IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA

Monday the 28^th day of February, 2011

Filed on 24.10.2009

Present

1. Sri. Jimmy Korah (President)
2. Sri. K. Anirudhan (Member)
3. Smt. Shajitha Beevi (Member)

in

C.C.No.361/09

Between

Complainant:-                                                 `Opposite Parties:-

            Sri.Mohamed,                                     1.         State Bank of India, Ground Floor,

S/o V.H.Abu,                                                   B Wing, Sector-11, CBDB Belapur,

            Mavelil Veedu,                                                 Navi-Mumbai – 400021,

Vandanam.P.O,                                                Rep. by its Branch Manager,

Alappuzha.                                                       State Bank of India, Main Branch,

(By Adv.R.Rajendra Prasad)                            Beach Road, Alappuzha.

                                                            2.         The General Manager,

                                                                        SBI Cards & Payments Services Pvt.Ltd,

                                                                        State Bank House, Parliament Street

                                                                        New Delhi-110001.

3.         The Manager, SBI Cards & Payments Services Pvt.Ltd, Jesus Call Building, 1^st Floor No.72,

            Rajaji Salai, Chennai.

4.         The Branch Manager, SBI Cards & Payments Services Pvt.Ltd, 2^nd Floor, Chiramel Chambers, Kurusippally Road,

Ravipuram, Kochin

                                                                        5.         Ben P Paulose, Cash Collection Agent,

                                                                        SBI Cards & Payments Services Pvt.Ltd,

                                                                                    Jesus Call Building, 1^st Floor No.72,

Rajaji Salai, Chennai.

            (By Adv.C.Parameswaran)

O R D E R

SRI.JIMMY KORAH (PRESIDENT)

The complainant case is as follows: - The complainant is a functionary of Indian Railway. He availed a credit card from the opposite parties in 2006. The credit facility was limited to Rs.35000/-(Rupees thirty five thousand only). The complainant without fail, followed the terms and conditions with regard to the said credit card facility. However, the complainant surrendered the said credit card on 7^th January 2007 on payment of Rs.34000/-(Rupees thirty four thousand only) as full and final settlement, and the representative of the 3^rd opposite party issued the receipt for the same. Thereafter in 2009, the 2^nd opposite party sent a legal notice dated 17^th March 2009 to the complainant demanding Rs.67506.63/-(Rupees sixty seven thousand five hundred and six and sixty three paisa only) from the complainant. The complainant intimated the said opposite party the payment of the aforesaid Rs.34000/-(Rupees thirty four thousand only) vide reply notice dated 23^rd April 2009. Again on 27^th June 2009, the 5^th opposite party approached the complainant and demanded Rs.5700/-(Rupees five thousand seven hundred only) for full and final settlement. In the said compelling circumstance, to avoid unpleasant contingency if any, the complainant paid off the said amount vide a demand draft, and the receipt of the same and the settlement letter were issued to the complainant. Yet again, on 2^nd September 2009, the 3^rd opposite party, by post issued a statement to the complainant to the effect that Rs.74,279.07/- (Rupees seventy four thousand two hundred seventy nine and seven paise only) was due from the complainant. In the meantime, a notice as to Arbitration proceedings dated 19^th August 2009 was issued to the complainant. The complainant approached the 4^th opposite party and impressed upon him of the payments complainants effected. The response was discouraging rather agonizing. The complainant is not liable to pay any amount to the opposite party. The complainant is entitled to get back the last remitted Rs.5700/-(Rupees five thousand seven hundred only) from the opposite parties. The opposite parties caused mental harassment and physical inconvenience to the complainant. Got aggrieved on this the complainant approached this Forum for compensation and other relief.

1. On notice being sent, the 1^st opposite party turned up and filed version. The other opposite parties were not keen on appearing before this Forum, and were made Ex-partie. The crux of the contentions of the 1^st opposite party is that the 1^st opposite party and the SBI Cards & Payments Services Pvt.Ltd. which issued the credit card to the complainant are separate entities. As such the 1^st opposite party is not a necessary party to the complainant, the 1^st opposite party argues. The complainant is never a consumer of the 1^st opposite party. The 1^st opposite party was impleaded with a view to conquer the territorial jurisdiction of this Forum. The ploy of the complainant is to get around the looming Arbitration and recovery proceedings against him. The complainant is disentitled to any relief sought for. The complaint is only to be dismissed with cost to the opposite party. The complaint is only to be dismissed with cost to the 1^st opposite party, the said opposite party asserts.

