BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENAKUMARI. A : MEMBER

SMT. S.K.SREELA : MEMBER

C.C. No. 02/2009 Filed on 02.01.2009

Dated : 15.05.2010

Complainant:

Dr. S. Radhakrishna Pillai, B6-Tennis Club Enclave, Jawahar Nagar, Kowdiar P.O, Thiruvananthapuram.

(By adv. S. Reghukumar)

Opposite parties:

1. SBI Cards & Payment Services Pvt. Ltd., P.B. Bag No. 28, G.P.O New Delhi-110 001 represented by its C.E.O.

    

2. Customer Correspondence Unit(The Charge Back Department), SBI Cards & Payment Services Pvt. Ltd., DLF Infinity Towers, Tower C, 12^th Floor, Block-2, Building-3, DLF Cyber City, Gurgaon, Haryana-122 002

   represented by its C.E.O.

    

3. SBI Cards & Payments Services Pvt. Ltd., Althara Junction, Vazhuthacaud.

This O.P having been heard on 10.05.2010, the Forum on 15.05.2010 delivered the following:

ORDER

SMT. S.K.SREELA : MEMBER

The case of the complainant is as follows: The complainant is a professor in the Institute of Management in Government, Thiruvananthapuram. Complainant availed the services of the opposite parties by subscribing a credit card bearing Card No. 4377 486509173256, the credit limit of the said card is Rs. 1,29,000/-. Complainant was using the said card for the last 1 year and was adhering to the repayment schedule without fail or delay. Complainant’s purse was stolen on 12.06.2008 when he was in Cochin for a personal visit. The said purse contained two credit cards viz; the SBI Credit Card and the Credit Card of Standard Chartered Bank and with loss of the purse both credit cards were irrecoverably lost. Immediately on noticing the loss of the Credit Cards the complainant with the help of the Manager of KEMCO Factory shop Mr. Nityanand and his staff contacted SBI Card Customer Helpline of the opposite parties as well as the Standard Chartered Bank and reported the loss of the credit cards and requested to stop the operations/transactions of the credit cards. The lady who attended the phone at the SBI Card Customer Helpline verified the credentials by asking the details. After that the said lady re-confirmed about the last operation through the said credit card. The complainant re-confirmed, the said lady immediately confirmed that the operations of the card is blocked. Thereafter complainant asked the lady whether he has to do any further procedural steps to prevent anybody from illegally using the credit card. Then the said lady assured the complainant that nobody can use the card once it was blocked and he need not worry about the same. Further the complainant lodged an FIR in the Kalamassery Police Station numbered as FIR No. 1476/08. The complainant got a message in his mobile phone to the effect that his outstanding balance is more than Rs. 92,000/- about 3 weeks after the loss of the card and reporting of the loss. On enquiry they informed the complainant that there were several transactions on 12^th and 13^th of the June even after loss intimation to the opposite parties. Complainant informed the loss to the opposite parties on 12.06.2008 at 11 a.m. i.e; immediately after noticing the loss of the card. But the opposite parties took one more day to block the card allowing the culprit to make transaction of the sort that happened on the 12^th and 13^th. It is submitted that the complainant is not liable to pay the disputed amount of Rs. 64,482.07. The said transaction took place after information to the opposite parties regarding the loss and the corresponding assurance that the card has been blocked. The opposite parties are still demanding the amounts for the transactions that occurred after the intimation of loss of the card to the opposite parties. The said demand of the amount constitutes deficiency in service and unfair trade practice. Hence this complaint.

Inspite of acceptance of notice from the Forum, the opposite parties never appeared nor filed any version before the Forum. Hence opposite parties remain exparte.

Complainant has filed affidavit in lieu of chief examination and marked Exts. P1 to P4.

The issues that would arise for consideration are:-

1. Whether there is any deficiency in service on the part of the opposite parties?

2. Whether the complainant is entitled for any compensation as claimed in the complaint?

3. Reliefs and costs.

Points (i) to (iii):- Complainant has alleged that the loss of SBI Credit Card bearing No. 4377 4865 0917 3256 was brought to the notice of the opposite parties immediately after its loss on 12.06.2008. But now the complainant has been slapped with a bill for Rs. 92,000/-, 3 weeks after the loss of the card. At this juncture the aspect to be looked into is whether the loss of card has been informed to the opposite parties in time as pleaded in the complaint.

Complainant has sworn in the affidavit filed in lieu of chief examination that immediately on noticing the loss of his credit card he had reported the loss to the opposite parties’ SBI Card Customer Helpline and the lady had confirmed that the operation of the card has been blocked. Further when the complainant enquired whether the complainant has to do any further procedural steps to prevent anybody from illegally using the credit card for which the lady had answered that nobody can use the card once it was blocked. Furthermore the complainant has sworn that he had lodged a FIR in the Kalamassery Police Station numbered as FIR No. 1476/08. The opposite parties have not cross examined the complainant. Hence his sworn statement stands unchallenged. Moreover, the documents on record which stand uncontroverted also go to show that the opposite parties were informed about the loss of card by the complainant in time. Taking into consideration the documents and the affidavit of the complainant, we are of the view that there is gross negligence on the part of the opposite parties in not blocking the card of the complainant immediately after the receipt of the complaint regarding loss of card. In the above circumstance it is found that the complainant is not bound to pay the amount of Rs. 64,482.07 covered under the said period of loss of card.

In the result, complaint is allowed. The complainant is found not liable to pay Rs. 64,482.07/- as claimed by the opposite parties and the opposite parties are hereby directed not to claim any amount from the complainant for the transactions in the said card after 12.06.2008, 11 a.m. The opposite parties are further directed to pay an amount of Rs. 3,000/- towards compensation and Rs. 2,000/- as costs to the complainant within a period of one month failing which the entire amount above mentioned shall carry interest @ 12% till realization.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 15^th day of May 2010.

S.K. SREELA : MEMBER

G. SIVAPRASAD : PRESIDENT

BEENAKUMARI. A : MEMBER

jb

C.C. No. 02/2009

APPENDIX

I COMPLAINANT’S WITNESS :

NIL

II COMPLAINANT’S DOCUMENTS :

P1 - Copy of letter dated 06.08.2008 from complainant.

P2 - Copy of dispute form.

P3 - Copy of letter dated 20.09.2008 from complainant.

P4 - Copy of account statement.

III OPPOSITE PARTY’S WITNESS :

NIL

IV OPPOSITE PARTY’S DOCUMENTS :

NIL

PRESIDENT