Orissa

Cuttak

CC/154/2021

Tapan Kumar Kamila - Complainant(s)

Versus

SBI cards & Payment Service ltd - Opp.Party(s)

Self

21 Nov 2022

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.154/2021

 

Sri Tapan Kumar Kamila,

S/O:Swapneswar Kamila,

At present residing at:H/O ShantilataKhuntia,

At:Nuapada New Colony,P.O:Naya Bazar,

P.S:Madhupatna,Dist:Cuttack-753004.                                          ... Complainant.

 

                                   Vrs.

1. The Manager,S.B.I. Cards & Payment Service Limited,

P.O:Bag 28,G.P.O,New Delhi-110001.

 

2. The Branch Manager,SBI Main Branch,

At:CollectorateCompound,PO:Chandini Chowk,

P.S:Lalbag,Dist:Cuttack-753002.                                                  ... Opp. Parties.

 

 

Present:  Sri Debasish Nayak,President.

                   Sri SibanandaMohanty,Member.

 

Date of filing:      20.09.2021

Date of Order:    21.11.2022

 

For the complainant:          Self.

For the O.P No.1       :          Mr. N.K.Dash,Adv.& Associates.

For the O.P no.2:                  Mr. P.V.Balakrishnan,Adv. & Associates.

 

Sri Debasish Nayak,President.                                                                

               Case of the complainant bereft unnecessary details as made out from the complaint petition in short is that the complainant had taken S.B.I Card bearing no.4726426746241175 on 22.1.11 from the O.Ps.   But on 22.2.21 the complainant had preferred for cancellation of the said Credit Card and insurance thereof.  The O.Ps had intimated him that it will be resolved by 3.3.21.  The O.Ps had deducted an amount of Rs.922.34p towards E.M.I from his Savings Bank Account on 11.3.21 for which the complainant had lodged another complaint for cancellation of insurance and credit card and also to recover the deducted amount but the O.Ps had further deducted EMI of Rs.332.87p from his S.B.Account on the said day on 11.3.21.  The complainant was made to pay the outstanding dues of Rs.382.07 on 23.6.21 in order to get his NOC and unhold the fixed deposit amount.  Thus, the complainant has made several complaints to the O.Ps.  Ultimately the O.Ps had removed the holding of the fixed deposit of the complainant on 8.7.21 and had cancelled the credit card plan but the O.P had not taken any step regarding issuance of his NOC to that effect.  They have also not taken any step in order to reimburse the deducted amount of Rs.1675.70p of the complainant.  The complainant had to pay a sum of Rs.12/- towards the issuance of his NOC.  It is for this, the complainant had to file this case seeking release of his NOC from the O.Ps, the deducted amount of Rs.1675.70p alongwith interest thereon from the O.Ps and also has prayed further for a sum of Rs.50,000/- towards compensation of his financial loss and suffering.

2.            The O.Ps have contested this case but have filed their written versions separately.  According to written version of O.P no.1, the case of the complainant is not maintainable which is liable to be dismissed since because the complainant hasnot approached with clean handsand had suppressed the material facts.  According to the O.P no.1, as per the desire of the complainant, his Card account statement was generated on 19.2.21 alongwithannual fees of Rs.499/- and card protection plan charges of Rs.1899/-, total outstanding of Rs.2519/- with payable due by 11.3.21.  The complainant had opted for auto debit payment of the total amount as due from him.  Accordingly, the O.P no.1 had received the total dues of the complainant to the tune of Rs.922/-, Rs.337.87p and Rs.332.22p, When the complainant requested for CPP cancellation and zerorization of the account and basing on the said request, the CCP account was reversed and the said account of the complainant was zerorized which was reflected in his statement dt.19.7.21.  The account of the complainant has credit balance refund of Rs.1049/- for which the S.B.Account details was required as regards to refund of auto debit amount.  According to the O.P no.1, he has closed the credit card and had zerorized the account prior to filing of the complaint as reflected in the account statement of July,20921.  Thus, there was no cause of action to file this case, no deficiency in service on the part of O.P noi.1 and accordingly, O.P no.1 has prayed to dismiss the case.

               Together with the written version, the O.P has filed copies of the account statements of the S.B.I card of the complainant and the copy of the “No Due Certificate”.

               From the written version of O.P no.2, it is made out that he has also mentioned that the case of the complainant is not maintainable.  The complainant had preferred to cancel the credit card as received by him on his request and after such request of the complainant, as per proper procedure the said credit card account was closed.  Thus, the case of the complainant being not maintainable be dismissed.

3.            Keeping in mind the averments of the complaint petition and the contents of written version, this Commission feels it proper to settle the following issues in order to arrive at a proper conclusion.

i.Whether the case of the complainant is maintainable ?

ii.            Whether there was any deficiency in service on the part of the O.Ps ?

   iii.        Whether the complainant is entitled to the reliefs as claimed ?

Issue no.ii.

Out of the three issues, issue no.ii being the pertinent one is taken up first to be considered here in this case.

   Admittedly, the complainant had preferred to have a credit card facility from O.P no.1 and as per his request the same facility was provided to him but the complainant wanted to closed the said credit card account for which he had informed the O.Ps on 23.2.21.  As it appears the said credit card account of the complainant was closed in the month of July,2021 after observing the required formalities and after adjusting the outstanding dues of the complainant.  The complainant was aggrieved that he was not issued the “No Due Certificate” by the O.Ps but as it appears that the copy of the same has been filed together with the written version of O.P No.1, “No Due Certificate” of the complainant has already been issued prior to filing of this case.  Thus, there is no deficiency noticed on the part of the O.Ps here in this case.  Accordingly, this issue is answered in favour of the O.Ps.

Issues no.i& iii.

   When the credit card account of the complainant has already been closed and the NOC has been issued prior to filing of this case, after observance of the formalities and deduction of the arrear dues, the case of the complainant can never be said to be maintainable and accordingly the complainant is not entitled to the reliefs as claimed by him.  Ofcourse, his entitlement from the O.Ps if any, should be given to him after he provides the account details as sought for by O.P no.1.  Hence it is so order;

ORDER

               Case is dismissed on contest against O.Ps and as regards to the facts and circumstances of the case without any cost.  The entitlement from the O.Ps if any, be obtained by providing account details to them.

Order pronounced in the open court on the 21^st  day of   November,2022 under the seal and signature of this Commission.             

                                                                                                                   Sri Debasish Nayak

                                                                                                                               President

              

                                                                                                         Sri Sibananda Mohanty

                                                                                                                   Member