Chandigarh

DF-I

CC/46/2019

Dharmender Kumar Vashist - Complainant(s)

Versus

SBI Credit Card - Opp.Party(s)

In Person

28 Feb 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

============

Consumer Complaint  No	:	CC/46/2019
Date  of  Institution	:	29/01/2019
Date   of   Decision	:	28/02/2020

 

 

 

 

 

Dharmender Kumar Vashist S/o Late Sh. Teg Bahadur Singh, Resident of House No.3054/2, Sector 41-D, Chandigarh.

….Complainant

 

Vs.

 

 

The Branch Manager, SBI Credit Card, SCO 171-172, Sector 8, Chandigarh – 160018.

 

…… Opposite Party

 

BEFORE:   SH. RATTAN SINGH THAKUR      PRESIDENT

          MRS.SURJEET KAUR             MEMBER

          SH. SURESH KUMAR SARDANA     MEMBER

 

ARGUED BY	:	None for Complainant.
	:	Sh. Tushar Arora, Counsel for Opposite Party.

 

PER SURESH KUMAR SARDANA, MEMBER

 

 

 

In brief, the Complainant was using Credit Card No.5172526729357918 since last 6-7 years for his personal use/ benefit and making monthly payments thereof on regular basis, without any fail. The Complainant alleged that inspite of blocking his aforesaid Credit Card in Dec. 2017 and having made excess payment of Rs.1037/- the Opposite Party has continuously been harassing him on daily basis through phone calls as also by sending its representatives to his office/house. The Complainant every time tried to prevailed upon them that he had cleared all his payments, but to no avail as the Opposite Party send him a demand notice dated 25.09.2018 for making the outstanding payment. Due to the fault of the Opposite Party, the credit score of the Complainant got affected and he also went under severe depression and had to resign from job. When all the frantic efforts made by the Complainant, failed to fructify, as a measure of last resort, alleging that the aforesaid acts of the Opposite Party tantamount to deficiency in service and unfair trade practice, the Complainant has filed the instant Complaint u/s 12 of the Consumer Protection Act, 1986, seeking various reliefs.

 

2.      Notice of the complaint was sent to Opposite Party seeking its version of the case.

 

3.      Opposite Party contested the Complaint and filed its reply, inter alia, pleading that the Complainant has not made the payment on time and got his card blocked for the said reasons. The Complainant chose to file the present complaint on frivolous grounds just to harass the Opposite Party. Pleading that there is no deficiency in service or unfair trade practice on its part, Opposite Party has prayed for dismissal of the complaint.

 

4.      Controverting the allegations contained in the written statement and reiterating the pleadings in the Complaint, the Complainant filed the replication.

 

5.      The parties led evidence in support of their contentions.

 

6.      We have heard the Learned Counsel for the Opposite Party and have also perused the record with utmost care and circumspection.

 

7.      The main grievance of the Complainant is that inspite of issuing Cheque towards the payment in his credit card account the Opposite Party has not credited the same in his credit card account, though the same has been debited from his account.

 

8.      Per contra, the Opposite Party has maintained that the Complainant had mentioned the incorrect card number while making the on-line payment in the month of Oct. & Nov. 2017. As and when the Complainant approached the Opposite Party, the Opposite Party immediately checked the same internally and posted the payment in the card account of the Complainant. The same has not been controverted by the Complainant. 

 

9.      Hence, we are of the concerted view that it is the Complainant who himself is responsible for the entire mess, for which Opposite Party cannot be held liable.        

 

10.      Taking into consideration all the facts and circumstances of the case, we have no hesitation to hold that the Complainant has failed to prove that there has been any deficiency in service on the part of the Opposite Party or that the Opposite Party adopted any unfair trade practice. As such, the Complaint is devoid of any merit and the same is hereby dismissed, leaving the parties to bear their own costs.

 

11.      The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

28^th February, 2020                                 

Sd/-

(RATTAN SINGH THAKUR)

PRESIDENT

 

Sd/-

(SURJEET KAUR)

MEMBER

 

Sd/-

(SURESH KUMAR SARDANA)

MEMBER

 

 “Dutt”