This day is fixed for Ex-parte hearing.

 None appears on behalf of the OP nor takes any steps on repeated calls.  It is now 3 p.m.

 The complainant led evidence by way of affidavit in-chief coupled with several documents as per list. 

 Heard Ld. Advocate. 

Perused the complainant and the materials on record. 

This is a case for direction upon the OP not to make any demand of any amount in respect of the Credit purchase dated 5.03.07 and for compensation.

 The case of the complainant in short is that the complainant applied for Credit Card and accordingly a Credit Card bearing No.5264685315728814 with a credit limit of Rs.20,000/- was issued by the OP in favour of the complainant.  On 15.03.07 the complainant made a purchase from P.C. Chandra Jewelers through the said Credit Card amounting to Rs.12,915/-.  Subsequently, the complainant received a statement of credit purchase from the OP dated 02.04.07 showing the claim of Rs.14,270.33/- from the complainant.  After receiving the said statement the complainant then and there issued a cheque bearing No.996766 for Rs.14,270.33/- dated 08.05.2007 drawn upon SBI.  The said cheque was cleared on 09.05.07 against the said payment in full and final in terms of the statement of credit purchase and issued a certificate to that effect.  Subsequently, in the month of April’08 the complainant received a telephone call from Delhi demanding the said sum of Rs.14,270.33/-.  In spite of receiving reply over the payment of the said amount the OP on different dates threatened to take legal action against the complainant.  Ultimately, a sum of Rs.41,023.70/- was demanded towards credit purchase dated 15.03.07.  The complainant received legal notice from the OP demanding a sum of Rs.41,023.70/- and when the complainant was threatened on various grounds and also threatened for taking legal action against him it caused annoyance for which the instant case has been filed for proper relief. 

The case has been filed supported by affidavit. 

In addition the complainant led evidence supported by affidavit denying the alleged claim of the OP. 

All the documents support the claim of the complainant particularly the Certificate issued by the Branch Manager, State Bank of India dated 11.10.07 after putting its official seal it reveals that the cheque bearing No.996766 dated 08.05.07

has been received by the said collecting Bank, State Bank of India, Hakimpara Branch and the said cheque has been paid on 09.05.07.  The monthly statement issued by SBI card dated 22.04.07 also goes to show about the claim of Rs.14,270.33/- and the same was paid through a cheque which was accepted by the State Bank of India, Hakimpara Branch and duly paid therein.  Therefore all the documentary evidence supports the case of the complainant and as such the complainant’s claim is sustainable by way of unchallenged oral testimony coupled with documentary evidence and such demand also amounts to deficiency of service upon the complainant who is a Consumer under the C.P. Act, 1986.  Therefore, the complainant is entitled to get decree against the OP restraining them from demanding any claim as per notice.

In the result, the claim succeeds Ex-parte. 

Hence, it is

                        O R D E R E D

that the Consumer Case No.71/S/2009 is allowed Ex-parte with cost of Rs.500/-. 

The complainant is entitled to get a decree restraining the OP from making any demand of any amount from the complainant in respect of credit purchase dated 15.03.07.

Considering the circumstances, no compensation is awarded.

The OP is directed to follow the direction as made above and is also directed to pay the cost of Rs.500/- within one month from the date hereof failing which the complainant is at liberty to put the decree in execution. 

Let Xerox copies of this Ex-parte order be supplied to the parties free of cost.