- Vishal P Bhargava,
Computer Science Corporation of India Pvt. Ltd.
A-44/45, Noida, Towers, Sector-62, Noida-201301. ________ Complainant
____Versus____
- The Manger,
SBI Credit Card Department,
F.M.C. Building, 3rd Floor,
234/3A, A.J.C. Bose Road,
P.S. Bhawanipur, Kolkata-20.
- The Manager,
SBI Cards & Payment Services Pvt. Ltd.
11, Parliament Street, New Delhi-110001.
- The Manager,
Tata Capital or Tata Credit Cards,
One forbes Dr. V.B. Gandhi Marg. Fort.
Mumbai-400001, India. ________ Opposite Parties
Present : Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 23 Dated 26-05-2015.
The case of the complainant in short is that in the month of one September complainant has applied for a credit card of Tata Capital or Tata Credit Cards which has not been served upon the complainant till date. But it is an extremely suspected and/or doubtful fact that the card made for his has been stolen somehow, because on 9.12.07 o.p. no.2 had admitted through a letter written to the complainant that ‘We are pleased to advice you that you are now a privileged member of the SBI Card family. Your SBI Card had been dispatched through courier to your. However despite multiple attempts by our courier we were unable to deliver the Card. The Card is presently lying with us undelivered etc.’ whereas the complainant never applied for any credit card or any other else to the SBI Credit Card Deptt. of SBI Cards & Payment Services Pvt. Ltd.
All on a sudden a Monthly Statement Of Tata dt.12.2.08 for Credit Limit Rs.75,000/- being the Credit Card No.5126229214180070 had been served upon the complainant by Tata Capital or Tata Credit Cards in which the information of two transactions on 1.2.08 ARKAPRIYA JEM A WBL 74,000/- in total has been seen as used.
It is a remarkable fact here that on 9.12.07 o.p. no.2 has admitted that the card is presently lying with them undelivered and till date that card has not been delivered to the complainant. So it is a mathematical calculation that the above said use of rs.74,000/- has been done by o.p. no.2 along with their men or agents. Because the card in question is under the custody of o.p. no.2, so it cannot be used by the complainant.
Decision with reasons:
O.p. nos.1 & 2 had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed. O.p. no.3 did not contest the case by filing w/v and as such, matter was heard ex parte against o.p. no.3.
We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainant is trying to evade his liabilities by stating false fact and it is an auto generated letter which o.p. company sent on 9.12.07 though it is fact that he received the said card letter. Regular statements were served to the complainant, but complainant avoided the same and regularly reminded the complainant for making payment, but complainant paid no heed to it and as such, o.ps. put the complainant’s name in CIBIL as per RBI norms and regulations.
In view of the findings above and on perusal of the entire materials on record, we find no deficiency on the part of o.ps. and complainant has miserably failed to substantiate and prove his case and is not entitled to relief.
Hence, ordered,
That the case is dismissed on contest against o.p. nos.1 & 2 and ex parte against o.p. no.3 without cost.
Supply certified copy of this order to the parties free of cost.
>Supply certified copy of this order to the parties free of cost.
