DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.728/2007
Sh. Kamal Puri,
S/o Sh. L. R. Puri,
R/o Bungalow No.7,
Block-D, Saket, Delhi-110017
through SPA
Sh. Sudhir Puri ….Complainant
Versus
1. State Bank of India
Local Head Office,
G.M. (D & PB)’s Deptt.,
11, Sansad Marg,
New Delhi-110001
2. The Head, Sales & Marketing
SBI Cards & Payments Services (P) Ltd.
90A, Sector 18, Udyog Vihar, Gurgaon,
Haryana-122015 ……Opposite Parties
Date of Institution : 26.06.07 Date of Order : 05.07.16
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
S. S. Fonia, Member
O R D E R
S. S. Fonia, Member
Briefly stated, the case of the Complainant is that he and his wife were issued two SBI Cards bearing No.43175701195392 & 431757016995400 respectively valid till April, 2004 under great persuasion of the OP No.1. As the Complainant and his wife had been abroad most of the time, the said two SBI Cards could not be operated. In the first week of April, the father of the Complainant is said to have received one envelope containing some SBI Cards though till that date the previous cards had not expired despite the fact that neither the Complainant nor his wife had ever made any request either to issue fresh SBI Cards or to renew the previous cards at any point of time. The Complainant is said to have left India on 18.04.03 and returned back to India on 05.07.04. On his instructions, the father of the Complainant returned those two credit cards to the manager of OP No.2 at P.O. Bag No.28, GPO, Delhi through First Flight Courier on the same day i.e. 07.04.04 which were duly delivered to the OP No.2 on 08.04.04. The Complainant further states that his father received monthly statement dated 03.05.04 pertaining to some SBI Card No.4317575704468041 though these cards were never requested to be issued in the name of the Complainant. As the Complainant had to visit various countries, hence in his absence the father of the Complainant kept on replying the various monthly statements relating to aforesaid card and even the OP sent notice for conciliation for the SBI Card No.4317575703336223 which was never issued or possessed by the Complainant. On several occasions the Complainant kept on contacting the OP but no fruitful result was found. The Complainant further states that “it is presumed that the staff of the Opposite parties have also indulged in this fraud as no one can open the P.O. Box. The knowledge of the password of the cards could only be revealed by the staff of the Opposite parties. Hence, the fraud played against the Complainant is not only negligence on the part of Opposite parties rather it was played intentionally and malafidely to achieve their incorrect motive collectively by the Opposite parties and their staff.” The Complainant’s father received some legal notices dated 18.09.04, 14.10.04 and 16.11.04 asking him to pay the said false and fabricated bills. Theses notices were replied by his father on behalf of the Complainant. The staff of the OPs lured his father that if he pays certain amount, the said chapter would be closed and he will not receive the said monthly statements. To avoid unnecessary harassment and mental agony, the father of the Complainant paid Rs.100/- on 28.08.04 and Rs.810/- on 07.10.04 but the OPs did not stand on their words and sent statement in the month of May 2007. Finding no other alternative, the Complainant served a legal notice dated 02.06.06 upon the OP No.1 who gave a vague reply vide letter dated 13.06.06 without specific denial of any of the allegations. For sometime the Complainant did not receive any statement from the OPs but surprisingly in the month of May, 07 the OPs again started sending false, fabricated and vague statement of the credit card dated 03.05.07 relating to some SBI Card No. 4317575704468041 although the said SBI card was never issued in favour of the Complainant. Making various allegations including cheating, fraud, criminal misappropriation and criminal breach of trust against the OPs, the Complainant has moved this Forum for seeking following reliefs:-
- Direct the OPs to stop misusing alleged SBI Cards bearing No.4317575704468041 and 4317575703336223 by blocking/deactivating the said alleged SBI Cards with immediate effect.
- Direct the OPs to return the amount of Rs.910/- alongwith interest @ 24% p.a.
- Direct the OPs to pay Rs.10,000/- on account of personal visits and telephone etc.
