BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH ======== Consumer Complaint No | : | 456 of 2010 | Date of Institution | : | 28.07.2010 | Date of Decision | : | 11.05.2011 |
Bhupinder Singh s/o Sr.Sewa Singh, H.No.538, Sector 7-B, Chandigarh. ….…Complainant V E R S U S 1. SBI Cards and Payment Services Pvt. Ltd., Regd.Office: SBI Local Head Office, 11 Parliament Street, New Delhi-110001 through its Manager. 2. SBI Cards and Payment Services Pvt. Ltd., Branch Office, SCO 110-111, 2nd Floor, Sector 24-A, Chandigarh. ..…Opposite Parties CORAM: SH.P.D.GOEL, PRESIDENT SH.RAJINDER SINGH GILL, MEMBER DR.(MRS) MADANJIT KAUR SAHOTA MEMBER Argued by:Sh. Sandeep Bhardwaj, Adv. for complainant. Sh.Jatin Kumar, Adv. for OPs PER P.D.GOEL, PRESIDENT The complainant namely Sh.Bhupinder Singh has filed the present complaint under section 12 of the Consumer Protection Act (as amended upto date) “hereinafter referred to as the Act”. In short, the facts of the case are that the complainant was issued credit car bearing NO.004006661031757110 by the OPs. It is the allegation of the complainant OPs started levying unnecessarily charges I his account without supplying the details of usage. Vide letter dated 17.04.2006, the OP made an offer for settlement for an amount of Rs.17000/-. The complainant agreed to the said offer and deposited Rs.17000/- vide receipt (annexure C-2). The OP also agreed to send “No Dues Certificate” by post but failed to do so and on the contrary, he was asked to pay Rs.50000/- . It is the allegation of the complainant that he was shocked to receive notice dated 08.07.2010 (Annexure C-6) requiring him to deposit Rs.1,09,748/- with OP immediately failing which the criminal proceeding would be initiated against him. According to the complainant, he made repeated requests to the OPs to issue “No Dues Certificate” and also to withdraw the notice dated 8.7.2010, wherein the demand of Rs.1,09,748/- was raised but to no effect, hence this complaint. 2. OP filed their joint written statement and took some preliminary objections. On merits, OPs denied the averments of the complaint made in the complaint. It has been replied that the complainant had approached the OPs for issuance of the credit card which was so issued to him. The OPs are charging the delayed payment charges and penalties as per the terms and conditions of the credit card. It is denied that he OPs have asked the complainant to pay Rs.50000/-. It has further been replied that the cause of action arose to the complainant on 18.4.2006, when he made payment of Rs.17000/- in his credit account as full and final settlement and also when OPs did not issue the NOC. Therefore, the complaint can be filed by the complainant till April 2008, whereas the present complaint has been filed in the year 2010, which is time barred. According to OPs, they had already issued the NOC to the complainant, therefore, there is no deficiency in service or unfair trade practice on their part and the complaint deserves to be dismissed. 3. Parties led evidence in support of their contentions. 4. We have heard the learned counsel for the parties and have also perused the record. 5. OPs have admitted in the reply that “No Dues Certificate” has already been issued to the complainant. Vide letter dated 11.10.2010(Ex.R-1), OPs informed the complainant that SBI Card NO.4006 6610 3647 6807 issued towards a/c No.4006 6610 3175 7110 stands inactive for usage and there are no dues payable to them. Learned counsel for the complainant submitted that since OPs have already issued “No Dues Certificate”, therefore, the demand of Rs.1,09,748/- raised through letter notice dated 8.7.2010 is liable to be quashed. We are in full agreement with the learned counsel for the complainant that the OPs have no right to raise the demand of Rs.1,09,748/- vide letter dated 11.10.2010 referred to above. More so, the OPs have made it clear that nothing is payable by the complainant. In view of this, the demand raised by the OPs through notice dated 8.7.2010 for Rs.1,09,748/- is quashed. 6. Admittedly, the “No Dues Certificate” has been issued by the OPs to the complainant after the filing of the complaint, therefore, the complainant is entitled to Rs.2500/- as compensation of mental agony and harassment besides Rs.2500/- as costs of litigation. Order accordingly. 7. This order be complied with by the OPs within one month from the date of receipt of the certified copy. The certified copies of this order be sent to the parties free of charge. The file be consigned. | Sd/- | | Sd/- | Sd/- | 11.05.2011 | [ Madanjit Kaur Sahota] | | [Rajinder Singh Gill] | (P.D.Goel) | cm | Member | | Member | President |
| | MR. RAJINDER SINGH GILL, MEMBER | HONABLE MR. P. D. Goel, PRESIDENT | DR. MRS MADANJIT KAUR SAHOTA, MEMBER | |
