In the Court of the Consumer Disputes Redressal Forum, Unit -I, Kolkata, 8B, Nelie Sengupta Sarani, Kolkata-700087. CDF/Unit-I/Case No. 231 / 2008 1) Sri Santosh Bhattacharya, 1/A/2, Chandra Kumar Banerjee Lane, Howrah-711102. ---------- Complainant ---Verses--- 1) S B I Card Officer, S B I Cards & Payment Services Pvt. Ltd., 234/3A, A.J.C. Bose Road, Kolkata-20. 2) S B I Card Officer, S B I Cards & Payment Services Pvt. Ltd., 11, Parliament Street, New Delhi-110001. ---------- Opposite Party Present : Sri S. K. Majumdar, President. Sri T.K. Bhattachatya, Member Order No. 1 7 Dated 0 8 / 0 1 / 2 0 1 0 . Complainant Santosh Bhattacharyya by filing a Petition of Complaint under Section 12 of Consumer Protection Act on 16.07.2008 has prayed for issuing direction upon the O.Ps not to give any effect and/or further effecting and/or withdraw and/or cancel and/or rescind the fictitious bill in respect of any transaction with ICICI Bank Ltd., Howrah in the name of Sayak Bhattacharyya and to issue a fresh Primary Card in the name of Mr. S. Bhattacharyya and an additional card in the name of Mr. Sayak Bhattacharyya and to pay compensation of Rs. 1 lac for non-issuance of fresh Primary Card in the name of Sayak Bhattacharyya and any further Order as the Forum may deem fit and proper. The fact of the case, in short, is that two Cards were issued by the O.P. NO. 1 in the name of the Complainant being Card No. 4317-5752-0973-3998 and another in the name of his son Mr. Sayak Bhattacharyya as additional card being No. 4317-5752-0529-4417. The card of S. Bhattacharyya was lost on 02.10.2007 and it was informed to the O.Ps and the O.P. blocked the card of S. Bhattacharyya on 10.10.2007. But surprisingly, the Complainant received one letter on 20.11.2007 from the O.Ps demanding an outstanding amount of Rs. 58,814.20 and also received one monthly statement for the card bearing No. 4317-5752-0975-6353 showing one transaction for Sayak Bhattacharyya. Add-on Card No. 4317-5752-0975-6379 was made on 05.11.2007 to ICICI Bank, Howrah. In a letter dated 26.11.2007 the O.Ps informed that they had made arrangements to re-issue Primary Card in the name of the Complainant and additional card in the name of Sayak Bhattacharyya and they will receive them very shortly. But when those cards were not receivced by the Complainant till 26.11.2007 the Complainant raised objection not to issue any additional card, but the O.Ps on 22.12.2007 sent another e-mail that the transaction was made by the additional card No. 4317-5752-0973-5084 and Complainant accordingly, raised objection and lodged complaint to Shibpur P.S. about the irregularities and harassment by the employees of the O.Ps. The Complainant has filed this case against the O.Ps with the aforesaid prayers.