- Direct to OPs to pay Rs.2 lacs on account of harassment, mental torture, agony, tension, damages, inconvenience etc. suffered by the Complainant due to callous attitude of the OPs.
- Direct the OPs to pay the cost of this litigation etc.
OPs in their written statement have stated that SBI Card No. 4317575704468041 and additional card No.4317575704468058 were issued to the Complainant after receiving formal application form for the same alongwith a request of additional card for his wife. The copy of the application form and copy of terms and conditions of the card are annexed as Annexure-1 & 2 (Colly). They further submit that according to the monthly statement dated 03.09.04 issued by the SBI Cards there was outstanding amount of Rs.43473.14 due on the Complainant after crediting the payment of Rs.100/- made by him in the month of August, 2004 and in the month of October, 2004 the Complainant again chose to pay part payment of Rs.810/- and did not clear total outstanding of his card [(Copy of the statements are annexed as Annexure-3 (colly)]. The OPs have further stated that as per monthly statement dated 03.08.08 the Complainant is liable to pay Rs.1,56,350.91. Denying all other allegations, the OPs have prayed for dismissal of the complaint.
Complainant has filed rejoinder to the written statement of OP s retreating the averments made in the complaint and specifically pointed out that the Annexure-1 i.e. application for issuance of SBI Card pertains to SBI International Card for PPF Account and not Credit Card.
Thereafter OP has been proceeded exparte vide order dated 09.08.10 passed by our predecessors.
Complainant has filed his own affidavit in evidence. Affidavit of Sh. L. R. Puri, father of the Complainant has also been filed.
Complainant has filed his written arguments. We have heard the arguments on behalf of the parties.
The application form for issue of credit card submitted by the OP (copy annexure-1) is pertaining to SBI International Card for PPF Account and not Credit Card. The monthly statement dated 03.05.04 showing total outstanding balance of Rs.37,388/- is pertaining to card No. 4317575704468041 whereas the Complainant was initially issued card No.43175701195392 and his wife 431757016995400 which were valid till April, 2004. The amount in dispute pertains to the card received by the father of the Complainant in one envelope containing some SBI cards which were returned by the father of the Complainant in P.O. Bag No. 28, GPO Delhi through first flight courier on 07.04.04. During this period, the Complainant was abroad as evident from the documents placed on the record. Hence, the issue of monthly statement whose outstanding balance does not withstand scrutiny.
During the proceeding dated 04.11.15 the counsel for OP was ready to reverse the charges in question. However, the Complainant had also prayed for grant of compensation and advocate fees. Subsequently during the proceedings dated 30.05.16, the Complainant has made a statement thereby confining his relief to the grant of Advocate fees paid by him amounting to Rs.36,000/-. Accordingly, the Complainant was asked to place on record the Fee Certificate of his Advocate within 7 days which he has submitted.
In order to be valid complaint under the C.P. Act, the complaint must be signed by the Complainant or his duly authorized representative. Otherwise, the complaint is not maintainable. In the present case, complaint has been filed under the signature of Shri Sudhir Puri, SPA of the Complainant. Complaint is dated 26.06.2007. The same has been filed in the Forum on 30.06.2007. Original SPA has been filed on the record. We mark the same as Mark ‘AA’ for the purposes of identification. The same has been executed on 22.05.2007 and attested by the Notary Public on 30.05.2007. It inter-alia stipulates that the “executant has filed a complaint case against State Bank of India.” It means that according to the SPA the complaint has already been filed before 22.05.2007. Moreover, there is no evidence on the record to show that on 22.05.2007, the Complainant-executant was in Delhi. He has not filed copy of passport and visa for the year 2007 including the month of May. It is his father who had been pursuing the matter on his behalf with the OPs till the year 2007. Therefore, the complaint does not seem to have been filed by a duly authorized person.
In view of the above discussion, we reject the prayer of the Complainant so far as awarding fee of Advocate is concerned. Complaint stands disposed off accordingly.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
(S. S. Fonia) (Naina Bakshi) (N. K. Goel)
Member Member President
Announced on 05.07.16.
