.9.08 under the description the New Paramout Kolkata W.B.L. dt.19.8.08 by the present complainant.

          We have also said that the o.ps have not come to contest this case. So, there is no ground to disbelieve the unchallenged testimony of the complain ant to the extent that except the original SBI credit card no.5264685315384279 the complainant had any additional credit card bearing no.5264685315384287. This being the position the question of transaction of Rs.20,000/- reflected in the statement dt.4.9.08 under the description New Paramout Kolkata W.B.L. dt.19.8.08 in the name of complainant does not arise at all.

Further, it is stated that the said transaction in additional credit card was in the name of R. Jaiswal and not in the name of complainant. So, under no obligation complainant is required to pay for the alleged transaction through the additional card.

Complainant in his letter dt.13.10.08 has informed about it to Mr. Ajay Bharti, Assistant Vice President, Customer Services, wherein the complainant has ventilated all his grievances about the impugned transaction of Rs.20,000/-. He has informed about it to the Officer-in-charge, New Market P.S. particularly on the point of threatening over phone by the officials of o.ps. on the alleged transaction and he has also requested the police to enquire about the matter. New Market P.S. lodged a GD being no.42 dt.1.9.08. In their letter dt.28.11.08 addressed to the complainant, o.ps. have stated that they have intervened the matter with due diligence, but they are unable to resume liability for monitory loss in connection with the events as described by the complainant, say it in other words, they have admitted the loss incurred by the complainant for the said fraudulent transaction. They expressed their grave concern about it which is reflected in their letter dt.5.11.08 which runs as “we wish to inform you that we have already taken a note of your complaint regarding he disputed transaction of Rs.20,000/- dt.19.8.08 debited on your card account and the same is under investigation. We shall revert to you on the status of the same”. So it can be safely concluded that the o.ps. could not have denied the allegation of the complainant about the impugned transaction of Rs.20,000/-.

          We have also perused the affidavit of examination in chief of the complainant dt.30.6.09.

          Therefore, considering the facts, circumstances, evidence on record both oral and documentary there is nothing to disbelief the unchallenged testimony of the complainant and having due regard to the circumstances, we observe that there is unfair trade practice committed by the o.ps. with regard to debiting of Rs.20,000/- from the credit card of the complainant and we further hold that the complainant had no other addition al credit card. Accordingly, complainant is entitled to get the relief as ordered hereunder.

          That the petition of complaint is allowed ex parte. O.ps. are directed jointly and/or severally to withdraw the bill for transaction of Rs.20,000/- (Rupees twenty thousand) only and to refund the charges for the transaction of Rs.20,000/- (Rupees twenty thousand) only on the SBI credit card of the complainant. O.ps. are also jointly and/or severally directed to pay compensation of Rs.10,000/- (Rupees ten thousand) only and litigation cost of Rs.1000/- (Rupees one thousand) only to the complainant positively within forty five days from the date of communication of this order, failing which, it will carry interest @ 10% p.a. till full realization. Fees paid are correct.

          Supply certified copy of this order to the parties on payment of prescribed fees.