Chandigarh

DF-II

CC/238/2021

Mukesh Kumar - Complainant(s)

Versus

SBI Cards & Payment Services Ltd. - Opp.Party(s)

In Person

17 Nov 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	238 of 2021
Date  of  Institution	:	12.04.2021
Date   of   Decision	:	17.11.2023

 

 

 

 

 

Mukesh Kumar s/o Sh.Sunder Lal, House No.4413-A, Sector 46, Chandigarh

... Complainant

Versus

SBI Cards & Payment Services Ltd., DLF Infinity Towers, Tower C, 12^th Floor, Block 2, Building 3, DLF Cyber City, Gurgaon

    ….. Opposite Party

 

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 OP

 

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

 

         The complainant has filed the present complaint pleading that while he was serving in Indian Navy, he had applied to OP for Credit Card during April, 2012 to Oct., 2014 but his requests/applications was turned down by the OPs. It is stated that in Dec., 2018, the complainant received a Credit Card issued by OP in his name bearing No.4377487816611194 and he considered it to be issued on the basis of his earlier applications, so he used the credit card for three months and made regular payments.  It is also stated that when the OP started deducting wrong/false amounts from his Account NO.30203640540 automatically, he resisted and requested the OP to supply him the documents on the basis of which the credit card was issued and auto-deducting is being made (Ann.A-1) and then he came to know that the said credit card has been issued on forged documents, which is unfair trade practice.  It is submitted that the complainant requested the OP to stop automatic deduction of payment from his account and also submitted the Auto Debit-Deactivation Form (Ann.A-3).  The complainant also got mail from the OP on 14.10.2019 that auto debit has been deactivated on his card account and no further payment will be automatically deducted from his account.  However, still an amount of Rs.21,835/- has been auto-deducted from the account of the complainant by OP though auto deduction was deactivated by the OP (Ann.A-5). The complainant brought this matter to the notice of the OP with a request to refund the said amount, but to no avail.  Hence, this complaint has been filed with a prayer to direct the OP to refund Rs.21,835/-; provide the copy of documents on the basis of which the credit card was issued to the complainant and auto debit form; minus/zeroised the whole amount pending against the credit card account and close the credit card; to pay compensation and recover his CIBIL record.

 

2]       After notice of the complaint, the OP put in appearance and filed written version stating that the credit card in question was issued to the complainant on the basis of application submitted by him.  It is submitted that the auto debit was activated in the account of the complainant on the basis of duly filled/signed auto debit form.  It is also submitted that on the request of the complainant for deactivation of auto debit in Feb., 2021, the deactivation was done and communicated to the complainant accordingly. It is stated that the complainant having outstanding dues of Rs.41,307.71 as on 19.12.2021 has not cleared  his card account and instead of clearing the dues, the complainant filed present complaint. Denying all other allegations, lastly the OP has prayed for dismissal of the complaint with cost.

 

3]       Replication has also been filed by the complainant controverting the assertions of the OP made in the reply.  

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the complainant in person, ld.Counsel for the OP and perused the entire documents on record including written arguments.

 

6]      The question to be decided whether there is deficiency in service or unfair trade practice on the part of the OP in auto-debiting the alleged amount of credit card from his another account or not ?

 

7]       To find out answer to this issue, it is important to take into consideration the following facts and circumstances of the present complaint:-

 

         It is observed that though the OP has claimed that auto debit facility was activated on the credit card of the complainant on the basis of duly filled/signed auto debit form, but the OP has not placed on record any documentary evidence to prove that the complainant has ever given any such consent/permission to the OP. 

 

8]       Further it is observed that the OP has also claimed that the complainant is liable to outstanding amount towards the credit card in question.  However, the OP has not placed on record any documentary evidence in support of their version as to how the complainant is liable to pay any outstanding dues. Therefore, in the absence of any reliable evidence from the side of the OP, their version cannot be acceded to.  Thus, it is proved that the OP has indulged into unfair trade practice by illegally deducting Rs.21,835/- from his another account without his consent or permission and also harassed him by raising illegal demands. The complainant has certainly suffered a lot of inconvenience and embarrassment due to the act and conduct of the OP.

9]       The complainant has specifically alleged that the OP issued Credit Card on the basis of false document of the complainant and forged his signatures.  The OP failed to rebut the allegations of the complainant by placing the relevant documents on record and leading evidence to the effect that the concerned signed was of the complainant.  Therefore, issuing credit card on the basis of forged signs amounts to Unfair Trade Practice adopted by the OP in the interest of increasing their business and profit.  Moreover, the amount was deducted from another account without the consent of the complainant, which amounts to deficiency in service as well as Unfair Trade Practice because one cannot deduct amount from any other account unless consent to the same is given.   

10]      Taking into consideration the above discussion & findings, the present complaint deserves to be partly allowed.  The OP is directed to refund Rs.21,835/- along with interest @9% per annum from the date of filing of the complaint i.e. 12.4.2021 till the date of its actual realization.

                        This order be complied with by the OP within 90 days from the date of receipt of the certified copy of this order.

 

11]      Pending application(s) if any, stands disposed of accordingly.

 

         Certified copy of this order be sent to the complainant, as per rules. After compliance file be consigned to record room.

Announced

17.11.2023                                                                    

Sd/-

(AMRINDER SINGH SIDHU)

PRESIDENT

 

 

Sd/-

(B.M.SHARMA)

MEMBER