Hon'ble Mr. Haradhan Mukhopadhyay, President.

Two Complainants namely Subrata Kumar Nag and his wife Kaberi Nag filed the present case due to illegal deduction of money by the OP bank. The concise fact of the case is that the Complainants maintain Savings Bank Account No.11324000445 with the OP SBI, Cooch Behar Branch. Due to need of SBI card the Complainant No.1 Subrata Kumar Nag applied to the O.P. No.1 the Branch Manager SBI, Khagrabari ADB Branch, Cooch Behar for credit card but till the filing of the case the OP did not deliver the credit card to the Complainant but on 21.12.2020 the Complainant noticed that the OP illegally deducted debit SBI card payment charges as per the schedule given in Para-3 of the complaint for a total sum of Rs.9,290/- on different dates from 21.12.2020 to 19.05.2022. Complainant sent several complaints through the Mobile Phone against the aforesaid deduction and non-delivery of the credit card to the OP. Finally on 23.05.2022, 30.05.2022 and 08.06.2022 the Complainant filed written complaint. But despite receiving the same the O.Ps did not reply till now. The O.Ps sent SMS on 27.05.2022 regarding due amount for Rs.13,695. Without issuing credit card OP illegally claimed the said amount. The aforesaid activities of the OP tantamount to deficiency in service for which the present case is filed. The cause of action for the present case arose on 21.12.2020 and on different dates up to 08.06.2022. The Complainant therefore prayed for an award for a sum of Rs.9,290/- with up to date interest, directing the OP not to claim Rs.13,695, Rs.1 Lakh towards deficiency in service and Rs.10,000/- towards litigation cost.

After perusing the case record it transpires that notice of the case was served upon all the O.Ps as per the postal track report vide consignment No. RW537452798IN, RW537452930IN and RW537452943IN item delivery confirm. Despite service of notice the O.Ps namely O.P. No.1 Branch Manager SBI, Khagrabari, O.P. No.2 Regional Manager SBI card Sanction, Siliguri and O.P. No.3 the Chief Executive Officer, SBI card, Park Street, Kolkata, but they preferred not to contest the case.

Accordingly, the case was decided to be heard ex-parte vide order of this Commission No.04 dated 09.11.2022.

The Complainant in order to substantiate the case adduced evidence on affidavit sworn in by the Complainant on 08.12.2022. The Complainant adduced documentary evidence being Annexure-1 wherein account statement of Complainant from 01.11.2020 to 31.10.2021 is shown. It reflects that money was debited from the account of the Complainant on the head of SBI credit card payment of different dates like 21.12.2020, 18.01.2021, 18.02.2021, 23.03.2021, 20.04.2021, 19.05.2021, 18.06.2021, 19.07.2021, 18.08.2021, 20.09.2021, 19.10.2021, 18.11.2021, 21.12.2021, 18.01.2022, 18.02.2022, 21.03.2022, 18.04.2022 and 19.04.2022 for a total sum of Rs.9,290/-.

Annexure-2 reflects that the OP lodged complaint through SMS.

Annexure-3 is the written complaint submitted by Complainant No.1 Subrata Kumar Nag to the Branch Manager SBI O.P. No.1.

Annexure-4 is the copy of complaint to the Regional Manager SBI O.P. No.2.

Annexure-5 is the written complaint to Chief Executive Officer SBI Card, Park Street, Kolkata submitted by the Complainant No.1.

Annexure-6 is the so called SMS showing claim of money from the Complainant by the OP bank.

Thus after perusing the document proved by the Complainant it transpires that money was deducted on different dates from the account of the Complainant as debit card charges against which the Complainant raised complaint to the OP. Despite receiving the said complaint O.Ps did not reply to the same or did not redress the grievance of the Complainant. So, the Complainant was compelled to file this case.

The OP could not discard the specific allegation of the Complainant nor could they lead any evidence in their favour to make out any defence case in as much as the case has been heard ex-parte.

Thus after assessing the entire oral and documentary evidence of the Complainant, the Commission comes to the findings that the O.Ps deducted money from the account of the Complainant without proper ground.

In the backdrop of the aforesaid analysis of the evidence and discussion and observation made therein the Commission comes to the decision that the Complainant successfully proved the case against the O.Ps.

In the result the complaint case succeeds on contest with cost of Rs.5,000/-.

Hence, it is

Ordered

That the complaint case No. CC/46/2022 be and the same is allowed ex-parte against the O.Ps.

The Complainant do get an award against the O.Ps for a sum of Rs.9,290/- with up to date interest @ 6% per annum, Rs.10,000/- towards deficiency in service and Rs.5,000/- towards litigation cost from the O.Ps.

The O.Ps are directed to pay jointly and/or severally a sum of Rs.24,290/- to the Complainant within 30 days from the date of passing the Final Order failing which the Complainant shall be entitled to get interest @ 6 % per annum on the awarded sum from the date of passing the order till the date of realisation. The O.Ps are further directed not to claim a sum of Rs.13,695/- from the Complainant without following the banking rules and regulation.  

Let a plain copy of this Order be supplied to the concerned party by hand/by Registered Post with A/D forthwith, free of cost, for information & necessary action as per rule.

The copy of the Final Order is also available in the official website: www.confonet.nic.in.

DA to Note in the Trial Register.

Dictated and corrected by me.