Date of Filing:15.03.2008<br /> Date of Order:28.07.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 28TH DAY OF JULY 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> COMPLAINT NO: 712 OF 2008<br /> P. Praveen Kumar<br /> No. 761 (Near Manipal Motors)<br /> 18th Main, 6th Cross, Kodihalli<br /> HAL II Stage Post<br /> Bangalore 560 008 Complainant<br /> V/S<br /> 1. SBI Cards and Payments Services Pvt. Ltd.<br /> State Bank of India, Local Head Office<br /> 11, Parliament Street, New Delhi 110 001<br /> <br /> 2. Manager<br /> SBI Card Branch<br /> St. Mark’s Road<br /> Bangalore Opposite Parties<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed under section 12 of the Consumer Protection Act.<br /> The facts of the case are that complainant was holding credit card of SBI. He had cancelled the same in February 2008 after paying all dues. He had requested for redemption of points accumulated on his purchase for a Cry Voucher in the month of November 2007. After several follow up he received a courier on 21.01.2008 and to his surprise he opened the cover there was only enclosed letter and no Cry Voucher. He lodged a complaint to SBI Cards on 22.01.2008 and complaint number was given. He called upon the customer service and they gave him the reference number. He also called upon Blue Dart. He wrote complaint to one Mr. Ajay Bharti, Head of SBI Cards on 04.03.2008. He got acknowledgement of his complaint and they mentioned that they would revert within 3 working days. But nobody bothered to take up the issue. Therefore, he was constrained to file complaint before this forum. Complainant claimed compensation of Rs. 90,000/-.<br /> 2. Notice was issued to opposite parties. The learned advocate for opposite party No. 1 has appeared. Opposite party No. 2 remained absent. Defence version not filed. Complainant was present in person. He submitted whatever compensation Hon’ble Forum grants will go to charity and he does not want any compensation personally.<br /> 3. The case of the complainant is that he was holding credit card issued by SBI and he has cancelled the same in February 2008 after paying all his dues. He requested for redemption of points accumulated on his purchase for a Cry Voucher. He received courier on 21.01.2008. But to his surprise when he opened the cover there was only a letter and no Cry Voucher was found. Thereafter, he lodged complaint to SBI Cards and complaint number was given and he was asked to follow-up. Even after that he did not receive voucher. He also called up customer service. They assured that he will get the voucher within three days. Again he wrote a complaint to one Mr. Ajay Bharti, Head of SBI Cards on 04.03.2008. He also got acknowledgment for having given complaint. He got assurance that they will revert within three working days. But till filing of complaint the complainant has not received the voucher. Therefore, he was forced to file the complaint. The allegation of the complainant gone unchallenged. The opposite party No. 1 has appeared but not filed defence version. Opposite party No. 2 though served with notice not appeared. Therefore, he is considered as ex-parte. Therefore, the allegations made by the complainant shall be accepted as true and correct. The opposite parties shall be directed to send Cry voucher to the complainant. The complainant has made several attempts and taken lot of pain, lodged complaint to the customer service, even after his follow up again he could not get the voucher though the opposite party had assured him. Therefore, it is definitely deficiency in service on the part of the opposite parties. The opposite parties should keep up their promise and commitment. But, in this case the opposite parties have failed to keep up their commitment. The complainant is definitely entitled for the voucher as promised by the opposite parties. It is up to the complainant to send whatever the amount received by him to the charity as submitted by him. The intention of the complainant deserves to be appreciated because he does not want compensation amount personally. He wants to donate the entire amount for the charity. Consumer Protection Act is a benevolent and social legislation. It is intended to protect better interests of the Consumers. Consumer awareness is still required though the Act provides remedies but the public has to come forward to avail benefits of social legislation. On the facts and circumstances of the case opposite parties shall be directed to send Cry Voucher to the complainant. Since, the complainant was forced to approach this forum for getting relief he is entitled for the cost of the proceedings. In the result I proceed to pass the following: <br /> ORDER<br /> <br /> 4. The Complaint is allowed. The opposite parties are directed to send Cry Voucher to the complainant in respect of credit card bearing No. 4317 5756 0457 0664 within 15 days from the date of receipt of this order. The complainant is also entitled for Rs. 500/- towards cost of the present proceedings from the opposite parties. <br /> 5. Send the copy of this Order to both the parties free of costs immediately. <br /> 6. Pronounced in the Open Forum on this 28TH DAY OF JULY 2008. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> <br /> MEMBER MEMBER<br />