In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.  228 / 2008

1)           Naresh Shah,

3, Janakidas Lane, Kolkata-700007.                      ---------- Complainant

---Verses---

1)           SBI Card,

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 5      Dated 2 7 / 1 1 / 2 0 0 9 .

It is the specific allegation of the complainant that on the basis of a publication in the newspaper India Today of SBI Card for the declaration of prize of Rs.25 lakhs the complainant drew a prize lottery and his name was selected and accordingly SBI Card sent a draft no.301359 for prize amount of Rs.88,000/- on 28.7.07 in August,2008 along with a letter of congratulation. But two months after the o.p. SBI Card asked him to return the amount because out of mistake it was sent to the  complainant. They also asked him to return with monthly instalment. SBI Card should not call back the prize amount since their letter clearly spells out that it was prize amount. Moreover, there was no mention for returning the amount or interest. Accordingly, the complainant has filed this case and prays relief from this from.

Decision with reason :

          It appears on perusal of the record that the case was admitted on 16.2.08. notices were sent to the o.ps. but as the o.ps. did not appear the case was heard ex parte. The complainant also filed an amendment petition on 6.11.08 incorporating therein that the amount of prize was Rs.88,000/-.

          We have perused the publication of SBI Card announcing Rs.25 lakhs as prize draw and we have also perused the demand draft no.301359 dt.28.7.07 wherein the prize amount in favour of the complainant Naresh Shah is Rs.88,000/-. They have also sent him the congratulation letter.

          It is the main grievance of the complainant that even in spite of winning the prize to the extent of Rs.88,000/- and receipt of draft for Rs.88,000/- the o.p. has asked him to return the said money, but the complainant has failed to submit even a scrawl of paper that actually the o.p. asked him to return the said amount of money for Rs.88,000/-. He has said in his petition of complaint that “two months later SBI Card asked me to return them amount because they said that it was sent by mistake or return in monthly instalment with interest”. In support of this contention the complainant has not filed any paper to show that the SBI Card asked him to return the amount or the amount was sent to him by mistake. So, in absence of any such letter it cannot be believed that the SBI Card actually asked him to return the said amount of money which they sent to the complainant by draft. We have also perused the affidavit of examination in chief of the complainant wherein he has said the same thing as made out in his petition of complaint.

Therefore, considering the facts and circumstance we are of the opinion that there is no merit in the case of the complainant and accordingly the o.p. SBI Card cannot be said to be liable either for deficiency of service or for unfair trade practice.

Hence

          ordered

the case is dismissed ex parte. Considering the circumstances, no order is passed as to cost. Fees paid are correct.

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

        ____Sd________                                           ______Sd-______

          MEMBER                                                       PRESIDENT