In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.  346 / 2008

1)           Sri Malay Kumar Mukherjee,

1, Banerjee Para Road, Kolkata-61.                        ---------- 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.                  ---------- Opposite Party

Present :           Sri S. K. Majumdar, President.

                        Sri T.K. Bhattachatya, Member.

Order No.     1 2       Dated  3 0 / 1 2 / 2 0 0 9.

Complainant Malay Kr. Mukherjee by filing a petition of complaint u/s 12 of he C.P. Act on 22.10.08 has prayed for issuing an order upon the o.p. for correction of mistake of Rs.7000/- appearing from the statement for May, 2005 in which the amount of rupees in the debit portion should be Rs.56,862/- instead of Rs.63,862/- and to relieve the complainant of consequently interest of Rs.7020/- which was erroneously charged from May, 2005 to February, 2008 for 34 months @ 2.95% per month on Rs.7000/- which was erroneously added in the statement and to adjust the principal amount of Rs.7000/- plus interest of Rs.7020/- with the amount of rs.8478.59 shown payable in the monthly statement for February, 2008 and to treat his SBI card as cancelled.

          Complainant is the holder of SBI card no.400661038062472. There was a mistake of Rs.7000/- in his card as shown in his prayer that total amount due as shown mistakenly in the statement was Rs.45,799.51 instead of Rs.38,799.51 and accordingly, he has prayed for correction of such mistake and issuance of statement of April, 2005 and October, 2005 and November, 2005. He sent several letters to the o.p. but they did not pay any heed to it, so he has filed this case against the o.p. with the aforesaid prayer.

Decision with reasons :

          It appears on perusal of the record that the case was admitted on 29.10.08 and 11.12.08 was fixed for S/R. It appears from order no.3 dt.11.12.08 that the o.p. received notice, but they did not appear and they were given opportunity to file w/v, but as the o.p. did not comply with the direction of the forum, the case was heard ex parte. It appears from the statement for the month of May, 2005 that the amount was shown as Rs.45,799.51 instead of Rs.38,799.51. Complainant has brought it to the notice of the o.p. by his letter dt.25.7.06 vide annex-B and he had also made prayer for necessary correction. We have also perused the reply of the o.p. against his letter dt.25.7.06 and in the instant letter annex-C o.p. has not contradicted or refuted the allegation of the complainant. In his letter dt.26.9.08 annex-D addressed to Ajoy Bharti, Asst. Vice President, Customer Service. Complainant has also prayed for correction of such mistake of statement and he has also ventilated all his grievances and also requested them to relieve him from excess payment of Rs.7000/- along with interest thereon.

          We have also perused the affidavit of examination-in-chief of the complainant dt.11.12.08 wherein he has stated all about the facts made in his petition of complaint and the evidence is corroborative in nature.

          Considering the facts, circumstances, evidence on record both oral and documentary there is nothing to disbelieve the unchallenged testimony of the complainant.

          Hence,

                   Ordered,

          That the petition of complaint is allowed ex parte with cost against the o.p. O.p. is directed to make necessary correction of the mistake of Rs.7000/- which was wrongly totalled as appearing from the statement of May, 2005 wherein in the debit portion Rs.56,862/- has been shown instead of Rs.63,862/-. Complainant is also relieved from payment of interest of Rs.7020/- which was erroneously charged from May, 2005 to February, 2008 @ 2.95% per month on Rs.7000/-. O.p. is also directed to adjust the principal amount of Rs.7000/- plus interest of Rs.7020/- making a grand total of Rs.14,020/- with the amount of rs.8478.59 shown payable in the monthly statement for February, 2008 as available from the affidavit dt.6.12.08 on 11.12.08 treating the said credit card referred to above as cancelled. Fees paid are correct.

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

        ____Sd-______                                                         ______Sd-_____

         MEMBER                                                                  PRESIDENT