In the Court of the Consumer Disputes Redressal Forum, Unit -I, Kolkata, 8B, Nelie Sengupta Sarani, Kolkata-700087. CDF/Unit-I/Case No. 201 / 2008 1) Sri Subhendu Dhar, B-20, C.I.T Building, Rajendra Mallick Street, Kolkata-700007. ---------- Complainant ---Verses--- 1) SBI Cards & Payment Services (P) Ltd., 234/3A, A.J.C. Bose Road, Kolkata-700020. ---------- Opposite Party Present : Sri S. K. Majumdar, President. Sri T.K. Bhattachatya, Member. Order No. 1 1 Dated 0 5 / 1 1 / 2 0 0 9 . The instant case arises out of the petition of complaint u/s 12 of C.P. Act, 1986 against SBI Cards and Payment Services (P) Ltd., Fortuna Building, 234/3A, A.J.C. Bose Road, P.O. Lala Lajpat Sarani, Kolkata-20 with head office at Tower-C, 12th floor, Block-2, Building-3, Infinity Tower, DLF Cyber City, Gurgaon-122022, Hariyana with a prayer (a) for a declaration that the claim of the o.p. is false and fictitious and the complainant need not to pay any further to the o.p. (b) for cancellation of credit cards permanently, (c) injunction against the o.p. from landing monthly statements and letters and from making phone calls to harass the complainant and the member of his family without just cause, (d) damages and/or compensation amounting to Rs.50,000/- for harassing the complainant and his family members without any just cause and (e) for litigation cost and such other reliefs as the Forum may deem fit and proper. Specific case of the complainant is that the statement as on 11.5.07 shows that Sri Saikat Dhar, his son, additional credit card holder (card no.4006 6610 1537 7489) took a cash advance of Rs.2500/- on 23.3.07, though the same was not taken by his son on 23.3.07 (annex-4). The complainant contends that had his son taken this said amount of Rs.2500/- (even without his knowledge) then it was his son who had to pay it back through the primary card holder (complainant). This apart, both the unsigned cards, viz. primary card and additional card were lying with the complainant at his residence on 23.3.07 and were never used (annex-10 e) since the expiry of old card. Thus, the question of withdrawing money from the ATM of the o.p. on 23.3.07 does not arise at all (annex-10 a). This fact of non drawal of money amounting to Rs.2500/- was brought to the notice of o.p. by telephone but without any effect. Then a letter was sent to the o.p. through e-mail and ultimately the reply of o.p. came on 30.5.07 to the effect that they have taken a note of his request regarding the disputed transactions on his card account and they have referred the contents of his communication to the concerned department for necessary action from their end. They would be intimating him (complainant) shortly on the status of the same (annex-5). But such an intimation is yet to reach the complainant. The complainant made a payment of Rs.25600/- only to the o.p. in full and final payment of their dues (with errors and omissions excepted) on 19.6.07 by UBI cheque no.208556 leaving aside the disputed amount of Rs.2500/- shown as debit in the additional credit card account of Saikat Dhar and the above remitted amount was acknowledged by the o.p. on 21.6.07 (annex-10 c & 10 d). The complainant in his letter dt/30.5.07 stated that the alleged cash withdrawal of Rs.2500/- on 23.3.07 was arbitrary and untenable, since the credit card and additional card were expired in October 2006 and thereafter the new cards issued by the bank was unsigned and not used by the complainant or his son. And the complainant requested the o.p. to reverse the inappropriate debit account (annex-10a). The complainant in his letter dt.20.6.07 addressed to Sri Ajay Misra with kind attention to Sri Ajay Bharti, Asst. Vice President, Customer Services, requested the o.p. to discontinue the said credit cards with immediate effect and intimate the deactivation of the credit cards under intimation to him (annex-10e). But there was no response from the o.p. Rather they used to send monthly statement with increasing amount every time without any basis (annex-6). Last but not the least, the o.p. was making frequent telephone calls at the complainant’s residence as well as at his son’s residence uttering frightful and obnoxious languages which has made the lives of the complainant and his son miserable. Hence this case. Decision with reasons : Before arriving at any decision, let us see whether Sri Saikat Dhar, additional credit card holder (card no.4006 6610 1537 7489) had taken the cash of rs.2500/-actually against his additional card on 23.3.07 (annex-4). From the statements of account from April 2007 and onwards except May 2007 it is evident that in those statements of account issued by the o.p. there is no mentioning of cash advance debit of Rs.2500/- (annex- statements of account from April 2007 and onwards except May 2007 supplied by the complainant –letter & annexure-4). It is interesting to note that according to o.p’s version, the cash advance was taken by the additional card holder Saikat Dhar on 23.3.07, but the same was not reflected in the statement of account dt.11.4.07 (annex-3) which should have been shown there. Only the same was shown abruptly in the statement of account dt.11.5.07 without citing any reason for such irregularity from the point of maintenance of accounts (annex-4). Without mentioning in their statements of account except for May 2007, the o.p. sent letters and charge slip to the complainant one after another asking for payment of the alleged said cash advance (annex-4 to 7, 8 & 10b). From the record it is evident that the o.p. failed to submit w/v in spite of their assurance to do so and consequently order for ex parte hearing was issued as per order no.6 dt.26.11.08 and accordingly complainant filed BNA on 17.3.09 and prayed for for time to file some other documents. The matter was hard at length ex parte on 22.4.09. From the documents on record, it is evident that the o.p. did not adduce any evidence in support of their contention that Sri Saikat Dhar, the additional card holder took cash advance amounting to Rs.2500/- on 23.3.07. It is evident from the petition of complaint, affidavit of evidence and documents on record that the credit card in question expired in October 2006 and thereafter, the new cards issued by the o.p. to the complainant and additional card holder were not signed and used ever, which was found true from the statements of account (annex-2,3,6 & statements of accounts submitted later by the complainant). Rather it is evident from the documents on record that the complainant asked for deactivation of cards (annex-10c & 10d) and reversing the amount of fictitious amount of cash advance. Thus, having due regard to the above fact, it is evident that the cash advance was not at all taken by Sri Saikat Dhar, the additional card holder and the asking for payment of alleged cash advance by the o.p. is not only arbitrary but unfair trade practices. The absence of o.p. and their failure to file w/v in spite of assurance that they would submit w/v indicates that they have nothing in their gloves to controvert the allegations of the complainant. Hence, ordered, that the o.p. is directed to reverse the alleged cash advance of Rs.2500/- and to intimate the complainant regarding full and final settlement of the outstanding dues in view of his payment of Rs.25,650/- which was received by o.p. on 21.6.07. O.p. is directed to cancel the credit cards for good with immediate effect. O.p. is directed to stop the sending of monthly statement and letters and from making threatening calls to the complainant and his family members without any reason. Besides the complainant is awarded a compensation amounting of rs.25,000/- (Rupees twenty five thousand) only and litigation cost of Rs.10,000/- (Rupees ten thousand) only to be paid by the o.p. within thirty days from the date of communication of this order and in default, the o.p. will have to pay interest @ 10% p.a. on the awarded amount of Rs.35,000/- (Rs.25,000 + Rs.10,000) till its payment in full. Fees paid are correct. Accordingly, the case is disposed of from this Forum. Supply certified copy of this order to the parties on receipt of prescribed fees. _____Sd-_______ _____Sd-_______ MEMBER PRESIDENT | 
