BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT:

SHRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENA KUMARI. A : MEMBER

SMT. S.K. SREELA : MEMBER

C.C. No: 57/2010 Filed on 20/02/2010

Dated: 31..05..2010

Complainant:

BTOJ Andrew, Kodalipura Veedu, T.C.27/2060, Chinakulam Road, Statue, G.P.O., Thiruvananthapuram – 695 001.

(By Adv. Ranjit. R)

Opposite party:

S.B.I Cards and Payment Services Pvt. Ltd., Represented by its Area Manager, Thiruvananthapuram Branch, Panavila Junction, Thiruvananthapuram.

This O.P having been heard on 18..05..2010, the Forum on 31..05..2010 delivered the following:

ORDER

SMT. S.K.SREELA, MEMBER:

The allegations in the complaint are the following: Attracted by the offer made by the opposite party, the complainant had applied for a credit card and he was issued with a credit card No. 431757 5035 119321 he was using the credit card from April 2006 onwards and was paying all the purchase bills as per their statement periodically issued to him by the opposite party without any default whatsoever. While so on December 2006, to the complainant's surprise, the opposite party all of a sudden issued a Health Insurance Policy and Health Card of M/s. Royal Sundaram Alliance, Chennai. The policy was issued to him without prior information, notice and without his consent. It may be noted that the complainant was given a free insurance cover by the opposite party for its Credit Card holders. The above stated insurance is issued after cancelling the free Insurance cover. The complainant on getting the insurance policy, contacted the opposite party and requested them to take back the policy submitted to the complainant. But they refused to do so. So he surrendered the policy papers at the office of the opposite party. The complainant did not use the insurance policy. But during January, 2007 he was issued with a statement dated 9/1/2007 to pay a sum of Rs. 3,007/- as the charges for the premium amount. In the statement it is further stated that “all applicable Free Insurance Covers on your card will no longer be available with effect of 1^st January 2007”. The complainant was purchasing things using his credit and he was regularly paying all the purchase bills without any default till 9/7/2007. While so, from July 2007 onwards, to the complainant's utter shock and dismay his card was blocked. So he immediately contacted the opposite party and requested them to reactive his credit card. The opposite party did not heed to the complainant's request but they threatened him to pay an amount of Rs. 17,000/- immediately. They further stated that his card will be activated only on payment of the exorbitant amount of Rs. 17,000/-. The opposite party stated that the amount is the arrears of the insurance premium of Rs. 3,007/-. The complainant made several communications with the Head Office of the opposite party and finally during July 2009 ie., after two years they informed the complainant to be present himself for an Adalath at Local Office, Thiruvananthapuram on 7/7/2009. In the Adalath conducted at Thiruvananthapuram Office, the opposite party assured the complainant that they will write off the premium amount of Rs. 3,007/- with interest, which they calculated at Rs. 17,000/- and that his card will be reactivated, if he pays a sum of Rs. 1,000/-. Eventhough the complaint was not legally bound to pay the sum of Rs. 1,000/- as a gesture of goodwill, he paid a sum of Rs. 1,000/- on 16/7/2009 so as to reactive his credit card. To the complainant's utter shock and dismay the opposite party did not reactivate his credit card but also were regularly threatening him over phone to pay huge and unreasonable amounts on various dates with the help of their henchmen causing much mental agony, hardship and loss. The opposite party is still threatening the complainant over phone and asking him to pay a huge unwarranted and unreasonable amount of Rs. 18,345/-, 18,890/-, 19,453/- on various dates ie., on November 2009, December 2009 and January 2009 to reactivate his credit card as against the assurance given in the adalath. They did not issue any printed statement for the same but send messages over phone.

2. Inspite of acceptance of notice from the Forum, the opposite party neither appeared before the Forum nor filed any version. Hence opposite party remains exparte.

Complainant has filed affidavit in lieu of chief examination and Exts. P1 to P6 were marked on his side. He has not been cross examined and hence his affidavit stands unchallenged.

