Delhi

North East

CC/55/2018

Sh. Deep Chand - Complainant(s)

Versus

The General Manager,S.B.I Card Payment Service Pvt Ltd. - Opp.Party(s)

12 Feb 2020

ORDER

 DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 55/18

 

In the matter of:

	Deep Chand S/o Late Sh Chet Ram R/o House No. A-322, Gali No.2, Meet Nagar, Shahdara, Delhi-110094.	Complainant
	Versus
	The General Manager SBI Card Payment Service Pvt Ltd 12th floor, DLF Infinity Towers Tower-C, Block 2, Building-3 DLF Cyber City, Gurgaon-122002.	Opposite Party

 

DATE OF INSTITUTION:      JUDGMENT RESERVED ON:               DATE OF DECISION      :

23.03.2018 12.02.2020 12.02.2020

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

 

Order passed by Ms. Sonica Mehrotra, Member

 

ORDER

1. Briefly stated, the facts giving rise to the present complaint as narrated by the complainant are that the agent of OP in the year 2006 forced the complainant to take SBI Credit Card despite unwillingness shown by the complainant to avail of the said facility as was not required by him but the agent of OP collected the documents and photographs from the complainant and refused to return the same and subsequently a Credit Card bearing No. 4317575610061849 was issued by OP to the complainant on 04.01.2006 on which the complainant purchased house hold goods worth Rs. 1300/- in 2008 and paid the said dues against the credit card on 04.04.2008. But thereafter despite making no purchases or transactions against the said credit card, OP levied a false and fabricated bill with penalty and interest on the complainant to the tune of Rs. 10,075/- qua the said credit card in 2017. Nevertheless the complainant paid the said dues on 13.07.2017 duly received by OP at its Tis Hazari Delhi branch and an NOC was also issued in this regard by OP on 17.07.2017 for deactivation of the credit card. However the despite the deactivation, OP again levied undue amount of Rs. 4000/- on the complainant with respect to the 2008 due on Rs. 1300/- with respect to the said credit card. The complainant through RTI application dated 29.07.2017 and appeal dated 13.09.2017 to the CPIO of OP demanding explanation for such unlawful demands but the queries went un-responded to. Therefore complainant issued a legal notice dated 23.12.2017 to OPs through his counsel calling up upon the OPs to withdraw the undue bill of Rs. 4,000/- alongwith compensation however the same went un-responded to. Lastly the complainant was constrained to file the present complaint before this Forum alleging deficiency of service and unfair trade practice on the part of OPs in contravention to principles of Reserve Bank of India causing him mental torture and agony and prayed for issuance of direction against OP to refund the deposited amount of Rs. 10,100/- with interest @ 18% p.a. and revoke the demand of Rs.4,000/- on the credit card alongwith compensation of Rs. 1,00,000/-

Complainant had attached copy of pay-in slip dated 13.07.2017 in proof of payment of Rs. 10,100/- of OP, copy of RTI complaint dated 29.07.2017 and RTI appeal dated 09.09.2017 and copy of legal notice dated 23.12.2017.

2. Notice was issued to OP on 11.05.2018. OP entered appearance and filed written statement vide chi took the preliminary objection that the complainant does not invoke any cause of action against OP for want of any prima facie case against OP and that the complainant is bound by the terms and conditions as per the agreement executed between himself and OP which he was already supplied alongwith booklet and welcome kit which came with the credit card even before the complainant had made any transaction through the said card. OP resisted the complaint on merits by submitting that it was the complainant who had applied for the card facility from OP and was using the said credit card but was not making the payment towards the outstanding dues accruing thereon on time for which reason the charges were levied on the card. OP defended itself by submitting that it has immediately zeroed the card account of the complainant post receipt of the outstanding dues thereon and NOC dated 06.08.2018 was issued to the complainant in this regard. Therefore, denying any cheating and alleging that the complaint is false, fictitious and baseless, prayed for dismissal of the complaint. OP has attached copy of NOC dated 06.08.2018.
3. Rejoinder and evidence by way of affidavit was filed by the complainant reiterating his grievance and exhibiting documents relied upon as Ex-CW1/1 to CW1/5.
4. Evidence by way of affidavit was filed by OP in reassertion of its defence taken in written statement.
5. Written arguments filed by both parties.
6. We have heard the arguments and perused the documentary evidence placed on record.

The complainant has not filed any credit card statement issued by OP for the alleged demand of Rs. 4,000/- made by it on the already paid bill of Rs. 1300/-. Nonetheless, the admitted outstanding dues of Rs. 10,100/- was paid by the complainant on 13.07.2017 to OP in discharge of his liability towards the credit card use but the NOC was given by OP after more than a year thereafter i.e. in August 2018 after the complainant was already compelled to file the present complaint in March 2018.

7. Therefore, to this limited extent for having issued NOC after one year of payment made do we find OP deficient in service and therefore direct it to pay a compensation of Rs. 2,000/- to the complainant. Rest of the prayers of the complainant are unwarranted and unsubstantiated in terms of seeking refund Rs. 10,100/- and withdrawal of Rs. 4,000/- for want of sufficient proof or documentary evidence and therefore not entertained and complaint is partly allowed only to this extent and relief as aforementioned with respect to late issuance of NOC by OP during the pendency of the present complaint. Let the order be complied with by OP within 30 days from the date of receipt of copy of this order.              
8.  Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
9.   File be consigned to record room.
10.   Announced on  12.02.2020

(N.K. Sharma)     President

(Sonica Mehrotra)  Member