In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No.155/2010
1) Mr. R. K. Agarwal,
2, R.L. Mullick Street, Kolkata-73. ---------- Complainant
---Versus---
1) State Bank of India Cards and Payment Services Ltd.
Post Box No.28, G.P.O., New Delhi – 110001.
2) The Assistant Vice President, Customer Services,
234/3A, A.J.C. Bose Road, Fortunate Building, 3rd Floor,
Kolkata-20, P.S. Shakespeare Sarani. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member
Smt. Sharmi Basu, Member
Order No. 26 Dated 18/10/2012.
The petition of complaint has been filed by the complainant Mr. R. K. Agarwal against the o.ps. State Bank of India Cards and Payment Services Ltd. and another. The case of the complainant in short is that complainant has filed the instant case for deficiency in service and/or unfair trade practice being adopted by o.ps. while rendering credit card services to complainant with respect to credit card account no.004006676304039582 as well as SBI A/C no.0004006676303025764.
Upon being approached and persuasion made by the representative o.ps. on number of occasions, complainant sometimes in the year 2006 availed a credit card from o.ps. From the very inception o.ps. used to supply the statement of account at a belated stage intentionally to make complainant as forced defaulter and claim delay payment charges, interest penalty and other levies arbitrary and illegally. Complainant being a bonafide customer when on making payment of their alleged due on protest and on each payment the representative of o.ps. assured that on the next time the statement of account will be supplied before due date and any amount paid if appears to be excess from the actual outstanding shall be adjusted on the next month. Since the payment was regularly made by complainant there was no claim of o.ps. till the month of August, 2008. All on a sudden complainant was served with a notice dt.10.10.08 written by the lawyers I.N.C. on behalf of o.ps. demanding a sum of Rs.1,79,870.45 without giving any statement of usage of the said credit card. Not only before issuing the said notice the representative, men agent of o.ps. visited the office as well as residence of complainant and abused him with most filthy language and even tried to assault him physically. Since, the incident was an outcome of the dispute relating to credit card complainant was compelled to file suit against the illegal action of o.ps. before the 12 Bench of th Ld. City Civil Court, Calcutta being T.S. No.997 o0f 2008. During pendency of the suit the representative of o.ps. approached and made an offer for full and final settlement of account on payment of Rs.47,000/- by complainant according to the terms and conditions mentioned in letter dt.18.6.09. Thereafter, complainant in terms of the settlement letter dt.18.6.09 made payment of Rs.10,000/- towards first installment and issued a cheque for a sum of Rs.7400/- for the next installment. It is curious enough to note that o.ps. on the one hand have come to settle the dispute as full and final settlement of account and in terms of the said settlement payment was being made. O.ps. on the other had in most illegal way and against their own offer of settlement sent a notice dt.14.7.09 written by Pathak and Associates demanding a sum of Rs.2,24, 874.63. Thereafter, complainant was compelled to issue an instruction for stop payment of the said cheque through a letter dt.25.7.09 as such, the cheque issued for second instalment was dishonored when placed for encashment by o.ps. and by a letter dt.2nd August complainant was informed about such dishonour. Thereafter, complainant replied the said letter stating the entire fact of the case. Hence the case was filed by complainant with the prayer contained in the petition of complaint.
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. submitted in the course of argument that the instant case has been filed on the flimsy ground and matter was settled and finalized between the parties as was agreed upon by the parties and complainant has been pressed upon receiving a routine demand notice while the terms and condition s have already been acted upon by and between the parties though complainant was verbally informed to ignore the same and strict to its terms and conditions.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular. It is seen from the record that Ld. lawyer of o.ps. submitted in the course of argument that the instant case has been filed on the flimsy ground and matter was settled and finalized between the parties as was agreed upon by the parties and complainant has been pressed upon receiving a routine demand notice while the terms and condition s have already been acted upon by and between the parties though complainant was verbally informed to ignore the same and strict to its terms and conditions. On careful scrutiny of the materials on record and keeping an eye to the findings above we find and hold that o.ps. had deficiency in service being service provider to their consumer / complainant and complainant is entitled to relief.
That the case is allowed on contest against the o.ps. with cost. O.ps. are jointly and/or severally directed to rescind the letter dt.14.7.09 and are further directed to refund of Rs.20,000/- (Rupees twenty thousand) only realized in excess by o.ps. and are further directed to pay compensation of Rs.25,000/- (Rupees twenty five thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
