In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.  104 / 2008

1)           Smt. Anjali Ghosh,

Barasat, Garerdhar, Hooghly.                                   ---------- Complainant

---Verses---

1)           S.B.I. Credit Card Division,

234/3A, A.J.C. Bose Road, Kolkata-10.                  ---------- Opposite Party

Present :           Sri S. K. Majumdar, President.

                        Smt. Jhumki Saha, Member.

                        Sri T.K. Bhattachatya, Member.

Order No.     1 2    Dated  1 3 / 1 1 / 2 0 0 9 .

The complainant Smt. Anjali Ghosh, by filing a petition u/s 12 of C.P. act, 1986 has prayed for a direction to be given upon the o.p. to pay an amount of Rs.150000/- as compensation towards the deficiency of service and mental agony caused by the o.p.

          The complainant applied for a credit card and it was duly issued in her name by the o.p. bearing no.4317575204722434. But, she had never used the card in question. And all on a sudden the o.p. sent a letter dt.3.2.07 whereby the o.p. demanded an amount of Rs.36,455/- along with an amount of Rs.3561.17 as minimum charge, which is a fictitious amount charged by the o.p. Again on 3.6.07, the o.p. sent another letter demanding for Rs.35067.09 along with a minimum charge of Rs.3425.23 from the complainant. After that the complain ant requested he o.p. to enquire the whole matter as the complainant never used the card in question. But the o.p. did not care to take any remedial step and continued to place its demand each and every month. And on 18.6.07, the complainant surrendered the card to SBI, Chandannagar after cutting into pieces on the advice of the bank authority.

          But even after that the o.p. placed the demand of Rs.37054.24 through a monthly statement dt.3.7.07 where the card number as mentioned was 4317575209243592, which was never allotted to the complainant. The complainant put her strong protest to the o.p. by her letters dt.20.7.07 and 21.7.07. Even the complainant met with an official of the o.p. and brought this fact to the notice of the o.p. and requested the o.p. not to raise and send such fictitious bill and letters as she never used the card no.4317575204722434 and she had never been issued the card no.4317575209243592. But the o.p. did not pay any hid to the request of the complainant and went on sending the fictitious bills.

          And finding no other alternative the complainant filed this case on 4.4.08. Notice was duly served upon the o.p. But none appeared and filed any w/v.

Decision with reasons :

          From the petition of complaint we find the complainant never used the card in question and she never paid any amount in respect of any bill drawn by the o.p. in her name. But u/s 2 d (ii) of C.P. Act, 1986 to be a consumer, the complainant has to avail herself of the service of the o.p. on payment of the requisite fees and/or charges. But the complainant was issued a card by the o.p. which she never used for any consideration. Accordingly, the complainant is not a consumer as per the provisions as provided u/s 2(d) of he C.P. act, 1986. Hence, the petition of complaint is dismissed for devoid of merit. No order as to cost is passed.

          Supply certified copy of this order to the parties on payment of prescribed fees.

        ____Sd-________             _____Sd-_______            _____Sd-_______

          MEMBER                         MEMBER                       PRESIDENT