Complainant by filing this complaint has submitted that on 28.12.2011some one called the complainant saying confirmation call from SBI Card for sending special gift because of complainant’s good transaction with SBI Card for long time. But after a while from a message of SBI Card it was found that Rs. 6,999/- was deducted from complainant’s account. Then immediately he contacted Customer Care of SBI Card and lodged one complaint to refund his money back to his account and as per their advice the Credit Card was blocked immediately on 28.12.2011 and process for new card and the disputed amount of Rs. 6,999/- is paid to SBI Card on 24.01.2012. One dispute form was down loaded from web site and filled in and scanned it and sent the same to feedback on 09.01.2012.
In the meantime complainant came to know that M/s Cache Mercantile Pvt. Ltd. company made this fraud and on 17.01.2012 complainant received one mail that complain was already received and was under process. Thereafter on every week he contacted to customer care of SBI Card for progress of his complain and every time complainant was told that the case is under investigation and it required 75 days for completion.
But ultimately on 21.04.2012 complainant received one E-mail from SBI Card Chargeback Department to send them a copy of duly signed and filled dispute form and on 23.04.2012 complainant received another E-mail from SBI Card i.e. Sangeeta Ahuja, Manager to send copy of POD and dispute form and on 26.04.2012 Miss Sangeeta Ahuja, Manager – Chargeback from SBI Card called the complainant and told to return the parcel to M/s Cache Mercantile Pvt. Ltd. through courier service only and write to that company with scan copy of courier slip i.e. POD to refund the money and also scan copy of the slip and old dispute form to send to Chargeback.
On 30.04.2012/01.05.2012 complainant did the same and he was advised and acknowledgement of the same by SBI Card be also enclosed. Subsequently on 08.05.2012 he received one E-mail from SBI Card chargeback Department as acceptance of the above and when complainant contacted to customer care/SBI Card for progress of complaint and the time required for finalization when complainant was told it required another 40 days to finalise but it crossed 60 days and more. During this period complainant used the card and paid accordingly but complainant started to pay his monthly dues deducting the disputed amount of Rs. 6,999/- on and from 21.06.2012.
On 23.05.2012 and 24.05.2012 E-mail was received from SBI Card mentioning that they closed the case as the time frame within which the action could be initiated on a transaction is within 60 days of the transaction, whereas the above mentioned complaint is made on 28.12.2011. After that he contacted many times over phone and by E-mail for the solution but in vain. So far good relation with SBI Card complainant proposed that either arrange the parcel which complainant returned to M/s Cache Mercentile Pvt. Ltd. or refund the amount as was promised by SBI Card office and now the complainant’s question is if the rule of 60 days sometimes it is written 70 days what is the actual rule.
It is further submitted that he was told to return the parcel of M/s Cache Mercantile Pvt. Ltd. and write to that company with scan copy of courier slip to refund the money and also scan copy of the slip and old dispute form on 09.01.2012 to send to chargeback after a gap of about 115 days. He was told that investigation was under process and required minimum 75 days from the date of transaction.
So, it is clear that there is some racket with SBI Card staff and M/s Cache Mercantile Pvt. Ltd. and intentionally they played this drama to cheat the complainant and under the circumstances complainant was bound to deduct the disputed amount of Rs. 6,999/- from SBI Card account and informed and every day ops are threatening the complainant over phone and order the complainant to pay immediately. In the circumstances complainant requested the Chief Manager/Cross Selling, State Bank of India, Kolkata-700001 twice on 28.01.2013 and 06.03.2014 to enquire the case and collect the money from the person who had tied up with M/s. Mercentile Pvt. Ltd. to cheat the complainant and practically withdraw all the charges against the complainant to continue the relation with SBI Card but nothing is changed. Considering the above situation and fraudulent act of the ops, complainant has prayed for relief and other redressal.
On the other hand op by filing written statement submitted that the SBI Cards and Payment Services Pvt. Ltd. are two different legal entities and it is further submitted that the entire complaint is distorted, misconceived and misrepresentative one. It is specifically mentioned that op cannot held liable in any way for the transaction committed by the complainant and the op no.2 as the transaction could not be completed without relevant information of his credit card given by the complainant to the op no.2 over the telephone. But it has been admitted by the complainant that he was confused and misguided by the op no.2 for making the transaction from his credit card as evident from E-mail dated 09.01.2012 sent by the complainant.
Fact remains in order to complete the investigation on the disputed transaction, on 21.04.2012 op no.1 communicated to the complainant to provide the requisite documents to search out the investigation so that the issue could be addressed. Again on 23.04.2012 op company asked to provide the requisite details to carry on investigation and help the complainant. It is pertinent to mention here that there is a time-frame of 60 days from the date of disputed transaction within which only the op can act to resolve the issues of disputed transaction. But despite E-mails and reminders complainant failed to provide the requisite details to carry on investigation.
