Date of Filing: 07.06.2010
Date of Order: 02.04.2011
BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20
Dated: 02ND DAY OF APRIL 2011
PRESENT
Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.
Smt. D. LEELAVATHI, M.A.LL.B, Member.
Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.
COMPLAINT NO: 1282 OF 2010
Sucheta Hegde
W/o. K.S. Vijaya Kumar
R/at 10/31, G1
Shrinidhi Classic Apartment
6th B Cross, BSK III Stage
Balajinagar, Bangalore 85 Complainant
V/S
1. State Bank of India Card and
Payments & Services (P) Ltd.
P.O. Box No. 28, GPO
New Delhi 110 001
Rep. by its Managing Director
2. M/s. GE Money
SBI Credit Cards
No. 144/1, 4th Floor
Shubratha Complex, M.G. Road
Bangalore 560 001
Rep. by its Managing Director Opposite Parties
ORDER
By the President Sri S.S. Nagarale
This is a complaint filed under section 12 of the Consumer Protection Act.
The complainant was given a SBI card by the opposite party. She used the card for minimum purpose and later on she dis-continued the use of the card. She cancelled the card No. 4006 6615 0905 4669 by making two pieces and informed the first opposite party. She did not receive the SBI card statement. Opposite party failed to send account statement. Complainant had sent Rs. 812/- by cheque dated 21.11.2006 to the opposite party. Once again made request for cancellation of the card and No due Certificate be sent to her. There was no response. Opposite party started harassing the complainant even though card was cancelled and returned to the opposite party by complainant on 03.10.2006 and Rs. 812/- was paid on 21.11.2006. Opposite party is demanding imaginary and vexatious amount even though closure of account in 2006 itself. Hence, the complainant prayed that opposite party be directed to cancel the card and to pay compensation.
2. Opposite party filed detailed version stating complaint is not maintainable and same may be dismissed in limine. Before requesting to close the card as per the card holder’s agreement if the card holder wishes to terminate his card account at any time by terminating the agreement by a written notice accompanied by return of card cut and with full and final settlement of all the outstanding bills on the card account. The complainant has not made any request for cancellation of card as alleged if so complainant could have furnished documents. The opposite party prayed to dismiss the complaint.
3. Arguments are heard.
4. The points for consideration are:
1. Whether the complaint is time barred?
2. Whether the complainant is entitled for the relief?
REASONS
5. As per the complainant’s averment she had obtained SBI card from the opposite party bank and on 03.10.2006 she cancelled said card by making two pieces and forwarded the same to the opposite party. She has also sent cheque dated 21.11.2006 for Rs. 812/- to the opposite party bank. Though the card has been cancelled on 03.10.2006 itself and amount of Rs. 812/- was paid by her voluntarily on 21.11.2006 she has not received NOC from the opposite party and further, it is the case of the complainant that she is receiving threatening calls and opposite party is demanding imaginary and vexatious amount even after closure of the account in 2006. Therefore, as per the averments made by the complainant cause of action arose to her to file the complaint is in the year 2006. If the opposite party had not issued NOC even after payment of due she could have filed complaint within two years from the date of payment made on 21.11.2006. But, the complainant has filed her complaint on 07.06.2010 after more than two years of the cause of action. Under section 24A of the Consumer Protection Act the district forum shall not admit a complaint unless it has filed within two years from the date on which the cause of action has arisen. In this case as per the complaint averment she has made payment of Rs. 812/- on 21.11.2006 and the opposite party bank had not given NOC to her. Therefore, the cause of action arose to the complainant on 21.11.2006 itself. From that date she could have filed complaint within two years. The complaint filed in the year 2010 is clearly barred by time. Therefore, on this point itself the complaint has to be dismissed. Secondly, the complainant has no bills sent by opposite party to show that opposite party is demanding amount. The learned advocate for the opposite party submitted that card has been already cancelled. Therefore, the main relief of the complainant has been complied with. Admittedly, the opposite party has not taken any steps for recovery of dues if any. Opposite party has not given any notice to the complainant. Under these circumstances there should not be any apprehension in the mind of complainant about the demand of dues. In case the complainant receives any notice of demand from the opposite party in respect of credit card in that case she will be at liberty to file fresh complaint challenging the notice. Under these circumstances there is no question of granting relief to the complainant at this stage. For the above reasons the complaint is not maintainable. In the result I proceed to pass the following:
ORDER
6. The complaint is dismissed.
7. Send the copy of this Order to both the parties free of costs immediately.
8. Pronounced in the Open Forum on this 02ND DAY OF APRIL 2011.
Order accordingly,
PRESIDENT
We concur the above findings.
MEMBER MEMBER
