DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Dr.A.A.Siddiqui I.P.S. (Retd.) son of Shri M.Hassan resident of H.No.1108, Sector 8-B, UT Chandigarh.

…..Complainant

                 V E R S U S

State Bank of India through Ms.Puja Mehra Senior Manager Customer Services and Nodal Officer SBI Cards Customer Correspondence Unit DLF Infinity Towers C, 12^th Floor Block 2 Building 3, DLF Cyber City Gurgaon Haryana India 122 002.

                      ……Opposite Party

CORAM: SH.P.D.GOEL                  PRESIDENT

         SH.RAJINDER SINGH GILL       MEMBER

         DR.(MRS) MADANJIT KAUR SAHOTA  MEMBER

Argued by: None for the complainant.

           Sh.Sandeep Suri, Counsel for OP.         

PER P.D. GOEL, PRESIDENT

        Briefly stated, the complainant subscribed to the credit card of the OP and availed the services vide primary Credit Card No.5101 2869 2590 3199 through Account No.5101 2869 2159 2475. The OP dispatched the bill for the services in the month of May 2010 to the complainant which was duly paid vide cheque No.262603 drawn on SBI, encashed on 27.5.2010.

        The complainant averred that he was shocked to find the monthly statement of 15^th June 2010, wherein the amount of Rs.5764.32 was reflected. The complainant wrote a letter dated 21.6.2010 to the OP regarding the irregularity and the primary Credit Card which was cut into half and returned the said card to the OP alongwith the said letter. The OP neither reverted nor replied to the letter. The OP also charged some financial charges and late fee of Rs.350/-. The complainant tendered an amount of Rs.9934.85 vide cheque No.262611 which was debited from his account on 30.6.2010. The total outstanding amount used and due from the complainant was cleared. Thereafter, the complainant received a letter dated 29.7.2010 issued by Mr.Amit Kalra, Manager of OP detailing an outstanding amount despite the fact that the amount of Rs.5765/- stood debited from his account on 27.5.2010. Hence this complainant.

2.       OP appeared and filed reply. It has been stated that cheque amount got debited from complainant’s account on 26.5.2010 but due to unavailability of correct card number, it was in suspense account. The cheque amounting to Rs.9934.85 was posted to card account on 29.6.2010 and debited from the bank account of the complainant on 30.6.2010. It is pleaded that amounts due were not paid to the bank by the due and payable date and hence overdue & late payment charges were payable.

         It has been further stated that OP has given the benefit as per one time settlement and the amounts as demanded have been reversed. The grievance of the complainant has been redressed as the credit card account of the complainant has already been zeroised and the requisite No Due Certificate has been issued ‘that the account has been closed as settled’. In view of this, the complainant is not entitled for any relief. A prayer was made for dismissal of the complaint. 

3.       Parties led evidence in support of their contentions.

4.       We have heard the learned counsel for the OP and have also perused the record.

5.       The learned counsel for OP has argued the complainant had been given the benefit of one time settlement and the amount as demanded by him has been reversed and that the grievance of the complainant has been reversed as the credit account of the complainant had been zerorized and the requisite no due certificate has already been issued. The account of the complainant has already been closed as settled.

6.       Admittedly, the complainant has not filed any rejoinder to the reply filed by the OP, therefore, it can legitimately be concluded that the stand taken by the OP goes un-controvered and un-rebutted. More so, the reply filed by the OP is also supported by the affidavit of Sh.Sarvesh Sharma, Manger Collection, SBI Cards and Payments Services Ltd., Chandigarh.  This being so, it is held that the account of the complainant has been closed as settled and “No Due Certificate” has also been issued to him. 

7.       Undisputedly, the grievances of the complainant have been redressed by the OP after filing of the complaint, therefore, the complainant is certainly entitled for compensation for mental agony and costs of litigation, which is assessed at Rs.10000/-.

8.       As a result of the above discussion, this complaint is accepted and OP is directed to pay a sum of Rs.10,000/- to the complainant as lump sum compensation for mental agony and harassment and litigation costs, within one month  from the date of receipt of the certified copy.

9.       The certified copies of this order be sent to the parties free of charge. The file be consigned.