Sh. Atul Kumar Sharma          V/s                       SBI Card

 None has been appearing on behalf of the complainant since 15.10.15. Notice for pairavi issued to him vide dispatch No.496 dated 09.03.07 for 24.04.17 at his given address has been received back unserved with the postal report “Addressee Left”.

 Pleadings are complete. Evidence is also complete. Therefore, we proceed to decide the case on merits.

 We have heard the counsel appearing on behalf of the OP.

The case of the complainant, in nutshell, is that he had been granted a loan of Rs.66,000/- by the OP in the month of July, 2008 and  it was to be paid through 48 EMIs @ Rs.1842.50p each. However, after charging the instalment of Rs.1842.50p for a couple of months the OP started charging EMI @ Rs.2500 – Rs.2700 per month.  The OP also sent a cheque of Rs.7500/- to the complainant as a further loan over and above Rs.66,000/- . The complainant aggrieved by the conduct of OP filed a complaint No.523/09 –Atul Kr. Sharma V/s SBI Card before the District Forum which was decided vide order dated 10.12.09 and  the OP was directed to immediately stop overcharging the complainant and directed the OP to zeroised the amount of Rs.16,188.39p as reflected in the statement dated 19.07.09. Despite that the complainant, in all, paid till October, 2010 the total sum of Rs.94,868.80p including the decretal amount of Rs.16,188.39p as ordered by  the forum in the order dated 10.12.09. The total amount due on the complainant was Rs.88,440/- which was to be paid in 48 EMIs @ Rs.1842.50p per month. However, the OP over charged the sum of Rs.5428.89p from the complainant as on date.  Hence, the complainant has filed the present complaint for issuing the following directions:- 

“(i)     That the SBI Card be directed to adjust a sum of Rs.16,188.39 towards payment of its loan amount of Rs.66,000/- together with up-to-date interest.

(ii)      To further adjust a sum of Rs.16,250/- which has been paid by  the applicant as an excess amount over and above the required EMI amount of Rs.1,842.50 p.m.

(iii)     To further adjust a sum of Rs.12,683.41 which the applicant had paid against the statement dated July, 2010 sent by the respondent to the applicant.

(iv)     That since the applicant has paid to the respondent SBI card the sum of Rs.94,868.89, after taking into account the decretal amount of Rs.16,188.39 against the total due of Rs.88,440, a decree to this effect may kindly be passed in favor of the applicant and against the respondent by  directing the respondent to return the applicant the over payment of Rs.5,428.89

(v)      That the cost and compensation @ Rs.30,000/- may be awarded in favor of the applicant for undergoing the agony and the sufferings at the hands of SBI card during all this period.

(vi)     That the SBI card be directed not to raise any further bills upon the applicant for re-payment of the loan amounting to Rs.66,000/- as sanctioned to the applicant during the month of July, 2008.

In the reply, OP has denied the averments made in the complaint and has inter-alia stated that the order passed in complaint No. 523/09 stands executed. The OP has handed over ‘No Dues Certificate’ with respect to the said amount and also paid a sum of Rs.5,000/- towards cost and compensation to the complainant. It is submitted that that the said amount of Rs.16,188.39p was duly adjusted and NOC to that effect was provided. Other averments made in the complaint have been denied.

Complainant has not filed replication to the reply of OP.

Evidence has been filed on behalf of the parties. We have gone through the file very carefully.

The copy of the order dated 01.09.10 passed by the forum in case No.411/10 is Annexure R-1. From a perusal of which it stands proved that Rs.5000/- had been paid to the complainant and the execution application was disposed off accordingly. 

The complainant has not led any evidence to the contrary. Therefore, he has failed to prove any deficiency in service or unfair trade practice on the part of OP.  Accordingly, we dismiss the complaint with no order as to costs.

Let a copy of this order be given dasti to the Counsel for the OP and copy be sent to the complainant through speed post.