DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No. 633/2007
Dr. Pradeep Sharma
S/o J.K. Sharma
R/o 2/51, Roop Nagar
Delhi - 110007 ….Complainant
Versus
Vice President
Credit Card Division
SBI Cards & Payment Services Pvt. Ltd.
State Bank India
Local Head Office:
11, Parliament Street
New Delhi – 110001 ….Opposite Party
Date of Institution : 28.05.07 Date of Order : 22.08.16
Coram:
Sh. N.K. Goel, President
S.S. Fonia, Member
O R D E R
At the outset we point out that the complaint has neither been signed by the complainant nor by any other person on his behalf and, therefore, this is no complaint by the eyes of law as prescribed in the Consumer Protection Act. The complaint is liable to be dismissed on this ground alone. However, we do not want to dismiss the complaint on this ground since the matter has been going on before the Forum since 2007. Hence, we proceed to decide it on merit.
According to the complainant, he had taken credit card bearing No. 0004317575015249569 from the OP; that he made the last purchase from the said credit card and made the payment of Rs. 2097/- vide cheque No. 755883, Indian Overseas Bank, Roop Nagar, Delhi Branch through authorized representative of OP who also issued a cheque collection receipt No. 3513782 dated 28.10.2005. It is stated that on the very same day the complainant got the said credit card cancelled from the OP which was also confirmed by a Manager rank officer of the OP. However, in the third week of August 2006, the complainant received a notice/invitation letter issued from the advocates of the OP whereby he was directed to make the payment of Rs.10,942/-. The complainant through his lawyer sent a reply-cum-notice to the OP. Instead of receiving any reply from the OP the complainant started getting threatening calls from the side of the OP to pay the said amount. Hence, pleading deficiency in service and unfair trade practice on the part of the OP, the complainant has filed the present complaint with the following prayers:
“A) to waive the amount as raised/demanded by the opposite parties from time to time on account credit card bearing No. 0004317575015249569;
- to direct the opposite parties not to make the unnecessary calls, sending their agents/men regarding the aforesaid alleged illegal payment due on the complainant;
- to direct the opposite parties not to make any further demand till the pendency of the present complaint before this Hon’ble Forum;
- to direct the opposite parties to pay a compensation of Rs. 2,00,000/- as a mental agony, for the deficiency in service on the part of the opposite parties as well as adopting the unfair trade practice;
- to direct the opposite parties to pay the cost of litigation of Rs. 30,000.”
OP in the written statement has inter-alia pleaded that as per the monthly statement dated 17.10.2005 issued by the OP to the complainant with respect to the purchases made by the latter and other charges an amount of Rs. 7134.40p was due for payment on or before 6.11.2005 out of which the complainant paid only Rs. 2097/- and did not pay the full amount. Thereafter, the said amount went on increasing with the usual charges which were shown in the bill/statement of every month dispatched to the complainant but to no effect. It is stated that according to the monthly statement dated 17.7.07, the complainant is still liable to pay Rs. 15876.86p to the OP. Denying any deficiency on its part, the OP has prayed for dismissal of the complaint.
Complainant has filed rejoinder to the written statement.
Complainant has filed his own affidavit in evidence. He has not relied on any documents. On the other hand, affidavit of Sh. Sheel Ratna Sinha, Manager (legal) of the OP has been filed in evidence and he has relied on copies of the monthly statements dated 17.10.05, 17.11.05 and 17.7.07 as Ex. I/A, I/B & I/C respectively. Reply of the OP has been marked as EX. I/D.
Written arguments have been filed on behalf of the parties.
None has appeared on behalf of the parties to advance arguments despite opportunities given in this behalf. We have gone through the file very carefully.
As per statement of account dated 17.10.05 marked as Annexure. A and not Ex. A/I, the amount of Rs. 7134.41p was due to be paid by the complainant. An amount of Rs. 2907/- vide cheque dated 28.10.05 was paid by the complainant to the OP and we must say that this fact is not in dispute.
Now, the complainant has not led any evidence to prove that he had, infact, cancelled the credit card or had cleared all the outstanding dues of the OP. In the statement of account dated 17.10.05 Annex. I/B and not Ex. A/2, the amount of Rs. 5258.29p has been shown as the balance amount to be paid by the complainant to the OP. Copy of the statement of account dated 17.7.2007 (Annex. C and not Ex. A/3) has shown the outstanding amount towards the complainant as Rs. 15876.86p. Therefore, in our considered opinion, the complainant has miserably failed to prove any deficiency in service or unfair trade practice on the part of the OP.
In view of the above discussion, we do not find any merit in the complaint and dismiss it with no order as to costs.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 22.8.2016
(S.S. FONIA) (N.K. GOEL) MEMBER PRESIDENT
Case No. 633/07
22.8.2016
Present – None.
Vide our separate order of even date pronounced, the complaint is dismissed. Let the file be consigned to record room.
(S.S. FONIA) (N.K. GOEL) MEMBER PRESIDENT
