Per:- Mr. Deshpande, President Place : BANDRA JUDGMENT The Opposite Party No.1 is the State Bank of India’s SBI Card Division, while the Opposite Party No.2 is SBI Cards & Payment Services Pvt. Ltd. The Complainant No.2 is the son of the Complainant No.1. It is the case of the Complainants that the Opposite Parties had issued them a credit card end with four digits - ‘8352’, which was valid up to the month of June-2003. The Opposite Parties had also issued an ad-hoc card in the name of the Complainant No.2, ending with four digits – ‘8360’. According to the Complainants, they never activated those credit cards since there had been no necessity to take any credit on those credits. Thus, both the above-referred cards were never put to any service. [2] The Complainants received fresh two credit-cards in the month of June-2004, validity of which was up to the month of June-2005. These credit-cards were also not used by the Complainants and the credit-card statements sent by the Opposite Parties with regard to these credit-cards were nil for the months of Sept, Oct, Dec -2003. [3] All of a sudden, the Complainants received a telephone call on 12/10/2006 from the Opposite Parties asked them to pay sum of Rs.16,500/- as against the debit balance of the said credit card. The Complainant No.1 (hereinafter referred to as the ‘Complainant’ only), by a letter dtd.13/10/2006, intimated to the Opposite Parties about wrong debit entry in the credit card account in sum of Rs.16,500/-. This was followed by e-mails dtd.14/10/2006 & 18/10/2006. At the instance of the Opposite Parties, the Complainant filled-in Dispute Form and sent the same to the Opposite Parties. Thus, the Complainant raised a dispute regarding debit balance in sum of Rs.16,500/- in respect of credit-card ending with four digits – ‘7717’. However, the debit entry was not revoked by the Opposite Parties. On the contrary, the Complainant received a statement on 17/10/2006, showing debit balance in sum of Rs.18,192/- against the credit-card ending with four digits – ‘7717’. Thus, according to the Complainant, all the debit entries in the credit-card account vis-à-vis credit card ending with four digits – ‘7717’, are false and the said card was never activated or used by the Complainant and the Opposite Parties have wrongly shifted the liability of some third person in the credit-card account of the Complainant. The Complainant served a legal notice on the Opposite Parties and when the said notice was not complied with, the Complainant filed the present complaint. [4] The Opposite Party No.1 – State Bank of India, SBI Card Division; chose to remain absent and did not file its written version on the record, as called for by this Forum and as such, it was set ex-parte. [5] The Opposite Party No.2 – SBI Cards & Payment Services Pvt. Ltd., filed its written version and took stand that the Opposite Party No.2 had issued a credit card ending with digits – ‘71317’ in the name of the Complainant No.1, which was having expiry date of 30/6/2007 and the Complainant No.2 was issued another credit-card ending with last five digits – ‘71325’. Both these cards were issued in & around June-2005. There had been, however, some problem with the credit-card ending with digits – ‘71325’ and on the request of the Complainant No.1, the Opposite Party No.2 issued another credit-card ending with digits – ‘7717’ having expiry date – 30/6/2007. Thus, according to the Opposite Party No.2, the credit-card ending with digits – ‘7717’ was issued in the name of the Complainant and the Complainant had activated the same and on account of certain transactions, the debit balance in sum of Rs.16,500/- was found, which was demanded from the Complainant. On account of non-payment of the debit balance in the credit-card account by the Complainant, interest was charged and the balance continued to swell. Thus, the Opposite Party No.2 denied the allegations in the complaint that the credit-card ending with digits – ‘7717’ was never activated by the Complainant and it was never used. [6] The Complainant filed his affidavit of evidence and documents alongwith a list. Those documents consist of credit-card statements received from the Opposite Parties as well as copies of the correspondence. [7] We have gone through the pleadings, affidavit and documents as well as written notes of arguments filed by the Complainant. [8] We take the points that arise for our consideration and record our findings there-against as below:- Sr. No. | Points for consideration | Findings | 1. | Whether the Complainant has proved that there is deficiency in service on the part of the Opposite Parties in showing debit balance in the credit-card account of the Complainant? | YES | 2. | What order? | The complaint is partly allowed. |
