IN THE DISTRICT CONSUMERS’ DISPUTES REDRESSAL FORUM AT MYSORE<br /> <br /> PRESENT: 1. Shri.A.T.Munnoli<br /> B.A., L.L.B (Spl.) - President <br /> <br /> 2. Smt.Y.V.Uma Shenoi<br /> M.Sc., B.Ed., - Member<br /> 3. Shri. Shivakumar.J.<br /> B.A., L.L.B., - Member<br /> <br /> CC 141/09 DATED 14.12.2009<br /> ORDER<br /> <br /> Complainant Smt. Geetha Maria Lobo<br /> W/o late T.C.Mohan Kumar, <br /> R/at D.No.73, 8th Main, SJH Road, Vidyaranyapuram, Mysore.<br /> <br /> (By Sri.J.Jayaprakash, Advocate)<br /> <br /> Vs. <br /> Opposite Parties 1. The Manager, SBI CPSL, P.B.No.24, G.P.O.New Delhi.<br /> <br /> 2. The Supervisor, SBI Card Collection Centre, No.1774, 2nd Floor, 5th Cross, Near Hero Honda Show Room, Anikethana Road, Kuvempunagara, Mysore.<br /> <br /> (By Sri. H.S.Kumar, Advocate)<br /> <br /> Nature of complaint : Deficiency in service<br /> Date of filing of complaint : 09.04.2009<br /> Date of appearance of O.P. : 30.10.2009<br /> Date of order : 14.12.2009<br /> Duration of Proceeding : 1 MONTHS 15 DAYS<br /> <br /> <br /> PRESIDENT <br /> <br /> <br /> <br /> MEMBER<br /> <br /> <br /> MEMBER<br /> <br /> <br /> Sri. A.T.Munnoli,<br /> President<br /> <br /> 1. The complainant has filed the complaint against the opposite parties, seeking a direction to the opposite parties to pay compensation of Rs.75,000/- and further to quash the demand notices of the opposite parties, holding that same are illegal and to grant such other reliefs deemed fit.<br /> 2. Amongst other facts, in the complaint it is alleged that, the complainant was credit card holder of the first opposite party bearing No.4317575034903105. Upto 2006 she used the card up to Rs.15,000/- only. The first opposite party has imposed heavy interest of Rs.4,000/- and orally demanded Rs.19,000/-. On the request of the complainant, the first opposite party waived interest of Rs.1,000/-. Accordingly, on 28.092006, the complainant paid Rs.18,000/- and surrendered the credit card. In spite of it, the first opposite party demanded Rs.14,151/- on 11.10.2008, Rs.15,947/- on 09.12.2008, Rs.17,000/- on 02.03.2009 and Rs.20,790/- in the month of September 2009. Said demands made by the first opposite party, are illegal. On these grounds, it is prayed to allow the complaint.<br /> 3. The opposite parties filed version, contending that, no specific reliefs sought by the complainant and the grievance of the complainant alleged is issuance of the bills. It is contended that, the complainant is not a Consumer and hence, complaint is not maintainable. Further, it is contended that, the opposite parties are non-banking sector companies issuing credit cards to the general public on the terms and conditions. As per the terms and conditions, if the payment is not made, late payment charges up to 30% and interest at 2.75% whichever greater is levied. As regards payment of Rs.18,000/-, is admitted. However, waiver of Rs.1,000/- is denied. Regarding surrendering of the card certain procedures is narrated and hence, it is contended that, the complainant has not followed the procedure. On these grounds, it is prayed to dismiss the complaint.<br /> <br /> 4. In support of the allegations made in the complaint, the complainant has filed her affidavit and certain documents are produced. On the other hand, for the opposite parties one Amit has filed affidavit. We have heard the documents and produced the records. <br /> 5. Now the points arises for consideration are as under:-<br /> 1. Whether the complainant has proved any deficiency in service on the part of the opposite parties and that she is entitled to the any reliefs sought?<br /> 2. What order?<br /> 6. Our findings are as under:-<br /> Point no.1 : Partly in the Affirmative.<br /> Point no.2 : As per the order.<br /> <br /> REASONS<br /> <br /> 7. Point no. 1:- Without repeating the facts alleged in the complaint and the contentions of the opposite parties in the version, according to the complainant upto the year 2006 she used the card up to Rs.15,000/-, but, the opposite party imposed heavy interest amounting to Rs.4,000/- and hence, they in all demanded Rs.19,000/-. The complainant further claims, she made request to the opposite parties to waive interest to the extent of Rs.1,000/- and accordingly, it was waived. Hence, she paid Rs.18,000/- on 28.09.2006 and surrendered the card. So far concerned to payment of Rs.18,000/-, is admitted by the opposite parties.