Order-14.

Date-04/05/2016.

This is an application u/s.12 of the C.P. Act, 1986.

           On study of the complaint it is found that the grievance of the complainant is that he is the holder of renewed SBI employee card ending with no.4133 and there are two other persons added with the card that is his wife and his son and the card is valid till 03/17 and credit limit is Rs.67,000/-. 

          Lastly, the said card was blocked by the complainant.  His wife never used the card but his sons used the said card till December, 2014 within the said limit but complainant always waited for statement to his E-mail i.d. registered SBI Card Authority but on 17-03-2015 complainant was informed the SBI card that he had not been receiving the card statement to his E-mail i.d. but he received the e-mail from the OP on 04-05-2015 and also on telephonic calls by which they asked the complainant for payment but complainant’s grievance is that he never received any details of bill statement till 15-11-2015 that complainant sent several e-mails but no result.  Ultimately complainant requested the SBI Card Authority that making non-functional of the said card with immediate effect but no confirmation letter was received by the complainant till November, 2015. 

          In the above situation complainant has been harassed by the SBI Card Authority though complainant has no fault and in the above circumstances, complainant has prayed for redressal and compensation.

          On the other hand from the written statement of the OP it is clear that complainant is a card holder along with his wife and his son and it is specifically mentioned that the complainant’s son Soumalya called to help-line of the OP and intimated that he purchased a camera worth of Rs.60,000/- and asked the OP to convert the purchase into EMI basis of 24 months and also during his call he asked the OP to deliver the statement to mail i.d. and the said amount is on ES mode statement and the statement is delivered in every month at such mail i.d. and complainant himself agreed to that fact that his son has been using the said card since December, 2014. 

          Further it is alleged by the OP that complainant’s son has been suing the card and called up the SBI Card Help Line and requested for flexi pay and according to his instruction the flexi pay policy was introduced in his add on card and it is to be noted that add on card was issued in the name of the complainant’s son and wife and the said people who are in possession of the add on card had all the right to use their card and also had the right to avail different policies as add on card holder  but the limit of the said card was not extended.

          Fact remains complainant’s son purchased a camera worth of Rs.60,000/-, since he defaulted in his payment the said amount went up to Rs.87,654-22 adding interest and late payment charges, so, there was no negligence and deficiency on the part of the OP and in the above circumstances, OPs prayed for dismissal of this case.

Decision with Reasons

On an indepth study of the complaint and the written version and also considering the entire materials on record it is undisputed fact that complainant and his wife and his son are the card holder and added card holder.  it is admitted by the complainant that complainant’s son has been using the card since December, 2014 with the fixed limit of Rs.67,000/-.  Anyhow, the complainant’s son Soumalya intimated the OP to convert the purchase of camera amount of Rs.60,000/- into EMI basis of 24 months and also he asked the OP to deliver the statement in the e-mail i.d. so, it is clear that everything is known to the complainant which is evident from the complainant’s own statement.  Fact remains the complainant is not getting the statement on the ground same is being sent regularly to Soumaly at his e-mail address and he has been handling the same.  So, question of non-receipt of statement by the complainant cannot be taken account in view of the fact complainant has not been operating the said account but his son is operating and statement is being sent to him in each month.  Anyhow, complainant has failed to produce any evidence of his son Soumalya in support of the fact that OP never sent any statement against the said account.  So, apparently, the allegation of the complainant cannot be relied but fact remains the SBI employee card no. ending with 4133 was issued initially in the name of the complainant adding his wife and son who got added cards but when complainant is unwilling to continue the said card and this card was kept blocked by the complainant then it was the duty to the OP not to allow the added card holder specially to allow the same but that has not been done.

          Another factor is that when complainant himself wrote a letter to the OP and sent an e-mail to the OP for non-functional of the said card with immediate effect but that has not been done but all those activities on the part of the OP is no doubt uncalled for.

          Whatever it may be, complainant has submitted openly that he wants closure of the account and the said card and the balance amount if any is found outstanding he shall have to pay it but the entire card shall be closed down.  Relying upon the submission of the complainant we are convinced to hold that complainant is not aware of the transaction or payment on the ground of his son already changed in his e-mail probably there is certain family feud for which this incident took place.  Whatever it may be we have not entered into such domestic affairs of the complainant but we found that it was the duty of the OP to close the said card account informing the complainant and his son to close the account and to pay the balance amount but that has not been done.  So, in such circumstances considering the entire dispute and its fact and further considering the blocking of the said card by the complainant we are convinced to hold that it is the duty of the OP to close the entire SBI employee card no. ending with 4133 which are in the name of the complainant, his wife and son with immediate effect and sent final statement to the complainant who shall have to pay the said outstanding dues but no further interest, damages or charges shall be added with the said account with effect from 20-11-2015 because prior to that complainant requested the SBI card authority to close the said card account and make it non-functional but that has not been done which is totally uncalled for and deficient manner of service.

In the result, the case succeeds.

Hence,

Ordered

That the case be and the same is allowed on contest with a cost of Rs.500/- against the OPs.

          OPs are hereby directed to treat the SBI Employee Card number ending with 4133 completely closed with added card with effect from 20-11-2015 and up to then if there is any outstanding in respect of that bill shall be sent to the complainant and complainant shall clear that dues within one month from the date of receipt of that information that the card has been cancelled with effect from 20-11-2015 and bill has been received regarding payment.

          OPs shall not charge any further charges, damages etc. in respect of outstanding with effect from 20-11-2015 and OPs shall have to sent such a bill along with such confirmation letter that said account in the name of the complainant, his wife and his son is completely closed and cancelled with effect from 20-11-2015.

          OPs are directed to comply the said order and at the same time complainant shall have to clear the entire dues up to 20-11-2015.

          Parties are directed to comply the order failing which either of the party may file such execution case for implementation of the order.

          If OPs are found reluctant to comply the order in that case OPs shall have to pay penal damages  at the rate ofRs.2,000/- per month till full compliance of the order and if it is collected it shall be deposited to this Forum but the entire order shall be complied with as per spirit of this order positively within 45 days from the date of this order.

Even if it is found that OPs are reluctant to comply the order in that case penal action u/s.25 read with Section 27 of the C.P. Act shall be started against them for which further penalty and fine shall be imposed.