Order-16.
Date-21/02/2017.
Shri Kamal De, President.
This is an application u/s.12 of the C.P. Act, 1986.
The case of the Complainant, in short, is that he was the holder of SBI Card being No.4317575019169391. The use of such card was stopped, blocked by the OP long back and the Complainant could not use the same. The Complainant was regular and systematic in payment of Bills drawn earlier by the OP and there was no default as such. The OP was sending some fictitious bills, although all payments in respect of the alleged non-payment has also been made by the Complainant. It is alleged that despite regular payments OPs are raising some bills which have paid earlier. A representative of the OP being collector of dues approached the Complainant to pay off the dues which comes to Rs.7530/- as per their statement as dues falling to the Complainant. The Complainant without raising any dispute, on the assurance of the representative of the OP that NOC and no dues certificate would be issued have paid the said amount vide cheque No. 635992 which has been duly encashed by the OP. In spite of full payment, OP raised further Bill on 13.03.2016 for Rs.1,212/- as total outstanding. It is alleged that the Bill is manufactured, again OP issued another bill on 13.04.2016 for Rs.1,827/- and on 13.04.2016 for Rs.2,461/- amounting to Rs.7,530/-. The Complainant served legal notice upon the OP on 06.02.2016 and 10.04.2016, but no reply is received from the end of the OP. It is alleged that OP is disturbing and harassing the Complainant. It is also alleged that the Bills are all arbitrary, illegal and hoax. The Complainant has prayed for cancellation of the disputed bills above for the months of March, April and May, 2016. Hence this case.
OP has contested the case in filing w.v. contending inter alia that the case is not maintainable either in fact or in law. It is alleged that the Complainant has suppressed the material facts before the Ld. Forum.
It is stated that the complainant is bound by the jurisdiction set forth in the agreement executed between himself and SBI Card. It is stated that there is arbitration clause in the agreement and in case of dispute, the same shall be resorted to by appointment of sole arbitrator. It is stated that the Complainant’s statement generates on 30th of every month and due monthly payment date is 3rd December, 2015. The Complainant is liable for finance charges along with other charges. It is stated that the Agent of the OP has informed the Complainant that he is calling from the SBI Cards. The Agent of the OP enquired about the payment status whether it has been paid or not. But the Agent of the OP also informed the Complainant that no cheque is received till date.
It is stated that the Complainant’s outstanding as on 30.11.2015 is Rs.6,771.21. This OP has prayed for dismissal of the case.
Point for Decision
1) Whether the OP is deficient in rendering service to the Complainant?
2) Whether the Complainant is entitled to get the relief as prayed for?
Decision with Reasons
We have perused the documents on record i.e. photocopies of monthly Bills, Photocopies of legal notice, photocopies of payments of Rs.7,530/- dated 12.12.2015 and other documents on record.
It appears that the Complainant was the holder of the SBI Card under SBI Card Division and the said Card has long been stopped and blocked and there was no use of the said Card by the Complainant. It appears that dispute occurred since long block. The OP is raising the Bills against the Complainant asking to pay different amounts. It also appears that the Complainant paid a sum of Rs.7,530/- through an Agent of the OP vide cheque No.635992 dated 12.12.2015. It also appears that the receipt of such payment by SBI Cards was issued to the Complainant through the Agency Code No. 134675024 vide receipt No. 19388957 dated. 12.12.2015. It is also appears that the Agent of the recipient of the said amount endorsed under seal and logo on such receipt. Surprisingly, the OP has again issued monthly statements quite surprisingly. It also appears that the Complainant served legal notice upon the OP, but no reply is given by the OP from its end. It is also alleged that the Collection Agent of the OP collected a sum of Rs.7,530/- vide cheque no. 635992 dated 12.12.2015 with an assurance that NOC will be issued by the OP, which the OP did not provide. So, we find that grievance of the Complainant that the Card blocked by the OP long back in spite of that he was receiving statements regularly is genuine, we think that the Bills raised thereafter are all fictitious and ghost Bills. The OP can not raise bills when the card was blocked long back. We think that OP is deficient in rendering services to the Complainant and has indulged in unfair trade practice.
Consequently, the case merits success.
Hence,
Ordered
That the instant case be and the same is allowed on contest against the OP.
OP is directed to issue ‘NOC’ and ‘No due’ certificate to the Complainant within one month i.e. from the date of this order apart from litigation cost of Rs.5,000/-.
OP is also directed to pay an amount of Rs.5,000/- to the Complainant for causing harassment, mental agony and pain within the said stipulated period.
Failure to comply with the order will entitle the complainant to put the order into execution u/s.25 read with Section 27 of the C.P. Act and in that case OP shall be liable to pay penal damage at the rate ofRs.2,000/- per month to be paid to this Forum till full and final satisfaction of the decree.
