Tamil Nadu

South Chennai

CC/450/2017

Yoganadhan - Complainant(s)

Versus

SBI Card Rep by Branch Manager - Opp.Party(s)

Party in Person

30 May 2022

ORDER

Date of Complaint Filed : 13.02.2017

Date of Reservation      : 06.05.2022

Date of Order               : 30.05.2022

                                                 DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

PRESENT:    TMT. B. JIJAA, M.L.,                                                 : PRESIDENT

                        THIRU. T.R. SIVAKUMHAR, B.A., B.L.,                :  MEMBER  I 

                      THIRU. S. NANDAGOPALAN., B.Sc., MBA.,          : MEMBER II

CONSUMER COMPLAINT No. 450/2017

MONDAY, THE 30^th DAY OF MAY 2022

J.Yoganandan, aged about 67 years,

No.1A, Chakrapani Road, 1^st Floor, Guindy,

Chennai – 600 032.                                                                                                              ... Complainant

..Versus..

SBI CARD,

Represented by Branch Manager,

10^th Floor, Angitio Park, 141, Kandanchavadi,

Rajeev Gandhi Road,

Chennai – 600 096.                                                                                                            ...  Opposite Party

******

Counsel for the Complainant          : Party in person

Counsel for the Opposite Party       : M/s. S. Namasivayam

        On perusal of records and after having heard the oral arguments of the Complainant who appeared party in person and having treated the Written Arguments of the Opposite Party as oral arguments, we delivered the following:

ORDER

Pronounced by the President Tmt. B. Jijaa, M.L.,

1.      The Complainant has filed this complaint as against the Opposite Party under section 12 of the Consumer Protection Act, 1986 and prays to reverse the amount of Rs.3495/- wrongly debited to his card account and to pay Rs.2,50,000/- towards mental agony, stress, tension, depression and pain sustained by the Complainant and to pay Rs.2,00,000/- towards deficiency in service and to pay Rs.20,000/- towards cost of legal expenses.

2.     The averments of Complaint in brief are as follows:-

        The Complainant was approached by the Marketing Personnel of SBI Card, who were employees of SBI Card, with a request to take the fbb SBI Credit Card. While applying for the credit card it was assured that the Annual Fee would be Rs.499/- p.a inclusive of Taxes and that the Free fbb coupon worth about Rs.500/- would be sent along with the Welcome Kit. Though he  received the Welcome Kit of SBI Card,  the Free fbb coupon for Rs.500/- was not sent along with the welcome kit.

As stipulated in the terms and conditions of the Styleup Contactless less Card Booklet the Complainant activated the card on 23.11.2016 by withdrawing cash of Rs.2000/- from SBI ATM Machine at Guindy, Chennai – 600 032. He also made the payment of Rs.574/-, being the Annual Fee charged (Exclu Tax Rs.74.85) instead of Rs.499/- with ST Debit for current statement of Rs.69.86, Total SBC Debit for current STMT of Rs.2.50 & Total KKC Debit for current STMT of Rs.2.49 against the promised Annual Fee of Rs.499/- at the time of filing up of application form, in the statement dated 17.11.2016. Even after the payments were made as above, the free and complimentary FBB voucher for Rs.500/- was never sent and so he sent an Email addressed to feedback @sbicard.com and complained about the non-receipt of free and complimentary FBB Voucher for Rs.500/- and followed the same with several reminders on 23.12.2016 and to nodal

“We wish to inform you that  FBB joining voucher of Rs.500/- would be issued within 30 days from the Annual Fee Payment.

We would like to inform that complete adjustment has not been done in your card annual fee due to purchase/transaction on the card hence we would request you to please make the payment of Rs.299/- on post receiving of that voucher would be issued”

But the free and complimentary FBB voucher for Rs.500/- was not sent till date. A pamphlet was enclosed with the welcome kit which stated that if the Complainant withdraws cash from ATM within 30 days of receipt of the card, an amount of Rs.100/- will be credited to the account.  In order to avail this benefit, the Complainant states that he withdrew cash from SBI ATM at State Bank of India, Guindy, Chennai – 600 032 and as it was Demonetization period and the ATM dispensed only Rs.2000/-, though he wanted to withdraw only Rs.500/-. However, to his shock, he received the card Monthly Statement for 17.12.2016 which reflected as follows in the statement instead of credit of Rs.100/-.

