In the Court of the Consumer Disputes Redressal Forum, Unit -I, Kolkata, 8B, Nelie Sengupta Sarani, Kolkata-700087. CDF/Unit-I/Case No. 79 / 2009 1) Mr. Vijay Nath Jha, 11, Dr. U.N. Brahmachari Street, Kolkata-700017. ---------- Complainant ---Verses--- 1) The Manager (Credit Card), SBI Cards & Payment Services Pvt. Ltd., 234/3A, A.J.C. Bose Road, Kolkata-20. 2) SBI Cards & Payment Services Pvt. Ltd., 11, Parliament Street, New Delhi-110001. 3) SBI Cards, 3, DLP Cyber City, Gurgaon-122002. ---------- Opposite Party Present : Sri S. K. Majumdar, President. Sri T.K. Bhattacharya, Member Order No. 1 1 Dated 1 8 / 0 2 / 2 0 1 0 . Complainant Vijay Nath Jha by filing a petition of complaint on 12.2.09 has prayed for issuing direction upon the o.ps. to reverse the charge of Rs.62822.70 and compensation of Rs.1 lakh, cost of litigation etc. Complainant was issued a credit card being no.4317575204580048 by SBI Cards and Payment Services Pvt. Ltd. and he availed of the services of credit card against the consideration and so, he is a consumer of credit card services under the o.ps. It is stated that a local cheque takes about three working days from its credit effect where as the o.p. deliberately used to hold on the cheque for about 15 days and deliberately used to levy late payment charges inclusive of service taxes. By this devise of unfair trade practice they levied Rs.330.60 in the statement of October, 2005, the complainant protested against it and they assured him that they will take up the matter with the higher authorities, but ultimately, they have neglected to take any step for the redressal as requested by the complainant. Moreover, for the period between 2000-2005 they levied a total charge of Rs.19836/- as late payment charges. Complainant on 21.10.05 sent an e-mail ventilating his grievances, annex-A. Further complainant had never asked for any cash DD of Rs.23000/- nor the o.ps. have ever sent any cash DD of Rs.23000/-, but in gross violation of banking ethics o.ps. have debited the amount of Rs.23000/- in the account of the complainant in their statement generated by them on 19.10.05 and they have not given any said DD to the complainant. They also debited in the same statement an amount of rs.380.19 as DD amount processing charges, service tax of Rs.48.73, pre-computed interest as Rs.6440/-, EMI of Rs.1226.67. On the said DD amount thereby increasing already unaccepted and disputed opening balance amount of Rs.18545.82 to Rs.48951.23 which is on increase of Rs.30405.41 on the said DD of Rs.23000/-. Complainant protested against it and requested them to reverse the debit entry. But ultimately, they refused to do so and finding no other alternative; on service of lawyer’s notice, complainant has filed this case against he o.ps. with the aforesaid prayer. Decision with reasons :- It appears on perusal of the record that initially 3.4.09 was fixed for service return and it appears from the order no.3 dt.3.4.09 that according to the report of the postal receipt notices were served upon o.p. nos.1 and 3 and 12.5.09 was fixed for filing w/v by o.p. nos.1 and 3 and S/R in respect of o.p. no.2. But ultimately, none appeared and the case is heard ex parte against the o.ps. Now the main question is that whether the claim of the complainant is justified and whether the o.ps. are guilty of deficiency of service and for unfair trade practices. It is the main grievance of the complainant that o.ps. deliberately levied late payment by way of holding on the cheques for more than 45 days and ultimately they levied Rs.330.60 payable by the complainant and his further grievance is that for the period between 2000-2005 they illegally levied a total amount of Rs.19836/- alleging such late payment by adopting malafide and unfair trade practice. His further grievance is that although he never asked for any cash DD of Rs.23000/-, the o.ps. have demanded money for his alleged receipt of DD of Rs.23000/- and the complainant asked them to reverse the alleged charge of Rs.62812.70, but they refused and so, the complainant has filed this case with the aforesaid prayer. We have perused the letter, annex-A, sent by the o.p. to the complainant regarding the SBI Card A/C of the complainant and it is also interalia stated that they have credited of Rs.330.60 towards late fee from the credit card account of the complainant. It appears from the letter of the o.ps. dt. 25.11.05 addressed to the complainant wherein they have stated that a draft of Rs.23000/- has been despatched to the complainant. It also appears from page 20 of annex-B regarding that the recipient name was recognized. It further appears from page 28 of annex-B wherein they have stated that “We have taken note of your request regarding the non receipt of demand draft, and would like to assure you that the same has been forwarded to the concerned department. We would be intimating you shortly on the status of the same”. And it is specific grievance of the complainant that said DD of Rs.23000/- was never asked for by the complainant nor the o.ps. sent such DD of Rs.23000/- to the complainant at any point of time. It also appears from page 36 of annex-B that on DD of Rs.23000/- the o.ps. charges on several heads viz. fee payment not received by due date of Rs.380.19, Govt. service tax on loan amount of Rs.330.60 and some others. This is exactly complained by complainant in paragraph 7 of his petition of complaint. We have also perused the legal notice page 40 of annex-B wherein all the grievances of the complainant has been reflected by his lawyer Dilip Kr. Ghosh with a request to settle the account of the complainant by sending a DD of Rs.151290.18. It also appears from annex-G page 52 which was sent to the complainant with reference to the complainant’s letter dt.15.10.08 on the point of reversing the amount charged on the DD wherein they have stated that SBI Card A/C of the complainant has been deactivated and as on date the complainant had Rs.60963.25 on his card account and they have further stated “We express our inability to reverse the charges levied on your card account due receipt of partial payment and occasionally non receipt of payment”. We have also perused the evidence of the complainant and his evidence is thoroughly corroborative and supportive in nature with regard to his pleadings made out in his petition of complaint. We have also perused the written note of argument of the complainant. Therefore, considering the facts, circumstances, evidence both documentary and on affidavit, we find unfair trade practice committed by the o.ps. with regard to charging on DD which was not received by the complainant and there is further deficiency of service and unfair trade practice also with regard to charging and levying of late payment of cheques as alleged by the complainant in paragraph 5 of the petition of complaint to the extent of Rs.330.60. Hence, Ordered, That the petition of complaint is allowed ex parte against the o.ps. The o.ps. are directed to reverse the charge of Rs.62,812.70 (Rupees sixty two thousand eight hundred twelve and paise seventy) only jointly and/or severally in the account of the complainant mentioned in the body of the judgment positively within forty five days from the date of communication of this order and the complainant is awarded compensation of Rs.10,000/- (Rupees ten thousand) only and litigation cost of Rs.2000/- (Rupees two thousand) only payable by the o.ps. jointly and/or severally positively within forty five days from the date of communication of this order and in default of such payment it will carry interest @ 10% p.a. till full realization. Fees paid are correct. Supply certified copy of this order to the parties on payment of prescribed fees. _____Sd-_______ _____Sd-______ MEMBER PRESIDENT | 
