Ld Advoacte for the complainant is present. Judgement is delivered in open Commission in 4 pages 2 seperate sheet of paper. It is order that the same is dismissed exparte against the OPs. No order as to cost is passed. Let the Judgement be kept in record. 

BY -    SRI ASISH DEB, PRESIDENT

Brief facts of the complainant’s case are that the complainant is a permanent resident of above noted address and a Citizen of India by birth. The Complainant holds a Savings Bank Account at the OP-1’s Bank Branch vide A/C No.-31363295296. The Marketing Executives of the O.P. bank contacted with the complainant over a telephone call and allured him that considering his regular and remarkable transactions and dealings with the said bank, he was eligible for facility of credit card. During such conversation it was assured from the end of OPs that 1. The Credit Card shall be issued free of cost, 2. In the first year of issue, no charge shall be taken by them, and it shall be completely free 3. From the second year, only “transaction charges” shall be taken by the OP Bank. The OP No.2 shares the same office as that of Op No.1, and are quite interrelated and OPs 3 and 4 are the higher and supervising authority of Op No.2. It is mentioned here that the complainant had no requirement or need to avail of any Credit Card, but being and esteemed and reliable bank, when the Op Bank allured him with such above mentioned terms and promises the complainant did not restrict the OP and an SBI Credit Card vide No.-4726427585537384 was issued in his name without any sort of activity from the complainant, but by sharing all personal details of the complainant by Op to the private Credit card Department. The complainant has added that it is needless to mention again that no physical presence/verification of terms and conditions etc had ever been made by the complainant, nor the O.P. bank gave him any such opportunity to do so during this facilitation of credit card. Till date, my client has never used that card for a single time rather went to the office of the Op with written application to close and return the unnecessary card but the Op refused to accept the said application, rather provided him a telephone number for that purpose. Despite  several calls to the said number, no action has been taken till date to close and return the card, rather in the year 2020 only, the Op realized an amount of Rs. 589/- on 24.05.2020, Rs. 890/- on 24.06.2020, Rs. 1068/- on 24.11.2020 and Rs. 773/- on 24.11.2020, and so on, even in the month of January, 2021, depicting them to be the ‘ this or that charges for the credit card” by sending messages to the mobile phone of the complainant. The same illegal deduction of money is still going on till July, 2021 and they are giving message that an amount to the tune of Rs. 1622/- shall be deducted in the month of August, 2021. It is quite disgusting to mention you that, the complainant has never asked for any credit card, never used the same, but the Op took a tricky measure not only to deliver an unnecessary credit card by sharing his confidential information given to Op, but also realizing absurd amounts citing them to be the charges for keeping that card. The Complainant has even sent Legal Notice to the OP branch on 14.12.2020 by mentioning all the above facts to which the O.P. bank did not even bother to reply or react. It is  submitted that banking is a business which depends upon the trust, faith and belief of common people but the activities of the O.P. bank are fully against those fair policy of business, and not only that it breaches several provisions of law of the land and results in gross deficiency in rendering service. The complainant being a bona fide consumer under the O.P. has been forced to suffer a severe loss, harassment, illegality, threat and mental pain due to gross negligence and severe deficiency in rendering service by the OP. The whole act done by Opposite Party’s end is not only illegal and against the settled principles of law, but also tantamount to sheer deficiency in rendering service and negligence causing serious mental agony and economical loss to the complainant. The cause of action of this case has finally occurred on 24.11.2020 since the O.P. bank lastly realised the absurd amount and it continues till date. Finding no other alternatives the complainant is hereby filed  this case before the  Forum praying for returning the absurd amount realized from the account of the complainant till passing of judging of judgement  closing and return the  SBI Credit card vide No. 4726 4275 8553 7384 plus an amount of Rs 100000/- as compensation. To pay litigation cost of Rs. 10000/- to the complainant for conducting this case. And to pass such other orders for reliefs as the  Forum may deem fit and proper.

Notices were duly sent to the ops. On getting the notice op-1 appeared and raised a point that it is not a necessary party as the ops 2, 3 & 4 have no link with it but ultimately did not contest the case. Ops 2, 3 ,& 4 entered appearance and filed joint written version , however these ops also preferred to see the case be decided exparte.

Points for determination are:

1. Is the case maintainable in its present form and in law?         

2. Is the Complainant entitled to the relief(s) as sought for?

Decision with reasons

Both the points, being inter related to each other, are taken up together for discussion  for sake of brevity and  convenience.

