DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 35/2017
D.No.________________________ Date: ________________
IN THE MATTER OF:
VINAY BIR BARAIKS/o LATE SH. J.M. BIR,
R/o FLAT No.19, GANGOTRI APPARTMENT,
F-BLOCK, VIKAS PURI, NEW DELHI-110018. … COMPLAINANT
Versus
SBI CARDS & PAYMENT SERVICES PVT. LTD.,
REGD. OFFICE: UNIT 601 & 602, 4th FLOOR,
AGGARWAL MILLENIUM TOWER,
E-1, 2 & 3, NETAJI SUBHASH PLACE,
WAZIR PUR, NEW DELHI-110034. … OPPOSITE PARTY
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 06.01.2017
Date of decision:08.01.2020
SH. BARIQ AHMED, MEMBER
ORDER
1. The complainant has filed the present complaint against OP under Section 12 of the Consumer Protection Act, 1986 thereby alleging that OP through its agents and employees approached the complainant to have a credit card of OP and in pursuance to which the complainant was issued the credit card bearing no. 000431 7575705010784. Thereafter, in due course certain transaction were made in the said card by the complainant and as the interest rate of OP was too high the complainant approached OP for settlement of
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the total dues and in pursuance to the said OP agreed to settle the dues to a sum of Rs.4,000/- to be paid in one go with the promise to close the account and issue a No Objection letter. The complainant further alleged that on believing the words of OP the complainant paid the amount of Rs.4,000/- in cash to the authorized vendor of OP named Wings C190, Naraina, Delhi on 29.05.2008 vide receipt no. 11277571 book no.225552 and against which a No Objection Letter was also handed over to the complainant by the said agent of OP. Thereafter, the complainant again received a letter from OP for payment of an outstanding against the said credit card to the tune of Rs.35,146/- and the complainant made a telephonic complaint on 23.09.2009 regarding settlement and also handed over the settlement receipt as well as the letter to the representative of OP and since then nobody approached the complainant till June-2016. In the month of June-2016, the complainant again received a letter from OP dated 10.06.2016 with a demand to pay Rs.6,925/- in one go and settle the dues of total outstanding Rs.69,025/- and after the settling of dues and issuance of NOC, OP has neither settled the account as on date and neither has removed the name of the complainant from CIBIL which has caused to the malignment of the reputation of the complainant by low CIBIL score and thus leading into declining of various loans and inspite of many requests shows clear cut deficiency in service on the part of OP.
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2. On these allegations the complainanthas filed the present complaint praying for direction to OP to pay to the complainant a sum of Rs.1,50,000/- towards the money payable for the maligning the reputation and mental agony and harassment
3. OP has been contesting the case and filed written statement wherein OP submitted that the complaintis not maintainable and is liable to be dismissed. OP further submitted the complaint is barred limitation and the complainant has no cause of action in his favour and the complainant ought to have approached the arbitrator as per the arbitration clause in the agreement. Op further submitted that due to exceptional basis OP is in the process of zeroing the credit card account and no due certificate will be issued to the complainant in due course.
4. The complainant filed replication and denied the contentions of OP.
5. In order to prove the case, the complainant has filed affidavit in evidence and also filed written arguments. The complainant also filed copy of receipt no.11277571 book no.225552 dated 29.05.2008 for payment of Rs.4,000/- for the card no.4317575705010784, copy of No Dues Certificate issued by OP, copy of letter dated 18.09.2009 sent by OP to the complainant regarding payment of outstanding dues of Rs.35,146.15 with respect to SBI Credit Card No. 0004317575705010784 and copy of letter dated 10.06.2016 sent by OP to the complainant showing
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outstanding of Rs.69,025.38 and asking settlement amount of Rs.6,925/-.
6. On the other hand, Sh. Punit Babbar, Attorney of OP filed his affidavit in evidence which is as per lines of defence taken by OP in the written statement. OP has also filed written arguments. In his evidence Sh. Punit Babbar has stated that as of now the credit card account of the complainant stands zeroized on the system and OP has issued the No Dues Certificate.
7. This Forum has considered the case of the complainant in the light of the documents placed onrecord by the complainant.The case of the complainant has remainedconsistent and undoubted and there is nothing on record to disbelieve the case of the complainant and we find force in the arguments of the complainant.OP has not disputed the fact that “Wings-C-190, Naraina, Delhi is an authorized vendor of OP company and has not disputed the fact that an amount of Rs.4,000/- in cash on 29.05.2008 towards full & final settlement with respect to outstanding amount in respect of above said credit card of the complainant has been received by the said authorized vendor and the No Dues Certificate was issued to the complainant. Issuance of demand letters dated 18.09.2009 and 10.06.2016 by OP and failure on the part of OP to up-date its system amounts to deficiency in service. Non up-dation of the credit card account of the complainant has affected CIBIL of the complainant which might have resulted in loss of reputation and
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have caused mental agony and harassment to the complainant. Accordingly, in the light of above OP is held guilty of deficiency in service. Accordingly, this forum directs OP as follows:
i) To pay to the complainant an amount of Rs.25,000/- as compensation for harassment and mental agony suffered by the complainant.
ii) To pay to the complainant amount of Rs.6,000/- towards cost of litigation.
8. The above order shall be complied by OP within 30 days from thedate of receiving copy of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% per annumfrom the date of receiving copy of this order till the date of payment. If OP fails to comply with the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
9. Let a copy of this order be sent to each party free of cost as per regulation 21 of The Consumer Protection Regulations-2005. Therefore, file be consigned to record room.
Announced on this 8thday of January, 2020.
BARIQ AHMED USHA KHANNA M.K.GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
UPLOADED BY : SATYENDRA JEET
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