Chandigarh

DF-II

CC/1152/2019

Manmohan - Complainant(s)

Versus

SBI cards and Payment - Opp.Party(s)

Adv. Jatinder Kumar Misra

03 Oct 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	1152 of 2019
Date  of  Institution	:	04.12.2019
Date   of   Decision	:	03.10.2023

 

 

 

 

 

Manmohan s/o Sh.Madho Ram, R/o House No.1321/12, Ground Floor, Phase XI, Mohali 160062 (Punjab)

             …..Complainant

 

Versus

1]  SBI Cards and Payment Services Pvt. Ltd., SCO No 171-172, Ground Floor, Madhya Marg, Sector 8, Chandigarh, India, through its Branch Manager.

2]  SBI Cards and Payment Services Pvt. Ltd., SBI Card, Correspondence Department, DLF Infinity Towers, Tower C, 10-12 Floor, Block 2, Bldg 3, DLF Cyber City, Gurgaon 122002 (Hr.) through its Manager.

   ….. Opposite Parties

 

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                MR.B.M.SHARMA                 MEMBER

 

Argued by: Complainant in person

Sh.Kartik, Adv. proxy for Sh.Sandeep Suri, Counsel for OPs

 

PER B. M. SHARMA, MEMBER

 

        Briefly stated, the complainant obtained SBI Card No.4317-5755-5442-0258 from OP No.1 having Account No.0004317575550278858 in Nov., 2005.  It is stated that since the complainant was having Outstanding due of Rs.45,312.17 as on Sept., 2007, so his card was Blocked by the OPs (Ann.C-1).  Thereafter, the complainant made payment of Rs.2500/- on 9.1.2008 vide receipt Ann.C-2 and further made payment of Rs.21,250/- till January, 2008 per Statement Ann.C-3 against the said outstanding dues of the card in question.  It is submitted that the complainant further made payment of Rs.2000/- & Rs.605/- in Feb., 2008 to the official of the OPs namely Mahipal, who issued receipts Ann.C-4 & C-5.   It is also submitted that in March, 2008 the complainant was informed by the official of the OPs namely Mahipal that pending/outstanding amount towards him was only Rs.22,145/-, he accordingly made payment of Rs.22,145/- to said official of the OPs.  However, he failed to issue any receipt against said payment and assured the complainant that the receipt will be given after few days, but he did not supply it. 

         It is pleaded that the complainant was shocked to receive a phone call from the OPs, after about 12 years in June, 2019 for payment of an amount of Rs.1.50 lacks being due towards the SBI Card in question. Thereafter, the complainant sent legal notice to the OPs for issuance of No Due Certificate but to no avail. Hence, this complaint has been preferred alleging the said act & conduct of the OPs as gross deficiency in service and unfair trade practice.

 

2]       The OPs have filed joint written version and while admitting the factual matrix of the case, stated that as the outstanding amount was not paid by the complainant, the card facility was blocked.  It is admitted that the complainant made partial payments of Rs.2500/-, Rs.2000/- and Rs.605/- only towards the outstanding dues.  It is stated that the complainant did not make the payment of outstanding dues and as such, as on date, there is outstanding dues of Rs.1,50,705.48 towards the card account of complainant.  It is stated that the complainant has filed frivolous complaint.  Denying all other allegations, the OPs have prayed for dismissal of the complaint.

3]       Replication has also been filed by the complainant controverting the assertions of the OPs made in their written version.        

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the complainant in person, ld.Counsel for the OPs and have gone through the documents on record including written arguments.

 

6]       The thorough perusal of documents on the record reveals that the SBI Card in question bearing No.4317-5755-5442-0258 issued to the complainant by the OPs was admittedly Blocked by OPs in Sept., 2007.  The OPs admitted to have received Rs.25,000/- from the complainant against the outstanding dues of Rs.45,312.77 in respect of the said Blocked Card. The stand of the OPs that as on date there is outstanding dues of Rs.1,50,705.48 against the complainant in respect of the subject card, is totally illegal and unjustified.  Once the subject card was admittedly blocked by OPs in the year 2007 due to outstanding dues, the OP Company could have raised such demand or initiate recovery proceedings against him within a reasonable time, but not after a long period of 12 years i.e. upto year 2019 or 16 years upto the year 2022.  It appears that the OP Company with malafide intentions and in order to enrich themselves by unjust & unfair means intentionally did not raise the demand, if any, within a reasonable period about the subject card, in order to get it accumulated to higher amount, ignoring the essence of time.  Therefore, the said demand of the OPs, as raised in their reply, against the complainant in respect of the subject card, is held to be illegal, not tenable and barred by time.  The OP Company cannot be allowed to take benefit of their own wrongs of sleeping over the matter beyond a reasonable/legal time frame.  In this view of the matter, the account of the complainant in respect of the SBI Card No.4317-5755-5442-0258, is held to be closed and demand, if any, raised against the said account/card stands cancelled.

 

7]       Taking into consideration the discussion & findings aforesaid, we are of the opinion that the deficiency in service as well as unfair trade practice on the part of the OPs has been established. Therefore, the present complaint is partly allowed with direction to the Opposite Parties to issue to the complainant ‘No Dues Certificate’ in request of the SBI Card Account in question forthwith. However, there is no order as to cost and compensation.

 

         This order shall be complied with by the OP within a period of 45 days from the date of receipt of copy of this order.

         Certified copy of this order be sent to the parties, free of charge. After compliance, file be consigned to record room.

Announced

03.10.2023                             

Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

Sd/-

 (B.M.SHARMA)

MEMBER