We have carefully perused the affidavit of the complainant and evidence produced by Complainant. On appraisal of the materials on records along with bundle of facts it appears that the complainant is a Consumer in respect of the transactions made by him with the O.Ps in the matter of Credit Card. The case is maintainable in its present form and in law.

Now, on total evaluation of the materials on record, it appears that In paragraph 3 and 6 of the complaint   the complainant has alleged that he was allured by the Marketing Executive for getting facility of the credit card and without physical presence of complainant and verification of the terms and conditions the facilitation of credit card was made to the complainant. Now, coming to the documents available on record, it appears that the complainant filled in up the concerned application for credit card by  putting his signatures on it. On 28.11.2017 the personal particulars of the complainant was filled  in  up by the complainant  and he put his signatures on the declaration and filed the instant case on 29.01.2021 i.e. after more than 3 years. Had he been aggrieved by the acts of the Marketing Executive he might have filed the complaint against the said authority at the earliest, if any. So, the allegation of allurement for giving facilities of credit Card has got no leg to stand upon.

In paragraph 8 and 8A of the complaint, the complainant has given the description of deducted amount alleging his dis-satisfaction from the year 2020 till August, 2021. In his complaint, paragraph No. 4 he stated that it was assured by the OP that the credit card shall be issued free of cost in the first year of issue, no charge shall be taken by them and from the second year only transaction charges shall be taken by the OP/Bank authority.  As per grievances  made in the paragraph NO. 8 and 8A we do not find any mention of deduction of any cost in the first year, so there can not be any grievances for breach of promise and issuing of the card by imposing  cost. 

            In paragraph 16 and the prayer portion of the complaint, the complainant has prayed for getting return of the amounts realized by the Ops from the account of the complainant till passing of the judgement. From the materials on record,  it appears that the complainant made a transaction of Rs. 7,995/- on 13.10.2020, but the complainant has not disclosed the said facts in anywhere in the complaint. On suppressing the said facts the complainant can not straightway or blankly pray for getting return of the amounts deducted from his account till passing the date of judgement. The complainant remained silent about the fact of such transaction which was made before the date of lodging of the complaint. The complainant has not filed any document to show that he had ever submitted any written prayer to the Ops for closure of the credit card personally or sent the same  by post. He has not filed any copy of legal notice or postal receipt or any document document to substantiate his allegation that he had sent his legal notice to the OP on 14.12.2020 of which the OP did not react. 

The ops  2,3 &4 had issued SBI Card bearing No. 0004726427585537384 after receiving duly filled application form the complainant in the month of December 2017. The complainant card account was levied with Annual Fees of Rs. 499/- and GST for an amount of Rs. 89.92/- which is reflective in the month of January 2019 statement. As the complainant had opted for Auto Debit payment hence the total outstanding of January 2019 for an amount of Rs. 588.82/- was auto debited that is not for the first year of issue. The payment of the same is reflective in the month of February 2019 statement. Again the complainant card account was levied with an annual fees of Rs. 499/- and GST for an amount of Rs. 89.82/- which is reflective in the month of May 2020 statement. Due to non-payment of the May 2020 statement and as the Auto Debit mandate payment was dishonored hence, Auto sweep of the minimum amount due  was activated as per the Auto Sweep Authorization consent submitted by the complainant at the time of card application wherein, he has authorized the ops to debit the minimum amount due in the event of non-payment of statement outstanding balance for more than 3 days from the given account.

Further, as per terms and condition the SBI card holder has to  pay total amount due as per monthly statements to avoid any charges or have the option to pay at least minimum amount due to avoid late payment charges. The process continues till the complete outstanding is cleared. In the instant case the payments were missed or outstanding on the card was received less than the total amount due, then interest charges were applied on the balance amount, this is also applicable on all the fresh charges incurred in the same month. The finance charge were at 3.35% per month plus service tax as per applicable charges. The complainant has failed to prove the elements of deficiency of service or unfair trade practice against the ops. In the meantime validity of card has got expired on December 2022 , giving direction for closure of the card is not required. The complainant is not entitled to get any relief as prayed for.

Both the points are decided accordingly.

The  complainant case does not succeed.

Hence, it is

O R D E R E D

That the CC/19 of 2021 be and the same is dismissed ex parte against the OPs. No order as to costs is passed.     

Let a copy of the judgment be supplied to the complainant free of cost.