- Hirendranath Datta,
4/5/2, Jogendra Basak Road,
Baranagore, Kolkata-36. _________ Complainant
____Versus____
- State Bank of India, through
Senior Manager, Customer Service &
Nodal Officer, SBI Cards,
DLF Infinity Tower ‘C’, 12th Floor,
Block - Building 3, DLF Cyber City,
Guragaon – 122002, Haryana, India.
- The Manager,
SBI Cards and Payment, Fortuna Building,
234 / 3A, A.J.C. Bose Road,
Kolkata – 20, P.S. Baligang. ________ Opposite Parties
Present : Sri Sankar Nath Das, Hon’ble President
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 21 Dated 28-07-2014.
The case of the complainant in short is that complainant is a law abiding citizen of India and had SBI Credit Card holder being no.4006661109030762. Complainant is holding the aforesaid card for a long time. Since 4.12.04 the said card was not working in any manner whatsoever and/or the said card has not been used for any purpose since 4.12.04 in spite of having no pending dues.
Complainant served several letters to the offices of o.ps. in different way to know the details about the card but all were in vain. Copies of letter dt.17.3.05 and the payment receipts against last due of Rs.1780/- made by the complainant and further letter dt.2.9.05, 16.10.05.
All on a sudden the complainant received a new card with a phone call from Guregaon informing that the old card was probably mechanically damaged and a new card is being sent. But unfortunately, the new card was also not functioning. Complainant repeatedly intimated the o.ps. about non-functioning of the card as well as new card. Complainant wanted to know as to why the cards were not operating and/or functioning and/or not usable in any manner but no response was given by o.ps.
Complainant also wrote a letter stating interalia that no amount be claimed against the complainant arbitrarily before making the card usable. Even after receiving such letter, no response was given by o.ps.
Even after non functioning of the credit card of the complainant, o.ps. issued a letter dt.21.12.05 through their ld. advocate by asking for making payment of Rs.22,319.22 upon the complainant and also intimated for a conciliation to be held on 8.1.06 at 33, Tollygunge Circular Road, Sital Sadan Building, Ground Floor, Kolkata-53 and in compliance with the said letter dt.21.12.05, the complainant duly attend the mentioned place and submitted the written submissions on 8.1.06. And after being satisfied the said arbitrator settled the said ‘No Claim’. No bill was coming to the complainant in any manner whatsoever from any corner.
Even after being settlement of the false and fabricated outstanding amount of Rs.22,319.22 by the arbitrator Mr. Rajesh Prasad on 8.1.06 by settling as ‘No Claim’. After satisfying the facts of the case of the complainant but unfortunately, o.ps. against vide their letter dt.22.8.06 claimed the amount of Rs.27,621.28. Upon the complainant and in reply to the complaint and which the complaint vide letter dt.27.8.08 replied against the said letter by demanding as false and fabricated.
Thereafter, the complainant sent all the documents and intimated them for causing such unwarranted harassment again and again and the complainant also intimated them to take appropriate action against the o.ps. It was also stated in the said letter by the complainant that after the matter being settled on 8.1.06 at 33, Tollygunge Circular Road, Kolkata-53 the reopening of the issue is nothing but to harass the complaint.
Complainant ultimately served a letter stating all the above facts vide his letter dt.23.7.10 to o.ps. and finally said that the complainant has got no other option but to take appropriate steps for repeated threat calls from the different offices of the SBI Card Section.
O.ps. 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.
In view of the findings above and on perusal of the entire material on record, we are constrained to hold that there is no deficiency on the part of o.ps. and the complainant has failed to substantiate to prove his case and is not entitled to relief.
Hence, order,
That the case stands dismissed on contest without cost.
Supply certified copy of this order to the parties free of cost.
