District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.251/2020.
Date of Institution: 17.08.2020.
Date of Order: 19.07.2020.
Bane Singh S/o Shri Lal Singh R/o H. No. FCA-72B, Bhatia Colony, Gali No.2, Milk Plant Road, Ballabgarh.
…….Complainant……..
Versus
1. SBI Cards and payment Services Limited, DLF, Infinity Towers, Tower c, 12th floor, Block-2, Building 3, DLF Cyber City, Gurugram – 122002, Haryana through its Managing Director and CEO Mr. Hardyal Prashad.
2. Mr./ Hardyal Prashad, Director and CEO of SBI Cards and Payment Services Limited, registered office:- Unit 401 & 402, 4th floor, Aggarwal Millennium Tower, E, 1,2, 3, Netaji Subhash Place, Wazirpur, New Delhi – 110 034.
Also at:- SBI Card, PO-Bag 28, GPO, New Delhi – 110 001.
3. State Bank of India, Sector-2 Branch HUDA Market, Faridabad through its Branch Manager.
…Opposite parties……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
PRESENT: Sh. Ashok Narwat, counsel for the complainant.
Sh. Jasmeet Singh, counsel for opposite parties. Nos.1 & 2.
Opposite party No.3 ex-parte vide order dated 18.3.2021.
ORDER:
The facts in brief of the complaint are that the complainant availed the credit card facility from opposite parties Nos.1 & 2 through opposite party No.3. The complainant was having saving account with the opposite party No.3 bearing account No. 31791659653, IFSC code – SBINoo16109 branch Sector-2, State Bank of India, whereby opposite party No.1 issued a credit card ending No. 0325 based upon the transactions of the bank account of his client. The complainant always make the payments of the credit card mentioned above on time but the above said credit card of the complainant was lost on 08.03.2020 whereupon complainant called the customer care of SBI cards i.e opposite party No.1 and got the above said credit card blocked on 08.03.2020 itself. Thereafter the complainant visited to his branch i.e. opposite party No.3 and requested to surrender the credit card facility by cancel the same but the Manager of SBI, Sector-2 Branch, Faridabad i.e. opposite party No.3 refused to take the request of closing the above said credit card facility by saying that credit card section was not the part of their bank and the SBI Credit card i.e opposite party nos.1 & 2 may process the request of cancellation/closing the abvoesaid credit card whereupon complainant made various request to SBI Card representative sitting in the Sector-2, Faridabad SBI branch and customer care number of SBI card/opposite party No.1 responded properly nor the customer care number ever talked/receive the request of cancellation of credit card mentioned above inspite of number of efforts of complainant. The complainant also gave written request to the opposite party No.3 who refused to receive the same. The complainant had cleared all the payments till date of blocking of the abovesaid credit card and nothing was outstanding upon complainant towards the above said credit card but the opposite parties Nos.1 & 2 imposed justifiable, illegal and unlawful charges of Rs.5651/- upon complainant including penalty thereof which was unfair trade practice eon the part of the opposite parties. The complainant sent a legal notice dated 20.07.2020 through counsel to opposite parties but all in vain. The aforesaid act of opposite party amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite party to:
a) Cancel/close the said credit card ending No. 0325.
b) refund the reward points accumulated by the complainant.
c) Cancel the un justified, unlawful and illegal demand of Rs.5651/- alongwith the future penalties imposed every month.
d) pay Rs. 50,000/- as compensation for causing mental agony and harassment .
e) pay Rs.22,000/ - as litigation expenses .
2. Opposite parties nos.1 & 2 put in appearance through counsel and filed written statement wherein Opposite parties Nos.1 & 2 refuted claim of the complainant and submitted that the complaint was not maintainable and was liable to be dismissed as no cause of action arose in favour of the complainant and against the answering opposite party to file the present complaint. The complaint under reply was not maintainable and was liable to be dismissed as no prima facie case had been made out against the answering opposite party. It was evident that the complaint had been filed by the complainant with some oblique motives in an endeavor to force the answering opposite party to accept certain illegal demand of the complainant, which the answering opposite parties were otherwise not liable. It was respectfully submitted that the complainant was bound by the jurisdiction set forth in the agreement executed between himself and SBI Cards and Payment Service (P) Ltd. As per card holder agreement there was an arbitration clause, which stipulates that in all events of dispute/difference between the card holder and the SBI Cards, the same shall have the power to appoint the arbitrator. As such this learned commission was devoid of jurisdiction to entertain, the complaint as the complainant was bound by the terms and conditions which were supplied to him alongwith a book let through a welcome kit before the complainant had made any transaction through the credit card. Opposite parties Nos.1 & 2 denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. The parties led evidence in support of their respective versions.
4. We have heard learned counsel for the parties and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite parties – SBI & Others with the prayer to : a) Cancel/close the said credit card ending No. 0325. b) refund the reward points accumulated by the complainant. c) Cancel the un justified, unlawful and illegal demand of Rs.5651/- alongwith the future penalties imposed every month. d) pay Rs. 50,000/- as compensation for causing mental agony and harassment . e) pay Rs.22,000/ - as litigation expenses .
To establish his case the complainant has led in his evidence Ex.CW1/A – affidavit of Shri Bane Singh,, Ex.C-1 – pass book, Ex.C-2 – Statement of credit card, Ex.C-3 (Mark-A) – letter dated 30.03.202 written by the complainant to the State bank of India, Ballabgarh, Ex.C-4 – legal notice, Ex.C-5 to C-7 – postal receipts, Ex.C-8 – track consignment..
On the other hand counsel for the opposite parties Nos.1 & 2 strongly agitated and opposed. As per the evidence of the opposite parties, Nos.1 & 2 ,Ex.- Ex.RW1/A – affidavit of Shri Punit Babbar, duly constituted Attorney of opposite party NO.2 company (SBI Cards & Payments Services Ltd) having registered office at Unit 401 & 402, 4th floor, Aggarwal Millennium Tower, E 1,2,3 , Netaji Subhash Place, Wazirpur, New Delhi, Ex.R1(colly) – WCP application.
6. During the course of arguments, Shri Ashok Narwat, counsel for the complainant has made a statement that “I only press for the harassment and litigation expenses.” The Commission is of the opinion that no doubt they have harassed the complainant mentally. Hence, they are negligent on their part. Deficiency of service is proved. Hence the complaint is allowed qua the harassment & litigation charges.
7. Opposite parties Nos.1 & 2 are directed to pay Rs.1100/- as compensation for causing mental agony and harassment. Opposite parties Nos.1& 2 are also directed to pay Rs.1100/- as litigation expenses to the complainant. Compliance of this order be made within 30 days from the date of receipt of copy of this order. Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.
Announced on: 19.07.2022 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
