Date of Filing:18.07.2007<br /> Date of Order:25.06.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> <br /> Dated: 25TH DAY OF JUNE 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> <br /> COMPLAINT NO: 1510 OF 2007<br /> <br /> <br /> Dr. Anand N. Shirolkar,<br /> No.16/2, III Main Road, III Stage, <br /> Kirloskar Colony,<br /> Basaveshwaranagar,<br /> Bangalore-79. Complainant<br /> <br /> <br /> V/S<br /> 1. SBICPL, <br /> Post Bag No.24, <br /> Customer Services,<br /> G.P.O, New Delhi-110 001.<br /> <br /> 2. S.B.I Cards,<br /> GE Capitals Business Process Management<br /> Service Pvt. Ltd.,<br /> No.144/144/1, 4th Floor, <br /> Subrama Complex, M.G. Road, <br /> Bangalore-560 001. Opposite Parties<br /> <br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant stating that, he is a credit card holder of opposite party Bank since the year 2000 and he has been paying dues regularly. He submitted that he had fed up by the attitude of the Bank and requested the Bank for settlement of the account. The complainant submitted that, he has paid the amount on various dates through cheque and also by cash. He has given details of payment made from 6/4/2002 to 19/7/2006. The complainant attached schedule of payment with his complaint. The complainant has requested that, the Bank official or staff or agents shall not give any harassment to him. It is the case of the complainant that the agents of the SBI Credit Card are harassing him and giving mental torture. Complainant is a medical doctor by profession. He submitted that he has approached the Forum against the harassment meted out by the opposite party. <br /> 2. Notice was issued to opposite parties. Opposite parties put in appearance through advocate and filed defence version stating that, the complaint is not maintainable. The complainant has not sought any prayer. Therefore, complaint is liable to be dismissed. Complainant has been filed with intention to avoid payments to opposite party. Therefore, opposite party requested to dismiss the complaint.<br /> <br /> 3. Affidavit evidence are filed. Arguments heard. <br /> 4. The point for consideration is:- <br /> 1. Whether the complainant has proved any deficiency in service on the part of the opposite parties? <br /> REASONS<br /> <br /> 5. By going through the complaint it is not clear has to what is the grievance of the complainant. He has not alleged any deficiency in service on the part of the opposite party Bank. The complainant has not sought any specific prayer against the opposite party in his complaint. Admittedly, the complainant is a Credit Card Holder of opposite party Bank right from 2000. He has attached schedule of payment made by him from 6/4/2002 to 19/7/2006. The complainant has stated that the opposite party Bank officials had assured him that account will be closed since he has made payments as per the instructions of the officials. The complainant has also written letter to the Manager on 14th September-2006 requesting for settlement of the account. The complainant has made allegation that the Bank agents are harassing him and demanding payments. He has also alleged that he fed up with the attitude of the Bank officials. Therefore, he wants to settle the matter and requested that the Bank should give settlement letter and close the account. The opposite party Bank is a nationalized Bank. The opposite party Bank is not entitled to use illegal means for recovery purpose. The opposite party Bank should not give harassment to the customers. If there is any due from the customers it shall be recovered as per letter. The opposite party Bank has to send the statement regularly and take recourse to law in stead of engaging recovery agents etc.,. Complainant is a medical doctor by profession. Doctors are held in high respect in Indian Society. Medical Profession is a Nobel profession. Doctors will be busy in their profession in giving service to the patients. So, under these circumstances, it is uncalled for to engage recovery agents for recovery of dues. If at all there was any due it should be recovered in accordance with law and by any mode known to law. The complainant has to approach Bank ombudsman for settlement of the matter. The alternative remedy is open to the complainant, he can first submit his grievances or representation to the Banking Ombudsman and the matter will be settled there by takeing into consideration of all the issues between the parties. Since the complainant has not sought any specific prayer in this case against the opposite party, there is no question of any deficiency in service on the part of the opposite party. Therefore, the only order that could be passed in this case is that the complainant has to approach the Banking Ombudsman for settling the dispute and for settlement of account etc.,. Secondly, the opposite party Bank shall be directed not to give any harassment or mental torture or engage agents for recovery of dues. If there is any due same shall be recovered in accordance with law after following legal procedure. In view of the above discussion and observations the present complaint is liable to be disposed of giving liberty to the complainant to approach Banking Ombudsman for settlement of the dispute and accounts. In the result, I proceed to pass the following:- <br /> ORDER<br /> <br /> 6. The complaint disposed off with liberty to approach Banking Ombudsman for settlement. No order as to costs.<br /> 7. Send the copy of this Order to both the parties free of costs immediately. <br /> <br /> 8. Pronounced in the Open Forum on this 25TH DAY OF JUNE 2008.<br /> <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> I concur the above findings. <br /> <br /> MEMBER <br /> <br /> <br /> <br /> <br />