In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No.181/2006.
1) Asish Kumar Ray.
53, Pratapaditya Road, Kolkata-700026. ---------- Complainant
---Versus---
1) J.M.C. Fortune,
3rd, Floor, 234/31, A.J.C. Bose Road, Kolkata-700020.
2) S.B.I. Cards and Payment Services Pvt. Ltd.,
P.O. Bag no. 28, G.P.O., New Delhi-110001.
3) M/s. M.M. Jewelers,
41B, Ashutosh Mukherjee Road, Kolkata. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Order No. 54 Dated 29-11-2013.
The case of the complainant in short is that on 25.8.05 one Mr. Pranab Dutta came to the complainant’s office introduced himself as an agent of UBI ad SBI Credit Card Ltd. and requested to hand over the complainant’s SBI Credit Card being no.4006676014943768 for enhancement of the credit limit and converting the said card for life long free credit card. Before hand over the aforesaid credit card the complainant penned through his surname which was written on the aforementioned credit card in order that the same might not be used by anybody fraudulently.
Complainant came to learn from Mr. Sukumar Pan, partner of M/s M.M. Jewellers of 41B, Asutosh Mukherjee Road, P.S. Bhowanipore, Kolkata that on 25.8.05 some jewellery has been purchased by the said Mr. Pranab Dutta from the aforementioned jewellery shop amounting to Rs.57,472/- only by utilizing the credit card of the complainant.
As per the guidance from SBI legal cell on 9.1.06 the complainant contacted Mr. Nil Mukherjee over telephone on 10.1.06 when the said Mr. Mukherjee was quite positive and co-operative and promised the complainant that they will waive the disputed transaction amount and arrange to make the complainant’s card operative by sending the complainant a fresh card on 11.1.06. And the said Mr. Nil Mukherjee sent Mr. Verma to the complainant with blank “STATEMENT OF CARD MEMBER COMPLAINT”. The said Mr. Verma guided the complainant to fill up the form and the said form had been duly collected by one Mr. B. Roy from the office of the complainant on 12.1.06.
Reluctance on the part of SBI card management to realize the money from Bank of Punjab and their repeated insistence on the complainant for making the payment against the fraudulent transactions has created some suspicion in the complainant’s mind about some unholy nexus.
Some employees of SBI Cards and Payment Services Ltd. came to the complainant’s house and threatened the complainant for making the payment of the dues which now stands amounting to Rs.1,00,168/- only within 7 days otherwise they would teach the complainant a lesson. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
O.p. nos.1 and 2 had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular and we find that the complainant has been able to prove his case as there is deficiency in rendering service on the part of the o.ps. and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.ps. O.ps. are jointly and/or severally directed to pay Rs.57,472/- (Rupees fifty seven thousand four hundred seventy two) only and are further directed to pay to the complainant compensation of Rs.50,000/- (Rupees fifty thousand) only for harassment and mental agony and litigation cost of Rs.10,000/- (Rupees ten thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
