DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi- 110016
Case No.762/2008
Sudhira Kami
W/o Shri Prakash Kami
R/o E-37 (1st Floor),
Jeevan Park, Uttam Nagar,
New Delhi-110059
….Complainant
Versus
SBI Cards & Payments Services Pvt. Limited
11, Parliament Street,
New Delhi-110001
….Opposite Party
Date of Institution : 21.11.2008
Date of Order : 29.10.2022
Coram:
Ms. Monika A Srivastava, President
Ms. Kiran Kaushal, Member
Sh. U.K. Tyagi, Member
ORDER
President: Ms. Monika A Srivastava
Complainant has filed the present complaint seeking furnishing of statements since December 2005 till date pertaining to her credit card as also reversal of service interest and service charges including late payment fee levied by the OP since January 2005 till the filing of complaint. The Complainant is also seeking declaration of bills raised after November 2007 as null and void. The Complainant also seeks refund of Rs.15294/- that is over paid by the Complainant to the OP along with interest, compensatory cost of Rs.50,000/- along with litigation expenses.
- The Complainant has filed the present complaint alleging deficiency in service and unfair trade practice on the part of the OP which has caused mental agony and harassment to the Complainant.
- It is stated by the Complainant that she was issued credit card number 4317575704084871 by the OP in 2003 and the OP is harassing the Complainant since June 2006 by one way or another.
- It is further stated by the Complainant that the OP was sending the statement of accounts showing the payments being credited and the transactions debited in the account of the Complainant on a monthly basis through Courier at her address situated at Uttam Nagar till November 2005.
- It is further stated by the Complainant that the OP started imposing several allied charges on Complainant illegally and arbitrarily since January 2004 and insurance fee under protection plus credit shield premium since May 2005 without the consent of the Complainant. It is stated that the Complainant imposed Rs.33075.83/- under different heads which the Complainant is not liable to pay.
- It is stated by the Complainant that though he sought clarification for the charges illegally and arbitrarily imposed and demanded refund of the same by way of a legal notice dated 13.01.2007 however, no reply was received by her.
- It is stated by the Complainant that the OP started harassing, insulting and defaming the Complainant at home and at workplace in front of colleagues, relatives, guests and neighbours of the Complainant through their agent without providing the statement of accounts despite the fact that the complaint has paid Rs.98925/- against actual liability of Rs.83631/-i.eRs.15294/- more than her actual liability to avoid the harassment, insults, misbehaviour and mental agony caused by the agents and officials of the OP.
- It is stated by the Complainant that such acts of the OPare wrong and against the observations made by the Hon’ble Supreme Court in ICICI Bank Ltd. vs Prakash Kaur and Ors. regarding the role of recovery agents in Criminal Appeal no. 267 of 2007.
- It is stated by the Complainant that one of the agents of the OP named Sh. Puran visited the residence of the Complainant on 20.06.2006 and demanded Rs.4,000/- as instalment for the year 2006 which had already been paid through cheque number 177671 and was debited on 08.06.2006 from the bank account of the Complainant.
- It is stated by the Complainant that Sh. Puran Chand and Sh. Yashpal Chauhan who stated himself to be an advocate threatened the Complainant and forcefully got a cheque bearing number 199677 dated 28.06.2006 of Rs.3000/- signed and delivered to them. Further, on 30.06.2006. Mr. Puran again visited Complainant’s school and started abusing and insulting her in front of her colleagues and extorted Rs.2,500/- against the said cheque of Rs.1,99,677/- and promised not to present the said cheque.
- It is stated by the Complainant that the said cheque was then presented and got bounced against which the OP then filed a complaint under Section 138 of the Negotiable Instruments Act with malafide intention to harass the Complainant.
- It is further stated by the Complainant that one of the agents named Sh. Zahid visited the complaint on 16.10.2006 and was convinced that after going through all the documents that the complaint has not only paid the due but excess payment has been made by the Complainant. The Complainant was assured that the concerned official would be sent for settlement of the Complainants but no one thereafter turned up for the said purpose.
- It is stated by the Complainant that different agents/official visited at different times at the workplace and residence of the Complainant with the purpose of extorted money by harassing, misbehaving, insulting and defaming the Complainant and for that reason the Complainants also filed police complaint on 17.12.2006 and 28.12.2006 at Uttam Nagar against the agents and officials of the OP.
- It is stated by the Complainant that all these acts speak of the OP being guilty of deficiency in service and is guilty of unfair trade practice as these acts of the OP have caused lot of pain, agony, physical and mental injury, psychological stress and discomfort to the Complainant besides loss of money.
- In their reply, the OP has mostly denied all the allegations made by
the Complainant and stated that it is the Complainant who has not paid outstanding as per the terms agreed upon between the parties.
- It is further stated by the OP that the complaint had opted for ‘one
protection plus insurance policy’ which was duly sourced through the
card application form and which the Complainant duly consented
and signed.
- It is denied by the OP that they have wrongly imposed arbitrary charges of Rs. 33075.83/- which the Complainant is not liable to pay and therefore the question of refund of surcharges is totally uncalled for.
- The OP as stated that the Complainant has defaulted in the payment of outstanding dues as per the monthly statement of accounts therefore various charges were levied under the aforesaid credit card account of the complaint.
- The OP has denied that there was any harassment, insults or defaming of the Complainant either at workplace or at her home in front of colleagues, relatives, guests and neighbours. It is stated by them that it being a company of immense repute does not indulge in any illegal means to recover the outstanding dues from a customer.
- It is denied by the OP that the Complainant did not receive any statement of accounts or reply to her letters. It is further denied that the OP has caused any pain, agony, physical and mental injury or any loss to the Complainant.
To the reply of the OP, the Complainant has filed the rejoinder, both the parties have filed their respective evidence affidavits as well as written submissions. This Commission has carefully gone through the entire documents on record and it is noticed that in the application form, the Complainant has duly signed on the ‘One Protection plus insurance policy’ being taken along with the card.
Therefore, it is held that OP has validly charged the credit card of the Complainant for the policy and since the Complainant had not paid the said dues, interest and other charges were accordingly imposed. Consequently, such charges imposed on the Complainant cannot be reversed.
However, the other allegations made by the Complainant against the OP of sending their collection agents to recover money from the Complainant has been evasively denied by the OP and are therefore deemed to be admitted, whereas the Complainant has categorically mentioned even the names of the agents of the OP who had come to collect the outstanding amount from the Complainant. Assuming that the OP had a right to recover its dues, it has to recover the dues legally and not by hiring collection agents.
The OP is therefore, liable to pay a sum of Rs.25,000/- on account of mental harassment caused to the Complainant. This compensation shall be payable by the OP within three months from the date of this order failing which it will carry an interest @ 5% p.a till realization.
File be consigned to the record room and order be uploaded on the website.