3. The points for consideration are:

1. Whether there is any deficiency in service on the part of the opposite parties?

    

2. Whether the complainant is entitled for any compensation as claimed in the complaint?

4. Points (i) & (ii) : The complainant has pleaded that, he was regularly paying all the purchase bills without any default till 6/7/07 and has produced Exts. P3 series for proving the same. As per Ext. P3(c) the total outstanding is Rs. 8,461.37/- wherein the credit limit is Rs. 15,000/-, available credit is Rs. 6,538.63/- cash limit is Rs. 6,000/- and available cost is Rs.6,000/-. The complainant has further pleaded that he has been issued with a Health Insurance Policy & Health Card of M/s. Royal Sundaram Alliance, Chennai without his consent or prior notice. That though he has not used the Insurance Policy he was issued with a statement dated 9/1/07 to pay sum of Rs. 3,007/- towards premium amount. As per Ext. P1, Rs. 3007 D on 12/9/06 towards Royal Sundaram Alliance, Chennai has been stated. Now that the complainant states that from July 2007 onwards his card has been blocked, and on enquiry he has been threatened to pay an amount of Rs. 17,000/- immediately for activating his card. Complainant has not paid the said amount as according to him he is not liable to pay it. Complainant further pleads that in July 2009 the opposite parties informed the complainant to be present for an Adalath at Thiruvananthapuram on 7/7/09 and eventhough the complainant was not bound to pay any sum, as a gesture of goodwill he paid a sum of Rs. 1,000/- for re-activating his credit card. As per Ext. P4, it could be seen that the complainant has paid an amount of Rs. 1,000/- to the opposite party on 16/7/09. But there is no mentioning regarding the propose of such payment. It is only a receipt for Rs. 1,000/- issued by the opposite party. There is no mentioning regarding Adalath. But the opposite party has not challenged any of the documents produced by the complainant. Ext. P5 is the statement which the complainant pleads as the one received by him as phone messages. As per Ext. P5, the complainant has been asked to pay Rs. 19,453.01 by 29/1/2010. The opposite party has not controverted the said contents in the document. Moreover, the lawyer's notice issued on behalf of the complainant also prove that the opposite party was made aware of the grievance of the complainant.

5. As the opposite party has never challenged the documents produced by the complainant nor adduced any evidence to contradict the allegations levelled against them in the complaint, this Forum finds that the case of the complainant stands unchallenged and thereby established. In the absence of any evidence on the part of the opposite party, and in the strength of the sworn statement of the complainant and the documents produced on his behalf, we hereby allow the complaint.

In the result, complaint is allowed. The opposite party is directed to reactivate the credit card of the complainant bearing No. 4317 5750 3511 9321 and to restore the Free insurance cover available to the complainant without claiming any further amount as stated in Ext. P5 within a period of 2 months from the date of receipt of the order, failing which execution proceedings can be initiated. The opposite party shall also pay Rs. 3,000/- towards compensation and Rs. 2,000/- as costs to the complainant. Time for compliance 2 months failing which the entire amount of Rs. 5,000/- above mentioned shall carry interest at 12% from the date of order till realisation.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 31^st day May, 2010.

S.K. SREELA, MEMBER.

G. SIVAPRASAD,

PRESIDENT.

ad. BEENA KUMARI.A, MEMBER.

C.C.No. 57/2010

APPENDIX

I. Complainant's witness: NIL

II. Complainant's documents:

P1 : Statement of transaction dated 9/1/07

P2 : Copy of monthly statement dated 9/2/2007

P3 : Monthly statement dated 9/3/07

P4 : Receipt dated 16/07/09 issued by opposite party.

P5 : Print out statements dated 11/09, 12/09 & 01/2010

P6 : Advocate notice.

III. Opposite party's witness: NIL

IV. Opposite party's documents: NIL

PRESIDENT