BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENAKUMARI. A : MEMBER

SMT. S.K.SREELA : MEMBER

C.C. No. 71/2009 Filed on 30.03.2009

Dated : 16.04.2010

Complainant:

K.R. Santhi, W/o R. Madhavan, T.C No. 4/104-1, 'Revathy', Cheshire Home Lane, Kowdiar P.O, Thiruvananthapuram-3.

(By adv. G.L. Mohanachandran)

Opposite parties:

1. The SBI Cards and Payment Services Pvt. Ltd., represented by its Manager, DLF Infinity Towers, Tower-C, 12^th Floor, Block-2 Building, DLF Cyber City, Gurgam, Hariyana-122 002, India.

    

2. The Manager, SBI Cards and Payment Services Pvt. Ltd, SBI Credit and Section, 4^th Floor, Rohini Building, Panavila Junction, Thampanoor, Thiruvananthapuram.

This O.P having been heard on 12.04.2010, the Forum on 16.04.2010 delivered the following:

ORDER

SMT. S.K.SREELA : MEMBER

Briefly stated, relevant facts of the case are that the complainant was forced by one of the agents of the opposite parties to take an SBI Credit Card for helping him for getting confirmation of his job with the opposite parties. The complainant was issued a card bearing No. 004317575038692050 and the opposite parties obtained the signatures of the complainant in some printed papers and blank papers. The complainant was assured that the complainant need not pay any amount for getting the credit card and she will be charged only for the services availed using the S.B.I Card. On getting the above mentioned card she never used it, not made any purchase or cash transaction or availed any other services of the opposite parties. After receiving the card she felt that she is not in need of the credit card and after one week, she made requests with the opposite parties to cancel her card. But for the several requests made by her for cancellation of the card, the opposite parties gave deaf ears. Instead of cancelling the credit card, opposite party collected Rs. 200/- from the complainant as settlement amount for cancellation and assured that the card will be cancelled. After effecting the above said payment, she made an application to the Manager, SBI Cards and Payment Service Pvt. Ltd., Chennai on 24.04.2007. But even after accepting the application opposite parties did not care to cancel the card. Complainant contacted the help line of the opposite parties several times, but they never showed any interest to settle the matter. From May 2007, the opposite parties began to send monthly statement demanding huge amounts. Complainant never used the said credit card or availed any service from the opposite parties using the card. After that a monthly statement dated 19^th August 2007 was served on the complainant mentioning Rs. 7,514.17 as the total outstanding. As per the directions given by the help line, the complainant surrendered the credit card and even after that the opposite party demanded more money without cancelling the credit card. The opposite parties, without the consent and knowledge of the complainant, took a Medisafe Insurance Policy from Royal Sundaran Alliance Insurance Company and debited the premium using the credit card, which proves the non-transparency of their dealings to the opposite parties. Though prompt replies were not received by the complainant, the opposite party undertook to settle the amount fully on payment of Rs. 4,356/- before 31.12.2005. Then by a monthly statement dated 19.12.2008, complainant was directed to pay an amount of Rs. 13,068.15 as her total outstanding and lastly opposite parties claimed an amount of Rs. 14,286/- by their monthly statement dated 19.03.2009. Complainant is not liable to pay any amount since she never used or availed the service by the card issued by the opposite parties and for the illegal acts of taking the insurance policy without obtaining the consent of the opposite parties. Hence this complaint for compensation and such other reliefs.

Both opposite parties remain exparte.

Complainant, PW1, has filed affidavit in lieu of examination and marked Exts. P1 to P13.

The issues that would arise for consideration are:-

1. Whether the complainant is entitled for any compensation as claimed in the complaint?

2. Whether there is any deficiency in service on the part of the opposite parties?

3. Reliefs and costs.

    

Points (i) to (iii):- The statement of accounts produced by the complainant proves that the complainant has been issued with a credit card bearing No. 4317 5750 3869 2050 by the opposite parties. According to the complainant, she has never used the said card and inspite of that the opposite parties have claimed Rs. 13,068.15 as her total outstanding and lastly the opposite party has claimed an amount of Rs. 14,286/-. From the statement of accounts P12 series, it could be seen that the complainant has not purchased any items using the said card. Ext. P1 proves the payment of Rs. 200/- to the opposite party and the same has been reflected in P12 series. The documents on record reveal that the complainant had requested the opposite party to cancel the card and as per Ext. P5, the complainant has returned the card on 30.10.2007. The opposite party never turned up to contest the case or deny the allegations levelled against them. As per Ext. P8, the opposite party has asked the complainant to clear the outstanding due of Rs. 8,712/- and further as per Ext. P8 the complainant has been given an opportunity to settle the above outstanding dues for Rs. 4,356/- before 31.12.2007. But the complainant pleads that she has never used the card. The opposite party has not adduced any evidence to substantiate their claim of Rs. 8, 712/- from the complainant. In the absence of the above, we find that the opposite party is not entitled to claim any amount from the complainant. The complainant has succeeded to establish her complaint. As the opposite party has not cross examined the complainant, the affidavit of the complainant in lieu of chief examination stands unchallenged. The documents on record prove that the complainant is not bound to remit any amount to the opposite party. In view of the above, complaint is allowed and the complainant is found not liable to remit any further amount to the opposite parties. The opposite parties shall stop such unfair trade practice and shall close the account of the complainant with immediate effect. The opposite parties shall also pay an amount of Rs. 3,000/- as compensation and Rs. 2,000/- as costs to the complainant within a period of one month failing which the entire amount above mentioned shall carry interest @ 12% till realization.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 16^th day of April 2010.

S.K. SREELA : MEMBER

G. SIVAPRASAD : PRESIDENT

BEENAKUMARI. A : MEMBER

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C.C. No. 71/2009

APPENDIX

I COMPLAINANT'S WITNESS :

PW1 - K.R. Santhi

II COMPLAINANT'S DOCUMENTS :

P1 - Photocopy of receipt dated 23.04.2007 for the payment of

Rs. 200/-.

P2 - Photocopy of request dated 10.09.2007.

P3 - Photocopy of request dated 15.10.2007

P4 - Photocopy of request dated 27.12.2007.

P5 - Photocopy of letter dated 30.10.2007 informing the

surrender of the credit card.

P6 - Copy of advocate notice dated 11.07.2007.

P7 - Copy of postal receipt

P8 - Photocopy of letter issued to the complainant dated

13.11.07.

P9 - Photocopy of letter issued to the complainant dated

24.09.2008 by the opposite party.

P10 - Copy of monthly statement dated 19.12.2008

P11 - Copy of the request dated 24.04.2007 for cancellation of

the credit card.

P12 - Copy of monthly statements.

III OPPOSITE PARTY'S WITNESS :

NIL

IV OPPOSITE PARTY'S DOCUMENTS :

NIL

PRESIDENT