2. The complainant evidence consists of the testimony of the complainant himself as PWl, and the documents Exbt Al to A9 were marked. On the side of the 1^st opposite party its manager was examined as RWl, and the documents Exbt Bl and B2 were marked.

3. Bearing in mind the contentions of the parties, the questions come up for consideration are:-

(a) Whether the complainant cleared off the amount due to the opposite arties?

(b) Whether the opposite parties received any additional amount than what was actually the complainant due to them?

(c) Compensation and cost if any?

5. The 1^st opposite party alone turned up and made it a point to counter the complainant case. The contention is that the 1^st opposite party and the other parties who have issued the credit card to the complainant are separate entities. The complainant is not a consumer to the opposite party. The attempt of the complainant is to surmount the looming Arbitration and other proceedings against the complainant. According to the 1^st opposite party, the complainant impleaded the 1^st opposite party in the instant case with the surreptitious intention of wangling the jurisdiction of this Forum. We zealously perused the materials placed on record by the 1^st opposite party. The counsel for the complainant took us through the testimony of RWl. RWl deposed that the emblems of the 1^st opposite party and the SBI Cards & Payments Services Pvt. Ltd. are one and the same. On a closer scrutiny it appears that the said opposite party has not taken any useful steps to bring home what it has fervently argued. Barring bare statements, no material is forthcoming to support the version of the 1^st opposite party. In this context, we are unable to accept the version advanced by the 1^st opposite party. It is worthy of notice that the 1^st opposite party does not touch upon crux of the complainant case that it has cleared off the due amount. As we have already observed, the other opposite parties, notwithstanding being summoned have not turned up nor have contended the complainant case. On the other hand, the complainant duly produced the payment receipts and other relevant documents issued by the concerned opposite parties. The complainant vehemently argued that without any basis the opposite parties were pestering him on demanding more amounts. The complainant was even compelled to remit Rs.5700/-(Rupees five thousand seven hundred only) unnecessarily. The complainant affirms that he suffered both monetary and mental woes. The complainant emphatically asserted that, all the said loss he sustained was due to the negligence and deficiency of service on the part of the opposite parties. As we have already observed, the opposite parties were neither keen on appearing before this Forum nor to rebut the evidence let in by the complainant. Needless to say the complainant's evidence stands unchallenged and we have no course open but to accept the evidence of the complainant. We have been coming across several such instances wherein the poor customers are being indiscriminately fleeced by the financial institutions and the same is being seriously taken note of.

In view of the facts and circumstance of the instant case, the opposite parties are directed to give back the complainant an amount of Rs.5700/-(Rupees five thousand seven hundred only) with an interest @ 12% per annum from the date of its remittance. The opposite parties are further directed to pay a compensation ofRs.15000/-(Rupees fifteen thousand only) to the complainant. . The opposite parties and their assets are jointly and severally liable for the said amount. The opposite parties shall comply with the order within 30days of date of this order.

Complaint stands disposed accordingly.  No order as to cost.

Pronounced in open Forum on this the 28^th day of February, 2011.      

                                                                                                Sd/-Sri. Jimmy Korah

Sd/-Sri. K. Anirudhan

Sd/-Smt. N. Shajitha Beevi 

Appendix:-

Evidence of the complainant:- 

PW1                -     V.A.Mohamed (Witness)

Ext. A1            -     The DD.No.7058616 dated 07.01.07 for an amount of Rs.34,000/-

Ext. A2            -     The Letter to the complainant dated 17.03.09

Ext. A3            -     The reply notice dated, 23.04.09

Ext. A4            -     The copy of the DD dated, 27.06.09 for an amount of Rs.5700/-

Ext. A5            -     The Receipt card No.13909636 dated, 29.06.09 for an amount of Rs.5700/-

Ext. A6            -     The certificate of the received amount Rs.5700/-

Ext. A7            -     The Monthly statement

Ext. A8            -     The Notice of the Intention to proceed Ex-parte dated, 19.08.09

Ext. A9            -     The copy of the letter issued by the complainant

 Evidence of the opposite parties:-

RW1                -     A.K.Saseendran(Witness)

Ext. B1 -     The copy of the State Bank of India Act 1995

Ext. B2 -     The copy of the Company Master details

// True Copy //

                                                                                 By Order

                                                                                   Senior Superintendent

To

            Complainant/Opposite Parties/S.F.

Typed by:- k.x/-      

Compared by:-