Fact remains the dispute form as filled up and submitted by the complainant was incomplete and op had no role to play in the transaction as committed by the complainant. Further Op Company stated that there was no relation between the op company and the op no.2 being M/s Cache Mercantile Pvt. Ltd. and fact remains SBI Card has got no connection with the said op company no.2 M/s Cache Mercantile Pvt. Ltd. as the said M/s. Cache Mercantile Pvt. Ltd. is a different legal entity from the op no.1 i.e. SBI Cards and Payment Services Pvt. Ltd. there is no agreement in between op no.1 and op no.2 by any means.
It is admitted fact that op no.1received a complaint on 09.01.2012 disputed the transaction made by himwith Cache Mercantile Pvt. Ltd. Mumbai amounting to Rs.6,999/- Since the said transaction was a secured one op no.1 required certain documents from the complainant for taking up the issue with the Merchant and the said matter was duly communicated to the complainant. It is to be mentioned here that Op Company can only act over such matter over a stipulated time frame within 60 days from the date of disputed transaction and provide the requisite documents as required for carrying out the investigation. But complainant never produced such documents to the op no.1 to carry out their investigation within the stipulated time frame and after not receiving any such documents the op no.1 had no option but to close the said matter mentioned abovfe and the said matter was duly communicated to the complainant vide letter dated 26.04.2014 informing that the merchant bank is not able to confirm the credit for the transaction and further op no.1 has denied all the allegations made against them and prayed for dismissal of this case on the ground that there is no negligence and deficiency on the part of the op.
But anyhow op no.2 even after received the notice but no answer or did not take any step. So, considering the fact, the matter was ultimately heard for final decision.
Decision with reasons
On proper consideration of the complaint and written version of op no.1 and further considering the fact that complainant has admitted that by IVR System people of M/s. Cache Mercantile Pvt. Ltd. confused and misguided him and used Rs. 6,999/- without his consent and in fact complainant has admitted that he came to know that M/s. Cache Mercantile Pvt. Ltd. is a company who made this fraud and invariably complainant talked with that company’s agent etc. and might be they arranged to deduct Rs. 6,999/- but in this regard apparently the laches and negligence on the part of the op no.1 is not proved.
But truth is that against that amount, complainant received a parcel from his neighbor which was delivered by one courier company to him and the parcel was returned to M/s. Cache Mercantile Pvt. Ltd. but Rs. 6,999/- has not been returned and deposited it to the SBI Card account of the complainant and truth is that on 20.03.2014, complainant lodged a complaint to op no.2 but they did not respond.
But fact remains that it was transaction dated 28.12.2011 at Cache Mercantile Pvt. Ltd. for Rs. 6,999/- against the complainant’s consent. So it is clear that against that amount complainant received a parcel and invariably that deceitful manner of practice was practiced by op no.2 and truth is that complainant has returned the said parcel to the op no.2 and they received but did not refund the said amount. So, it is clear that it is the liability of the op no.2 to refund the same and in the present case it is the liability of the op no.2 to refund the same or credit the same to SBI Credit Card of the complainant. But the whole case against op no.1 is not proved but against op no.2 it is proved. But it is also proved that the said company with ulterior motive taking chance of their daily trade adopted such procedure and somehow managed to transact the said card and deducted Rs. 6,999/- which is no doubt unfair trade practice on the part of the op no.2 for which the complainant is entitled to get back the amount from the op no.2 along with cost and compensation for suffering mental pain and agony and further for deceitful manner of trade by the op no.2.
In the result the complaint succeeds against op no.2 but fails against op no.1.
Hence, it is
ORDERED
That the complaint be and the same is dismissed on contest without cost against op no.1 but same is allowed exparte against op no.2 with cost of Rs. 10,000/-.
Op no.2 is hereby directed to refund Rs. 6,999/- which has been already encashed by the op no.2 against such vexatious transaction and op no.2 shall have to pay further sum of Rs. 10,000/- for causing mental pain and agony and also for adopting deceitful manner of trade with the complainant by tele trade system.
Op no.2 is directed to pay the entire decretal amount of Rs. 26,999/- within one month from the date of this order failing which for disobeyance and non-compliance of Forum’s order op no.2 shall have to pay penal interest at the rate Rs. 200/- per day and same shall be deposited to this Forum if it is collected.
Op no.2 is further directed to comply the order very strictly within stipulated time failing which penal action shall be started against them u/s 27 of C.P. Act 1986 and further penalty and fine may be imposed.
