SRI. K. ANIRUDHAN (MEMBER)

Filed on 22/01/2009 (Remanded case)

Sri. K.R. Sivaji the retired Govt. Employee has filed this complaint before the Forum alleging deficiency in service on the part of the opposite parties – State Bank of India. The brief facts of contentions of the complainant is as follows: He availed a credit card facility, having number is 431 75750 2701 0199, from the 4th opposite party during June, 2005. The credit limit of the complainant is Rs.18,000/- and the complainant followed the terms and condition without default. The complainant used the said credit card for the purpose of purchasing petrol for Rs.435.40 on 28.7.05 and for purchasing gold for Rs.3070/- on 4.8.05 only. Total comes to Rs.3505.40, complainant remitted the entire amount with interest to the opposite parties ie. Rs.6231/- on different dates. But on 2.10.07, the complainant received a statement from the opposite party that a sum of Rs.16,117.79 is due from him. The complainant addressed the opposite party about the details of the account. Since there was no positive response from the opposite parties; the complainant filed this petition for refund of the excess amount of Rs.2725.60/- and for compensation for mental harassment and other hardships, physical inconvenience and mental agony suffered by him due to the breach of the agreement with the opposite parties. 2. Notice was issued to the opposite parties. But they have not entered appearance before this Forum. Considering the continuous absence of the opposite parties; they set exparte on 22.2.08 and 21.6.08 by the Forum. 3. The complainant has produced proof affidavit and produced 4 documents in evidence. Exts.A1 to A4 were marked. 4. Considering the contentions of the complainant this Forum has raised the issues:- (1) Whether there is any deficiency in service on the part of the opposite parties? (2) Compensation and costs. 5. Issues (1) & (2):- Documents produced by the complainant Ext.A1 is the letter dt. 2nd October, 2007 issued by the opposite party to the complainant stating the delayed payment of interest (DP) of Rs.423/73. Ext.A2 is the letter of the complainant to the opposite party stating the details of the disputed matter together with the details of remittances made by the complainant. Ext.A3 is the postal receipt. Ext.A4 series are the counterfoils of remittance of the total Rs.6231/- on different dates by the complainant. From the above noted documents produced by the complainant it can be seen that his total remittance comes to Rs.6231/- and he used the said credit card for a total sum of Rs.3505/40 only. So the opposite parties have to refund the excess amount remitted by the complainant. Without verifying correctness of account the 3rd opposite party on 2.10.07, had given a statement by post to the complainant stating that Rs.16,117/79 is due from him. This will amounts to gross negligence on their part, by handling the matters relating to the accounts. So the contentions raised by the complainant are genuine. On a perusal of the complaint, affidavit and documents given in evidence and after a detailed hearing, we are of the view that there is deficiency in service and gross negligence on the part of the opposite parties and the complaint is to be allowed. Issues are found in favour of the complainant. In the result, we direct the opposite parties to refund the amount of Rs.2725/- (Rupees two thousand seven hundred and twenty five only) to the complainant with interest from the date of payment of the said amount till realization at the rate of 18% and a sum of Rs.10,000/- (Rupees ten thousand only) by way of compensation for the loss and damages, harassment and mental agony caused to the complainant by gross negligence of the opposite parties and a cost of Rs.1000/- (Rupees one thousand only). We further direct the opposite parties to pay the above said amounts to the complainant within one month from the date of receipt of this order. Pronounced in open Forum on this the 25th day of July, 2008. Sd/- SRI. K. ANIRUDHAN: Sd/- SRI. JIMMY KORAH: Sd/- SMT. N. SHAJITHA BEEAVI: APPENDIX:- Evidence of the complainant:- Ext.A1 - Letter dated 2nd October, 2007 Ext.A2 - Letter of the complainant to the opposite parties Ext.A3 - Postal receipt Ext.A4 series - Counterfoils of remittanace Evidence of the opposite parties:- Nil // True Copy // By Order Senior Superintendent To Complainant/Oppo. parties/S.F. Typed by:-pr/- Compared by:-