SRI. JIMMY KORAH (PRESIDENT) The case of the complainant is that two representatives of the SBI credit card visited to the opposite party SBI Credit Card visited the complainant and thereafter the opposite party send a credit card to the complainant. Due to the adverse report against the credit cards and management of the banks he reluctant to use the same. In consequences of this decision he returned the same through registered post to the opposite party. He was not activated the credit card till this time. Even then the opposite party issued payment bills demanding money. Hence he filed this complaint alleging deficiency of service against the opposite party. 2. Notice was sent to the opposite party and the same was accepted. But they were not appeared before the Forum. 3. Considering the contentions of the complainant this Forum raised following issue:- Whether the complainant is entitled for compensation from the opposite party establishing the deficiency as averred in the complaint? 4. Complainant given evidence and produced 11 documents. They are marked as Exts.A1 to A11. The definite case of the complainant is that he was not activated the credit card issued by the opposite party. On 26.8.2005 complainant issued a letter and surrendered the credit card issued by the opposite party. The complainant timely responded to all the letters issued by the opposite party stating in clear terms that he is not at all liable to pay any amount. Even then for avoiding litigation, he has paid Rs.1500/- on 15.11.2007 to the opposite party as full and final settlement. This document is marked as Ext.A5. After the receipt of this amount and issuance of a receipt to that effect, the opposite party again issued notice through different advocates. Complainant is a doctor in profession and having good reputation. Without any reason and for only to get illegal gain the opposite party was issuing letters one after another to the complainant. The acts of the opposite party are a clear nuisance as stated by the complainant in his complaint. It is also to be noted that opposite party is a part of the largest bank in India. The acts of the opposite party are clear deficiency in service and their acts is against peaceful living of a citizen in a civilized society. Hence they are liable to pay heavy compensation. We are quantifying the compensation for the mental agony, stress and nuisance which was caused to the complainant is Rs.50,000/- (Rupees fifty thousand only). Complainant is not liable to pay any amount as demanded by the opposite party. There is no order on cost. In the result, the opposite party is directed to pay compensation of Rs.50,000/- (Rupees fifty thousand only) within 45 days from the date of receipt of this order. Complaint allowed. Pronounced in open Forum on this the 29th day of March, 2010. Sd/- Sri. Jimmy Korah: Sd/- Sri.K.Anridhan: Sd/- Smt.N.Shajitha Beevi: Appendix:- Evidence of the complainant:- Ext.A1 - Postal Acknowledgement receipts Ext.A2 - Notice dated 3.9.2005 of the opposite party Ext.A3 - Notice dated 11.10.2005 of the opposite party Ext.A4 - Reply dated 24.10.2005 Ext.A5 - Receipt dated 15.11.07 for Rs.1500/- Ext.A6 - Notice dated 29.4.08 received from M/s. Lawyers Inc. Delhi Ext.A7 - Reply dated 20.5.2008 Ext.A8 - Notice dated 23.2.09 received from M/s. Narayanan & Associates Ext.A9 - Notice dated 1.4.09 from the opposite party Ext.A10 - Notice dated 11.11.09 from M/s.R.Narayanan & Associates Ext.A11 - Reply dated 28.11.09 Evidence of the opposite party:- Nil // True Copy // By Order Senior Superintendent To Complainant/Oppo. Party/S.F. Typed by:-pr/- Compared by:-
| | [HONORABLE K.Anirudhan] Member[HONORABLE JIMMY KORAH] PRESIDENT[HONORABLE Smt;Shajitha Beevi] Member | | 
