In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 68 / 2011.
1) Mr. Purnendu Sarkar,
Chak Chatta Para, P.O. Raipore,
P.S. Mahestala, Kolkata-700141. ---------- Complainant
---Versus---
1) SBI Cards & Payment Services Pvt. Ltd.,
234/3A, A.J.C. Bose Road, Fortuna Building,
3rd Floor, Kolkata-700020, P.S. Bhawanipur.
2) The Manager – Payment Assistance SBI Cards & Payment Services Pvt. Ltd.,
DLF Infinity Towers, Tower C, 12th Floor,
Block 2, Building 3, DLF Cyber City, Gurgaon-122002. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. A. B. Chakraborty, Member
Order No. 12 Dated 20/02/2012.
The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by complainant Purnendu Sarkar against the o.ps. SBI Cards and Payments. The case of the complainant in short is that complainant took credit card bearing no.4317575074635583 from the o.ps. But after sometime complainant noticed that exorbitant bills were being sent against the credit card and complainant enquired about that and a settlement was arrived at between the parties. as per terms and conditions complainant paid Rs.6000/- at a time on 24.12.08 in cash following settlement letter no.127835 dt.24.12.08. But ‘no due certificate’ was issued to him in spite of several reminders. Subsequently complainant was asked to deposit a further sum of Rs.790/- and on 31.12.08 complainant paid the said amount. In spite of that ‘no due certificate’ was not issued. Hence, the case.
O.ps. had entered their appearance by filing w/v and denied all the materials allegations labeled against them and prayed for dismissal of the case.
Decision with reasons:
We have gone through the pleadings and evidence and documents in particular available on record. It is an admitted position that complainant and o.ps. arrived at a settlement and according to the terms and condition s complainant paid Rs.6000/- in cash and thereafter a further claim of Rs.790/- by o.ps., complainant made payment of Rs.790/- and despite the same o.ps. did not issue ‘no due certificate’. It is pertinent to mention here that o.ps. in their w/v have stated that they did not claim Rs.790/- nor return back the said money to the complainant and on the other hand, further stated that they had issued ‘no due certificate’ in favour of complainant through his ld. advocate. Be that as it may complainant has come forward with the instant case with a prayer for return of Rs.790/- and for issuance of ‘no due certificate’.
It is surprising to take note that it is averment of o.ps. that they issued ‘no due certificate’ through the ld. advocate of the complainant. Had it been actually so o.ps. could have well served a copy of the ‘no due certificate’ to the complainant, but which they did not do and the presumption goes in favour of the complainant and we find clear deficiency on the part of the o.ps. being a service provider to its consumer / complainant and complainant is entitled to relief as prayed for.
Hence, ordered,
That the petition of complaint is allowed on contest with cost against the o.ps. O.ps. are directed to pay a sum of Rs.790/- (Rupees seven hundred ninety) only together with interest @ 9% p.a. from the date of deposit and till the date of realization. O.ps. are further directed to issue ‘no due certificate’ in favour of the complainant. O.ps. are further directed to pay compensation of Rs.4000/- (Rupees four thousand) only for harassment and mental agony and litigation cost of Rs.2000/- (Rupees two thousand) only. O.ps. are directed to comply with the above order within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties.
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MEMBER PRESIDENT