24.11.2016 SBI Cash fee (Excl. Tax 45.00)         300.00

17.11.2016 Fin Charge on Cash (Excl Tax 8.57)    57.12

Total St Debit for Current STMT                        50.00

Total SBC Debit for Current STMT                       1.79

Total KKC Debit for STMT                                          1.78

    The Complainant submit that he has taken up the matter with the

3.Written Version filed by the Opposite Party in brief is as follows:-

        The S.B.I Card No.4207 3990 6561 5816 was allotted in the name of Sri.J.Yoganandan on the basis Application submitted from the applicant by sourcing the K.Y.C documents. It is true to say that the Complainant has been promised with Annual fee of Rs.499/- and for issuing of the FBB Coupon. But the same is also true to say that as per the terms of the SBI FBB card, gift voucher would be sent to the Complainant’s registered mobile number within 30 days post receiving the payment of annual fees in the Complainant’s card. Here it is pertinent to mention that the Complainant has failed in making the payment of the Annual fee amount as per the Statement dated. 17.11.2016, as such the Gift Voucher of FBB Coupon couldn’t be delivered to the Complainant’s registered mobile number. It is true to say that the Complainant has made cash withdrawal of Rs.2000/- as per the monthly statement of 17.12.2016, and the same is also true to say that the Complainant has made the payment of Rs.574/- on 27.11.2016/- towards the total due outstanding amount of Rs.5962/-. The Complainant has failed to make any payment as against the due outstanding amount of Rs.574/- billed 17.11.2016 due to which the said welcome voucher e code was not delivered to his registered mobile numbered and the same is also informed to the Complainant through reply mail dated 23.12.2016. Further the total amount due payment of Rs.574/- made as per the statement dated 17.12.2016 towards the total due outstanding of Rs.5962/- is not fully adjusted with annual fee. Thus, welcome voucher e-code not delivered to his registered mobile number. The Complainant has requested for entering into full and final settlement of Rs.50,000/- on 26.09.2017 and paid accordingly which for his account got zeroized. The said fact of settlement is concealed by the complaint before this Hon’ble commission. The complaint is not maintainable in Law and is liable to be dismissed.

4.      The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents Ex.A-1 to Ex.A-6  were marked.   

The Opposite Party submitted his Proof Affidavit and Written Arguments. On the side of the Opposite Party documents Ex.B-1 to Ex.B-6  were marked.

5.    Points for Consideration

1. Whether there is deficiency in service on the part of the Opposite Party?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled to?

6.     Point No.1:-

        The undisputed facts are that, the Complainant has availed S.B.I Credit Card bearing No.4207 3990 6561 5816 from the Opposite Party who had promised to issue free fbb coupon worth Rs.500/- along with Welcome Kit, though on payment of Annual fee of Rs.499/- as contended by the Opposite Party.

        The relevant clauses of Ex.A-2, SBI Card i.e., STYLE UP Contactless Card Terms and Conditions are extracted hereunder.

“9. Customer will receive free welcome fbb Gift Voucher worth Rs.500/- after the payment of joining fee of Rs.499/- and activation of card within first 60 days of receiving the card.

19. After completion of one year, customer will have to pay the annual / renewal fee of Rs.499/-.”

        The terms and conditions as set out in the STYLE UP Contactless Card would reveal that on payment of joining fee of Rs.499/- and on activation of card the Complainant is entitled for the free FBB Coupon. Accordingly on 27.11.2016, the Complainant had paid a sum of Rs.499/- along with Rs.74/- as taxes totalling a sum of Rs.574/- to the Opposite Party. The Complainant had also activated the Card on 23.11.2016 by withdrawing the cash from the ATM of Opposite Party. The contention of the Opposite Party is that on payment of annual fees by the Complainant SBI FBB Card gift voucher would be sent to the Complainant’s registered mobile Number within 30 days post receiving the payment of annual fees. However the Complainant failed to make payment of the outstanding due of Rs.574/- for the bill dated 17.11.2016 and the sum of Rs.574/- paid as per the statement dated 17.12.2016 towards the total due of Rs.5962/- which is not fully adjusted with the annual fee. Thus the FBB Gift Voucher e-code was not sent to the registered mobile number, which was communicated by reply mail dated 23.12.2016, Ex.B-2.

        As regards the full and final settlement of Rs.50,000/- it is made by the Complainant to the Opposite Party towards settlement of total outstanding dues of the SBI Credit Card, which is different issue other than the issue at hand. A perusal of Ex.A-2 would reveal that the Complainant is entitled to receive free welcome FBB gift voucher worth Rs.500/- after payment of joining fee of Rs.499/- and activation of card which amount along with tax totalling Rs.574/- was paid by the Complainant on 27.11.2016 itself as per Ex.A5 and not against bill dated 17.12.2016 and also activated the Card by withdrawing cash of Rs.2000/- on 23.11.2016 from ATM, of the Opposite Party.

        Even after payment of the joining fee of Rs.499/- along with tax totalling Rs.574/- and activation of the credit card as contemplated under the terms and conditions of the SBI Credit Card and after several E-mail communications by the Complainant the Opposite Party has not come forward to issue the FBB Gift Voucher worth Rs.500/- as promised at the time of availing SBI Credit Card. Hence we find that the Opposite Party has committed deficiency in service on their part.

7.        Point Nos. 2 and 3:-

          We have discussed and decided that the Opposite Party has committed deficiency in service. Hence the Opposite Party shall pay a sum of Rs.20,000/- towards the deficiency in service committed against the Complainant and also for the mental agony caused to the Complainant along with cost of Rs.5000/-. Accordingly, Point Nos. 2 and 3 are answered.

          In the result this complaint is allowed in part. The Opposite Party is directed to pay a sum of Rs.20,000/- (Rupees Twenty Thousand Only) towards deficiency in service committed by the Opposite Party and also for the mental agony caused to the Complainant and a sum of Rs.5,000/- (Rupees Five Thousand Only) towards cost.

           The Opposite Party shall pay the above amounts within 8 weeks from the date of this order, failing which the Complainant is entitled to recover the same along with interest @ 9% per annum from the date of this order till realisation.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on  30^th day of May 2022.  

S. NANDAGOPALAN               T.R. SIVAKUMHAR                     B.JIJAA

         MEMBER II                       MEMBER I                        PRESIDENT

List of documents filed on the side of the Complainant:-

List of documents filed on the side of the Opposite Party:-

S. NANDAGOPALAN               T.R. SIVAKUMHAR                   B.JIJAA

         MEMBER II                       MEMBER I                         PRESIDENT