Advocate Kiran Shinde for the Complainant
Opponents exparte
*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-**-
Per Hon’ble Shri. V. P. Utpat, President
:- JUDGMENT :-
Date- 28th March 2014
This complaint is filed by consumer against SBI Cards & Payments Service Pvt. Ltd. for deficiency in service u/s 12 of the Consumer Protection Act, 1986. Brief facts are as follows-
[1] Complainant is resident of Kothrud, Pune. Opponents are doing the business of credit cards having office at Pune and Delhi. Complainant approached the Opponents for getting credit card facility. She had submitted the Proposal Form and after completing the formality, the credit card was issued in her name. On 21/10/2006 she came across wrong entry in the statement of account as regards payment of Rs.3116/- to the Royal Sundaram Alliance Insurance Co. Complainant is no way concerned with the said entry. The said entry is illegal and unauthorized. Immediately she approached the Opponents and requested for withdrawing the said wrong entry. She had also issued letter dated 16/12/2006 to the Opponents but the Opponents did not take any cognizance and started to charge service charge, fine on the said amount. The Opponents have also issued notice to the complainant for recovery of Rs.11,647/-. Hence, she has filed present complaint and prayed for declaration of deficiency in service. She has prayed for issuance of No Dues Certificate and restraining the Opponents from issuing any bill in respect of the aforesaid credit card. She has also prayed for Rs.20,000/- towards compensation for mental harassment and cost of the litigation.
[2] Opponents though duly served remained absent. Hence complaint is proceeded ex-parte.
[3] Complainant has filed affidavit in support of her contention. She has also filed statement of account for the relevant period. It reveals from the same that the Opponents have charged interest and penalty charges eventhough the complainant has no concern with the wrong entry as regards payment of money to the Royal Sundaram Alliance Insurance Co. That amounts to deficiency in service. The evidence in the form of affidavit which is substantiated by the documents remained unchallenged. Hence, this Forum is of the opinion that the complainant has established that the Opponents have caused deficiency in service. Hence, complainant is entitled for compensation.
[4] After considering the nature of grievance made by the complainant amount of Rs.5,000/- as compensation on the ground of physical, mental torture as well as cost of the litigation would meet the ends of justice. Hence, following order is passed-
:- ORDER :-
1. Complaint is partly allowed.
2. It is hereby declared that the Opponents have caused deficiency in service by showing wrong entry and charging penalty and interest on the said amount.
3. The Opponent Nos. 1 and 2 are jointly and severally directed to issue No Dues Certificate to the complainant within six weeks from the date of receipt of copy of order.
4. The Opponent Nos. 1 and 2 are jointly and severally directed to pay Rs.5,000/- [Rupees Five Thousand only] as compensation to the complainant on the ground of physical, mental torture and cost of the litigation within six weeks from the date of receipt of copy of order.
5. Complainant is directed to collect the sets which are provided for the Members within one month from the date of order. Else those will be destroyed.
Copy of order be supplied to both the parties free of cost.
Place – Pune
Date – 28/03/2014
