| DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MUMBAI SUBURBAN | | NEW ADMINISTRATIVE BUILDING, 3RD FLOOR, OPP.DR.BABASAHEB AMBEDKAR GARDEN , BANDRA (EAST), DISTRICT-MUMBAI SUBURBAN -400 051, MAHARASHTRA. |
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| Miscellaneous Application No. MA/41/2021 | | ( Date of Filing : 13 Oct 2021 ) | | In | | Complaint Case No. CC/366/2021 |
| | | | 1. MR. ABHAY LAXMAN MAINKAR. | | RESIDING AT 402, DIVYA SATKAR CO-OP HOU. SOC. LTD, GAURAV GARDEN COMPLEX, BANDAR PAKHADI MARG, NEAR GANESH CHOWK, KANDIVALI WEST, MUMBAI-400067. | | 2. MRS. ANAGHA ABHAY MAINKAR. | | RESIDING AT 402, DIVYA SATKAR CO-OP HOU. SOC. LTD, GAURAV GARDEN COMPLEX, BANDAR PAKHADI MARG, NEAR GANESH CHOWK, KANDIVALI WEST, MUMBAI-400067. |
| ...........Appellant(s) | |
| Versus | | 1. SBI CARDS & PAYMENTS SERVICES PVT LTD. | | OFFICE ADDRESS AT UNIT 401 & 402, 4TH FLOOR, AGGARWAL MILLENNIUM TOWER, E1,2,3 NETAJI SUBHASH PLACE, WAZIRPUR, NEW DELHI-110034 AND ITS CORRESPONDENCE ADDRESS AT DLF INFINITY TOWERS, TOWER C, 12TH FLOOR, BLOCK 2, BUILDING 3, DLF CYBER CITY, GURGAON 122002, HARYANA. |
| ...........Respondent(s) |
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| BEFORE: | | | | HON'BLE MS. PREETHI CHAMIKUTTY PRESIDING MEMBER | | | HON'BLE MRS. SHARADDHA M. JALNAPURKAR MEMBER | |
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| Dated : 12 Jan 2023 |
| Final Order / Judgement | ORDER IN MA/41/2021 PER – Hon. Member PREETHI CHAMIKUTTY - Present application is filed by Complainant praying for restraining Opposite Party (O.P.) servants, agents and/or any other person/s claiming under or through them from demanding, extorting, threats and harassing regarding alleged recovery of dues or arrears in respect of Credit Card account in any manner.
- In reply to the application, O.P. states that preset complaint is filed beyond limitation, that Complainant is irregular in making payments, and during one settlement entered into between parties in 2007, Complainant had given cheque no. 633048 for amount of Rs.5,000/- in October 2007, which bounced due to insufficient funds, copy of the payment details is annexed with the reply. Accordingly two payments made by Complainant bounced and settlement is not fulfilled and hence it is void. O.P. further states that as of date outstanding of Rs.75,641/- is due on card account, which has to be paid by Complainant, and he has suppressed facts before this Commission. That Complainant has not made any payment and utilized public money, which is legimately due as per terms and conditions, and he has approached this Commission to avoid making payment and get more time for non-payment of dues. O.P. prays that present application be rejected as it is devoid of merits and main complaint also ought to be dismissed on this ground.
- Both parties have argued on this application. We concur with the averments made by O.P. that Complainant has used public money and is liable to make repayment of same. O.P. have attached the statement of payment made by Complainant, wherein it can be seen that certain cheques have bounced due to insufficient funds. This fact has not been denied by Complainant. Therefore without entering into merits of the matter, we opine that Complainant is liable to make the said payment which was part of the settlement agreed between the parties in year 2007, but which seems to have not been complied by him. Under the circumstances, we pass the following order :
O R D E R 1) M.A. /41/2021 is partly allowed. Complainant is directed to pay Opposite Party Rs.10,000/- (Rupees Ten thousand only) within one month from the date of this order. 2) Opposite Party is directed not to take any coercive steps during pendency of this complaint, leave granted to invoke legal procedures and steps necessary for recovery of lawful outstanding from Complainant. 3) Application is disposed off. gmp/- | |
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| | | [HON'BLE MS. PREETHI CHAMIKUTTY] | PRESIDING MEMBER
| | | | | | [HON'BLE MRS. SHARADDHA M. JALNAPURKAR] | MEMBER
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