<br /> 8. The dispute so far concerned to the amount due remains, waiver of interest of Rs.1,000/-. It is true, considering the evidence on record, there is no written intimation of the opposite parties, regarding waving said interest. However, it is relevant to note that, soon thereafter, on 01.10.2006 itself, the complainant has surrendered the card.<br /> 9. The fact that, the complainant has surrendered the card, is not disputed by the first opposite party. But, what the first opposite party contend is that, for surrendering the card, it has to be cut into two pieces and retaining one, the other part shall have to be sent to the first opposite party, but that is not done in the case on hand by the complainant. It is true, complainant has not used that procedure. But, ultimately, it is admitted fact, the complainant has surrendered the card to the first opposite party in the year 2006 itself. Merely because, in the particular format, the complainant has not surrendered the card, does not mean that, the complainant is still using the card.<br /> 10. As could be seen from the records, even though in the year 2006 itself, the complainant surrendered the card and thereafter she has not at all used the same, in the month of September 2009, the first opposite party demanded Rs.20,790/- which prima-facie is without any basis.<br /> 11. Though, the opposite parties contend that, in case of non-payment of the amount in respect of the card, interest and various charges will be levied, firstly, in this regard, opposite parties have not produced any cogent evidence and secondly, at the cost of repetition, in the year 2006 itself the complainant has surrendered the card and hence, the demand made by the first opposite party referred to above, more than Rs.20,000/- in spite of the fact that, the complainant has surrendered card long back, said demand is illegal.<br /> 12. The first opposite party has contended that, the complainant is not a consumer. We found no substance in that contention. In seventh paragraph of the version, the opposite parties themselves have referred the customers has consumer. Then, the opposite party has contended that no specific prayer is made by the complainant. But, in fact, the complainant has made various prayers in the complaint.<br /> 13. Considering the facts, it has been established by the complainant that, though she surrendered the credit card in the year 2006 and thereafter, has not used the card, the opposite party is demanded huge amount and the opposite party is not accepted the surrender of the card on technical ground, which certainly amounts to deficiency in service. Under the circumstances, the first opposite party is bound to accept the surrender of the credit card of the complainant and the demand made thereafter is without any basis.<br /> 14. Accordingly we answer the point partly in affirmative.<br /> 15. Point No. 2:- Considering the discussion made above and conclusion arrived at, we pass the following order:- <br /> <br /> ORDER<br /> <br /> 1. The Complaint is partly allowed.<br /> 2. The first opposite party is hereby directed to accept the surrender of the credit card of the complainant bearing No.4317575034903105 from the date same has been received.<br /> 3. The demand made by the first opposite party from the complainant after the date of surrender of the credit card is not legal.<br /> 4. The first opposite party is hereby directed to pay cost of Rs.1,000/- to the complainant.<br /> 5. Give a copy of this order to each party according to Rules.<br /> <br /> (Dictated to the Stenographer, transcribed by her, transcript revised by us and then pronounced in the open Forum on this the day 14th December 2009)<br /> <br /> <br /> <br /> <br /> <br /> (A.T.Munnoli) <br /> President <br /> <br /> <br /> <br /> (Y.V.Uma Shenoi)<br /> Member<br /> <br /> <br /> <br /> (Shivakumar.J.)<br /> Member<br /> <br />