REASONS FOR FINDINGS [9] Compilation of documents field by the Complainant runs into 100 pages. We shall refer to certain important documents having bearing on the issue. [10] Core of the controversy is as to whether the Opposite Parties had ever issued a credit-card ending with digits – ‘7717’ to the Complainant and if the answer to this question is in the affirmative then, the question arises as to whether the said credit-card was activated by the Complainant and the transactions in question in the said account were undertaken by the Complainant. [11] At page (25) of the compilation of the complaint, there is a copy of credit-card statement dtd.17/9/2003 in the name of the Complainant, pertaining to credit-card ending with digits – ‘8352’, but the statement is ‘nil’. At pages (26) & (27) of the compilation, there are copies of credit-card statements, which show that in the months of Oct-2003 & Dec-2003, the credit-card statements were nil. This substantiates the statement in the complaint that the Complainant had never activated the earlier credit-card ending with digits – ‘8352’. The Opposite Parties have not produced any statement on the record to show that another credit-card ending with digits – ‘8360’ was activated and there was at any time any transaction entered into by the Complainant. At page (28) of the compilation, there is a copy of letter dtd.13/10/2006, by which the Complainant expressed grievance about demand of Rs.16,500/- as debit balance in his credit-card account. This letter was written in response to telephonic message dtd.12/10/2006, received from the Opposite Parties. This shows that on the very next day, the Complainant reacted by expressing his grievance vis-à-vis demand of Rs.16,500/- as debit balance in his credit-card account. This was followed by another letter dtd.14/10/2006 and the Opposite Parties responded the same vide their letter dtd.18/10/2006, suggesting the Complainant to raise a transaction dispute. The Complainant responded vide his detailed letter dtd.27/10/2006, a copy of which is produced on the record at page (34) of the compilation, and below that letter there is a copy of the Dispute Form, which shows that the Complainant had raised a dispute with regard to debit balance. However, the dispute was rejected by the Opposite Parties vide their letter dtd.27/10/2006, a copy of which is produced on the record at page (40) of the compilation. [12] Then comes the important document, which is credit-card statement for credit-card ending with digits – ‘7717’. It is dtd.17/10/2006. Entries in the statement reveal that all the debit transactions were entered into on the same day i.e. 11/10/2006. First transaction referred to ‘Bhawal Appliances’ for Rs.10,500/- and the next transaction with ‘Latest Mobiles’ for Rs.5,000/-. Another transaction on the same day shows dealing with ‘Latest Mobiles’ for Rs.1,100/- and again with ‘Latest Mobile’ for Rs.550/-. What is important here is to note that the charges for invalid pin were added twice on the same day i.e. 11/10/2006. This provides a clue that some third party had tried to enter an invalid pin and when the credit-card was not activated, another attempt was made, but the in was invalid and perhaps, on the third attempt said person could activate the credit-card. In the normal course, the Complainant who is working as a ‘bailiff’ in the Small Causes Court, could not have entered into three transactions with ‘Latest Mobiles’ for sum of Rs.5,000/-, Rs.1,100/- & Rs.550/-. The entries in the credit-card statement dtd.17/10/2006, a copy of which is produced on the record at page (41) of the compilation, are strange and curious and those entries support the contention of the Complainant that those transactions were never entered into by him. [13] In rebuttal, the Opposite Party No.2 took a stand in the written version that the credit-card endings with digits – ‘7717’ was dispatched to the Complainant and it was received by him. In the written version itself, in paragraph No.(16) thereof, there is an admission on the part of the Opposite Party No.2 to the effect that the Opposite Parties are not able to provide any proof as regards delivery of credit-card to the Complainant. Be that as it may, the Opposite Parties could have contacted the concerned dealers with whom the alleged transactions had taken place, to collect the electronic slips which are generated on shopping of the credit-card and that could have shown involvement of the Complainant in the said transaction. No such attempt appears to have been made by the Opposite Parties. Thus, virtually the evidence on affidavit as well as documentary evidence adduced by the Complainant has remained un-rebutted. [14] We are, therefore, inclined to hold that the Complainant has successfully proved that the entries in the credit-card statement dtd.17/10/2006, raising debit balance in sum of Rs.18,192/- does not pertain to credit-card issued to the Complainant and the debit balance was wrongly shown in the credit card account of the Complainant. [15] The Complainant has sought for a direction, as against the Opposite Parties, to pay him compensation in sum of Rs.3,00,000/- towards mental agony & stress. Having regard to the transaction and the correspondence, which the Complainant was required to enter into with the Opposite Parties for ventilating his grievances, we find that compensation in sum of Rs.10,000/- would be just & appropriate. There would be a direction to the Opposite Parties to deactivate the said credit card and show ‘nil’ balance in the credit card account of the Complainant. Hence, we proceed to pass the following order:- ORDER The complaint is partly allowed. The Opposite Parties No.1 & 2 are jointly & severally directed to deactivate the credit-card ending with last four digits – ‘7717’, issued to the Complainant No.1 forthwith on receipt of this order and show the debit balance in the credit-card account of the Complainant as ‘nil’. The Opposite Parties No.1 & 2 shall also jointly & severally pay to the Complainants jointly, compensation in sum of Rs.10,000/- and costs of Rs.5,000/- within a period of four weeks from the date of receipt of this order. Rest of the claims of the Complainants stands rejected. Parties shall be informed accordingly be sending certified copies of this judgment & order.
| | [HONABLE MRS. Mrs.DEEPA BIDNURKAR] Member[HONABLE MR. Mr. J. L. Deshpande] PRESIDENT[HONABLE MR. MR.V.G.JOSHI] Member | |