DECISION WITH REASONS : It appears on perusal of the records vide Orer No. 4 dated 21.12.2008 that the O.Ps received a notice, but none appeared and so the case was to be heard ex-parte. Further, it appears on perusal of Order NO. 6 dated 09.02.2009 that the O.Ps prayed for vacating the ex-parte hearing and prayed for time to file W/v. Their prayer was allowed. Ex-parte hearing was vacated and 19.03.2009 was fixed for filing WV. But on 19.03.2009 when the O.Ps remained absent without any step the case is heard ex-parte. The Complainant informed the loss of additional SBI Card No. 4317-5752-0529-4417 of his son Sayak Bhattacharyya to the O.Ps by his letter dated 08.10.2007 vide Annexure-A wherein he has also informed that he had already contacted their helpline and one Mr. Danesh assured him that he will block the card and issue new additional card and charges for the same will be Rs. 110.00. We have also perused the reply of the O.Ps, viz., Manager, Customer Service on the subject of loss of the additional card wherein they have stated that on the request of the Complainant they have blocked Card No. 4317-5752-0529-4417 on October 10, 2007 vide Annexure-2. We have also perused the Statement of Credit Card No. 4317-5752-0973-3998. It appears from a letter through e-mail to SBI Credit Card drawing the attention of Manager, Customer Service dated 14.11.2007 of the Complainant wherein the Complainant has expressed his grievances that instead of sending an Add-on Card in the name of Sayak Bhattacharyya the O.Ps have sent one card bearing No. 4317-5752-0973-3998 in the name of S. Bhattacharyya and as a result his Prime Card bearing No. 4317-5752-0529-4409 became invalid and in view of this position he had requested them to take appropriate steps. In their letter dated 20.11.2007 Annexure-5 the O.Ps have charged an outstanding amount of Rs. 58,814.20 from the Complainant, and in another letter dated 26.11.2007 they O.Ps have also assured the Complainant that an Add-on Card will be sent to Sayak Bhattacharyya very shortly. From the Statement dated 05.11.2007 it appears that the outstanding claim of the O.Ps stands to Rs. 58,510.OO; and it appears from Annexure-8 wherein the Complainant has categorically stated that at the relevant time he was not holding any additional card and it appeared a mystery to him that why this type of fictitious bill was sent to him and as such he was not going to pay any amount for this fictitious bill. We also find total outstanding claim to the figure of Rs. 59,921.93 for Card No. 4317-5752-0975-6353 vide Annexure-9. In his letter dated 05.02.2008 Complainant has informed his grievances to Mr. Ajay Bharti, Assistant Vide-President, Customer Service, SBI Cards where in he has clearly stated that there was some mistake in the records of the O.Ps and further the signature in the ICICI Bank Bill is not the signature of his son and two signatures are different. We have also perused his grievances submitted to Public Grievances Cell, Lal Bazar dated 16.10.2008 wherein he has stated all about the facts and sending fictitious bill and charging fictitious amount by the O.Ps. And it also appears from Annexure-11(ii) wherein they have advised the Complainant to lodge a Petition of Complainant to the Police Station within his local jurisdiction. And his Petition of Complaint to Officer-in-Charge, Shibpur Police Station is Annexure-12. We have also perused the reply of Shri Ajay Bharti, Assistant Vice President, Customer Service, SBI Cards wherein he has stated that his case is under investigation and they will inform him very shortly about the final settlement. We have also perused the Lawyer’s letter of the Complainant regarding the fictitious billing and withdrawal and cancellation of the same, Annexure-15. It is not understood that when the Credit Card of Sayak Bhattacharyya was blocked on 10.10.2007, and more particularly, when the O.P. did not re-issue the said card till 26.11.2007, how further transaction took place on 05.11.2007 through Card No. 4317-5752-0975-6379. We have already said that admitting their letter dated 10.10.2007 & 26.11.2007 stating therein that the said Card of Sayak Bhatacharyya was not in operation the O.P. cannot claim any amount from the Complainant. So the bills sent during that period, not only presumably but also definitely, can be taken as fictitious bill and the alleged transaction as claimed by the O.Ps is malafide and the drawing of bill during the period in question is fictitious. Therefore, considering the facts and circumstances we are of the opinion that the Complainant is under no liability to pay any amount in the fictitious bills in question. We have also perused his Evidence on Oath and the contents of the same are corroborative in nature with regard to recitals made out in his Petition of Complaint. So, there is nothing to disbelieve the unchallenged testimony of the Complainant. Hence, ordered that the Petition of Complaint is allowed ex parte against the O.Ps and the O.P. Nos. 1 & 2 are directed not to draw and send fictitious bill in respect of any transaction with ICICI Bank, Howrah in the name of Sayak Bhattacharyya and to issue a fresh Primary Card in the name of S. Bhattacharyya and an additional card in the name of Mr. Sayak Bhattacharyya. O.Ps are also directed to give compensation of Rs. 10,000.00 (Rupees Ten Thousand) and litigation cost of Rs. 2,000.00 (Rupees Two Thousand) only within 45 days from the date of communication of this Order, failing which it will carry interest @ 10% per annum on the grand total of Rs. 12,000.00 (Rupees Twelve Thousand) only till full realization of the amount. ____Sd-_____ ____Sd-______ MEMBER PRESIDENT | 
