IN THE DISTRICT CONSUMERS’ DISPUTES REDRESSAL FORUM AT MYSORE<br /> <br /> PRESENT: 1. Shri.D.Krishnappa<br /> B.A., L.L.B - President <br /> <br /> <br /> 2. Smt.Y.V.Uma Shenoi<br /> M.Sc., B.Ed., - Member<br /> <br /> 3. Shri. Shivakumar.J.<br /> B.A., L.L.B., - Member<br /> <br /> CC 312/08 DATED 11.12.2008<br /> <br /> ORDER<br /> <br /> Complainant Amarendrakumar Singh, S/o Babban Singh, Working in Central Institute of Indian Langauges, Hunsur Main Road, Mysore-06.<br /> (By Smt.M.S.Savithri., Advocate)<br /> <br /> Vs. <br /> Opposite Parties 1. The Customer Services, SBI Cards and Payment Services Pvt.Ltd., P.O.Box 28, GPO, New Delhi-110001.<br /> 2. SBI Card Collection Center, No.1774, 2nd Floor, 5th Cross, Aniketana Road, Kuvempunagar, Mysore-23.<br /> (EXPARTE)<br /> <br /> Nature of complaint : Deficiency in service<br /> Date of filing of complaint : 15.10.2008<br /> Date of appearance of O.P. : -<br /> Date of order : 11.12.2008<br /> Duration of Proceeding : -<br /> <br /> <br /> PRESIDENT <br /> <br /> <br /> <br /> MEMBER<br /> <br /> <br /> MEMBER<br /> <br /> Sri.D.Krishnappa,<br /> President<br /> <br /> 1. Brief facts of the complaint filed by the complainant against the opposite parties are, that, he is a customer of opposite parties having a SBI card and is making use of it for certain purchases. That he had not agreed for an insurance policy like Flexi pay and protect plus and that opposite parties had at no point of time asked him about issue of policies. But, he was shocked to see the account furnished by the opposite parties, wherein the opposite parties found to have been deducting certain amounts from his account towards the Flexi pay and protect plus policies. Then he approached the opposite parties against it, for which they promised to cancel the policies and reimburse the amount. Again in the statement of November 2007 first opposite party sent statement showing deduction of Rs.1,111.22 towards Flexi pay process fee and few other payments towards protect plus policy. Apart from that, they have also charged interest on those amounts. Then he sent a E-mail message, but the first opposite party did not take action as promised to cancel the policies. During November 2007 to June 2008 the first opposite party has deducted in all Rs.10,456.38 and thus has prayed for refund of that amount with interest at 18% and to award Rs.50,000/- towards deficiency of service and cost of Rs.2,000/-.<br /> 2. Considering the grievance of the complainant, we find that the transaction was between the complainant and the second opposite party, we issued notice of this complaint to the second opposite party, which is returned by the postal authorities as not claimed. Therefore, it is taken as deemed service called out the second opposite party who remained absent is set exparte.<br /> 3. The complainant in the course of enquiry into the complaint filed his affidavit evidence and produced statements of accounts sent by the second opposite party and copy of the legal notice he got issued to the second opposite party. Heard the counsel for the complainant and perused the records.<br /> 4. The complainant has come up with a specific grievance that he is having a credit card issued by the opposite parties and he is using it for making certain purchases and that he has not opted for any insurance scheme like Flexi pay and protect plus policies and that the second opposite party without his approval or consent recovered certain amounts towards those schemes by debiting the amounts to his account maintained with it. The complainant in proof of his grievance has produced account statement issued by the second opposite party for the month of November, December 2007 and from January 2008 to June 2008 and stated those deductions are made from his account by way of debit towards Flexi pay and protect plus insurance, which is a unilateral act and therefore attempted to say that it is an unfair trade practice followed by the opposite parties. The complainant also invited our attention to an E-mail sent to the opposite parties, in which he has specifically stated that deductions are made from his account without his consent, to look into the same and to reimburse the amount deducted. He also referred to another E-mail sent to the opposite parties on 01.05.2008 informing the opposite parties that deductions made from his account towards aforesaid policies is not fair on the part of the opposite parties and to stop the deductions. In response to these E-mails, the opposite parties sent reply on 08.05.2008 informing this complainant that Flexi pay plan has already been closed on his card account and thereby indicating that they will not deduct those amounts towards those policies. The complainant further on 04.07.2008 got issued a legal notice to the first opposite party bringing to his notice the unauthorized deductions made from his account to stop deductions immediately and to refund Rs.10,456.38, which has been unauthorisidely deduction from his account. It appears that the first opposite party did not even reply to that notice and it is stated by the complainant that the opposite parties have not refunded the amount that has been deducted from his account.<br /> 5. On perusal of the entire materials placed before us and the admission of opposite parties who wrote back to complainant assuring him of canceling the policies, which undoubtedly prove that these opposite parties unilaterally went on thrusting certain policies on the complainant without his consent and went on deducting certain amounts payable to those policies, which in our view is nothing but an unfair trade practice. Further, the claim of the complainant that the opposite parties by such an unauthorized act have debited a sum of Rs.10,456.38 from his account has not been denied and have also not come forward to refund that amount. Hence, we find no reasons to discard the case of the complainant and materials placed before us. As such, we accept the complaint and hold that the opposite party No.2 who is handling the account of the complainant has indulged in unfair trade practice and that deduction of certain amounts amounting to Rs.10,456.38 is illegal and the same is liable to be refunded to the complainant. With this, we pass the following order:- <br /> ORDER<br /> <br /> 1. The Complaint is allowed.<br /> 2. The second opposite party is directed to repay Rs.10,456.38 to the complainant within 30 days from the date of receipt of this order with interest at 12% p.a. from the date of this complaint till the date of payment.<br /> 3. The second opposite party shall also pay Rs.2,000/- to the complainant as damages for mental agony and hardship that is caused to the him within 30 days from the date of this order, failing which he shall pay interest at 5% p.a. from the date of this order till the date of payment.<br /> 4. The second opposite party shall also remit a sum of Rs.5,000/- to the Legal Aid Account of this Forum within 30 days from the date of this order, failing which he shall pay interest at 5% p.a. from the date of this order till the date of payment.<br /> 5. Lastly, the second opposite party shall also pay Rs.500/- to the complainant being the cost of this complaint.<br /> 6. Give a copy of this order to each party according to Rules.<br /> <br /> (Dictated to the Stenographer, transcribed by her, transcript revised by us and then pronounced in the open Forum on this the day 11th December 2008)<br /> <br /> <br /> <br /> <br /> <br /> (D.Krishnappa) <br /> President <br /> <br /> <br /> <br /> (Y.V.Uma Shenoi)<br /> Member<br /> <br /> <br /> <br /> (Shivakumar.J.)<br /> Member<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />