BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENAKUMARI. A : MEMBER

SMT. S.K.SREELA : MEMBER

C.C. No. 104/2007 Filed on 19.04.2007

Dated : 28.02.2009

Complainant:

K. Prabhakaran, Prabha International Exporters, Kovalam Road, Manacaud P.O, Thiruvananthapuram.

(By adv. Sreevalsam R. Gopalakrishnan)

Opposite parties:

1. SBI Cards & Payment Services Pvt. Ltd., New Delhi – 110 001.

    

2. SBI Bank Card Company, Rajadhani Kalyana Mandapam, II Floor, East Fort, Thiruvananthapuram.

(By adv. A. Abdul Kharim)

This O.P having been heard on 07.02.2009, the Forum on 28.02.2009 delivered the following:

ORDER

SMT. S.K.SREELA: MEMBER

The facts of the case are as follows: The complainant who was a credit card holder of the SBI Cards ad Payment Services Pvt. Ltd., was operating his credit card and was making payments regularly. Since the opposite party charged exorbitant rate of interest, the complainant decided to terminate the service of the opposite party. As per the advice of the opposite party, the complainant remitted the entire balance amount and surrendered the credit card. But even after that the opposite party issued monthly statements and demanded illegal payments. The complainant issued lawyer's notice for which also reply was sent stating some irrelevant statement. As per the letter of the opposite party dated 23.01.2007, the amount due is Rs. 2,758.40, but they are willing to settle the claim for Rs. 1,342.95. The said claim of the opposite party is illegal according to the complainant. The complainant has not used the credit card after 13.04.2006 and the entire outstanding as on 13.04.2006 has been cleared, the final payment made on 13.04.2006 has not been accounted which is a clear case of deficiency in service and the illegal demand is a clear case of unfair trade practice. The opposite party in continuing the credit card account inspite of closure and remittance of dues showed imperfection on their part and inclination to take undue advantage and financial gain. Hence this complaint for compensation and costs.

The opposite parties remain exparte.

The complainant has filed affidavit in lieu of chief examination and marked Exts. P1 to P10.

The issues for consideration are:-

1. Whether the complainant is entitled to pay the amount claimed by the opposite parties?

2. Whether there is any deficiency in service and unfair trade practice on the part of the opposite parties?

3. Reliefs and costs.

Points (i) to (iii):- As per the account statements of the opposite parties, it is seen that the complainant is the holder of the credit card bearing No. 4317 5751 6400 1423. As per Ext. P2 the total outstanding as on 07.04.2006 is Rs. 386.36 and P1 shows that on 13.04.2006 the opposite party has received Rs. 387/- from the complainant, wherein the complainant's card number has been mentioned. As per the said transaction, the entire balance has been cleared by the complainant, but opposite party has issued Ext. P3 on 07.06.2006 claiming Rs. 597.02 on various heads one among which is Fee payment not received by due date as Rs. 336.72. Ext. P1 issued by the opposite party controverts the same. Moreover the opposite party has neither filed their version nor turned up to contest the matter. The records produced by the complainant shows that the complainant has been getting monthly statements even after the clearance of the entire dues. When the opposite party has issued Ext. P1, it was incumbent upon the opposite party to have ensured that it was duly credited to the complainant's account. Now the opposite party has claimed Rs. 2,758.40 from the complainant. The details and explanation of which have not been produced by the opposite party. As a financial institution, duty upon the opposite parties were of a higher degree of care and caution which they have failed. Having received the entire amount and credit card from the complainant, the opposite party is bound to account the same.

On the basis of documents and affidavit on record, we find that the opposite parties are guilty of deficiency in service and unfair trade practice.

In the result, the complaint is allowed and the complainant is found not liable to remit any further amount to the opposite parties. The opposite parties shall stop such unfair trade practice and shall close the account of the complainant with immediate effect. The opposite parties shall also pay an amount of Rs. 3,000/- as compensation and Rs. 2,000/- as costs to the complainant within a period of one month failing which the above mentioned amounts shall carry interest @ 12%.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the day of 28^th February 2009.

S.K.SREELA : MEMBER

G. SIVAPRASAD : PRESIDENT

BEENAKUMARI. A : MEMBER

C.C. No. 104/2007

APPENDIX

I COMPLAINANT'S WITNESS :

NIL

II COMPLAINANT'S DOCUMENTS :

P1 - Copy of SBI cards receipt No. 4955897 dated 13.04.2006.

P2 - Copy of SBI Card monthly statement for April 2006.

P3 - Copy of SBI Card monthly statement for June 2006.

P4 - Copy of SBI Card monthly statement for July 2006.

P5 - Copy of SBI Card monthly statement for August 2006.

P6 - Copy of SBI Card monthly statement for September 2006.

P7 - Copy of advocate notice dated 06.10.2006.

P8 - Copy of reply notice dated 31.10.2006.

P9 - Copy of SBI Card monthly statement for January 2006.

P10 - Copy of SBI Card letter dated 23.01.2007.

III OPPOSITE PARTY'S WITNESS :

NIL

IV OPPOSITE PARTY'S DOCUMENTS :

NIL

PRESIDENT