In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 427 / 2009.
1) Sri Jawaharlal Sarkar,
Vill. & P.O. Mondalpara, Shyamnagar, 24 Parganas(N)-743127. ---------- Complainant
---Versus---
1) The Manager / Authorised Officer representing
M/s. SBI Cards & Payments Services Pvt. Ltd.,
FMC Foutuna Building (3rd Floor),
234/3A, A.J.C. Bose Road, Kolkata-700020.
2) Manager / Managing Director,
M/s. SBI Cards & Payments Services Pvt. Ltd.
11, Parliament Street, New Delhi-1.
3) Authorised Officer representing United Bank of India,
16, Old Court House Street, Kolkata-1.
4) Zonal Manager, State Bank of India,
1/16, V.I.P. Road, Bidhannagar, Kolkata-54. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. A. B. Chakraborty, Member
Order No. 2 2 Dated 3 0 / 0 1 / 2 0 1 2 .
The petition of complaint u/s 12 of the C.P. Act, 1986 has bee filed by Sri Jawaharlal Sarkar against the o.ps. SBI Cards and Payments Services Pvt. Ltd. and others. The case of the complainant in short is that complainant availed a UBI-SBI Credit Card no.4317575304598734 in the year 2006 from UBI, Royal Exchange Branch, Kolkata. Initially the bills were paid regularly but complainant alleged that the bills were not being received by him within the stipulated period and resulting in delayed payment, charging fine, etc. On 18.5.07 complainant received a communication on behalf of SBI credit card, New Delhi over phone (no.9910524493) that there is a due of Rs.741/- and the dame has been increased to Rs.1070/- inclusive all interest and penalty and after the payment of o.p. assured over phone that he has no due payable to o.ps. Thereafter on various occasions o.ps. made reference for non-payment of dues and complainant replied and such things went on without any fruitful result although complainant asked for statement of account which was not supplied to complainant in spite of repeated requests and legal notice. Subsequently complainant received a demand notice from the bank for making payment of Rs.41,609.42 towards arrear dues vide statement dt.6.3.07 and on being aggrieved complainant has filed the instant case with a prayer mentioned in the prayer portion of the petition of complaint.
O.ps. had entered their appearance by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case on the plea mentioned in their respective w/v.
Decision with reasons:
We have gone through the pleadings of the parties together with evidence and documents in particular minutely and it is an admitted fact that complainant had UBI-SBI credit card and he has paid all the dues as we find from the materials on record available and the o.ps. failed to provide statement of account in respect of their arrear dues despite profuse persuasion by the complainant.
In view of the above findings we are of the view that the complainant was never a defaulter in the matter making payments and on the contrary o.ps. failed to show how the dues was accrued allegedly to be payable by the complainant and we are of the view that o.ps. had clear deficiency in absence of transparency in the matter of transaction with the complainant being a service provider to its consumer / complainant and complainant is entitled to relief as prayed for.
Hence, ordered,
The petition of complaint is allowed on contest against the o.ps. with cost. O.ps. are jointly and/or severally directed to reverse the entries in the final statement of account in respect of the arrear dues against the credit card no.4317575304598734 and to issue ‘no due certificate’ in favour of the complainant. O.ps. are further jointly and/or severally directed to pay a compensation of Rs.5000/- (Rupees five thousand) only for harassment and mental agony and litigation cost of Rs.2000/- (Rupees two thousand) only to the complainant within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till realization.
Supply certified copy of this order to the parties.
_____Sd-_____ _____Sd-______
MEMBER PRESIDENT
