BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT:

SHRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENA KUMARI .A : MEMBER

SMT. S.K. SREELA : MEMBER

C.C.No. 70/2011 Filed on 10/03/2011

Dated: 15..07..2011

Complainant: P. Kumara Pillai, T.C.8/128, 'Sai Nikul', Cheruvaikkal, Sreekariyam – P.O., Thiruvananthapuram.

(Party in person)

Opposite parties:

1. The Manager, SBI Card Division, Trivandrum Local Office, Samastha Kerala Jubilee Soudam, Near Our College, 4^th Floor, Office No. 508, Thiruvananthapuram.

2. The Manager, SBI Card & Payments, No.32, Rajaisalaim Chennai.

3. The SBI Cards and Payment Services Pvt. Ltd., P.O.Bag No.28, GPO, New Delhi – 110 001.

This O.P having been heard on 18..06..2011, the Forum on 15..07..2011 delivered the following:

ORDER

SHRI.G. SIVAPRASAD, PRESIDENT:

The facts leading to the filing of the complaint are that, complainant is the holder of SBI Card No: 4006661519502285, that the said card was obtained during the year 2006 July, that he was holding another card bearing No. 4006661034711270 which was renewed by the new card, that the said card was obtained from the opposite parties through their agent Mr. Sheeban, that the said card was taken to purchase goods on credit basis and to withdraw upto a certain limit in case of emergency, that opposite parties offered a personal loan on 26/12/2006 for Rs. 61,000/- to the complainant, that the repayment is to be made in 48 installments by way of EMI amounting to Rs. 2084.17 + Government Service Tax which would be changed every month, that complainant used to pay the monthly installments at the local centre of the 1^st opposite party in the initial stage, that thereafter opposite parties informed him to pay through cheques from August 2008 onwards, that thereafter complainant issued monthly cheque before due date, that the due date is fixed by the opposite parties as 25^th of every month, that complainant received a statement of account for the month of January 2009 from the opposite parties at Chennai on 21/01/2009, that as per the said statement of account complainant is to be paid Rs. 2,189.53, that complainant had paid Rs.2,200/- as per cheque No. 029566 of SBT, Sreekariyam Branch on 19/01/2009, and that the said cheque was cleared on 22/01/2009 crediting the amount three days before the due date. It is submitted by the complainant that even after receiving the said amount opposite parties began to make unnecessary claim for the month of January 2009 as if they have not received the amount, that complainant had furnished the bank account statement as requested by opposite parties through E-mail and directly through under certificate of posting, that eventhough complainant had informed the irregularities on several occasions to the office of the 1^st opposite party, but no reply was sent by them till date nor were they willing to verify and peruse their records regarding the crediting of the amount, that in the meantime opposite parties illegally blocked the facilities which is available to the consumer by stating that amount for the month of January 2009 is due from him, that thereafter complainant has not paid the renewal amount for the period 2010, that he could not use the SBI card facility eventhough he had paid renewal amount for the year 2009, that opposite parties sent replies on 31/1/2011 & on 5/2/2011 claiming illegal amount from the complainant, that there is defect and default in the manner of performance adopted by the opposite parties, and that there is deficiency in service and unfair trade practice on the part of opposite parties. Hence this complaint to quash the demand notice / letter dated 5/2/2011 by the opposite parties, to direct opposite parties to credit in their account an amount of Rs.2,200/- paid by the complainant vide cheque No.029566 dated 19/01/2009, to restrain opposite parties from realizing any amount from the complainant in connection with the said amount, to declare that complainant is not liable to pay any amount in connection with the said SBI Card and direct opposite parties to pay compensation and cost to the complainant.

2. Opposite parties have not turned up inspite of service of notice on them. No version filed. Hence opposite parties set ex-parte.

3. The points that arise for consideration are:

1. Whether complainant is entitled to get the notice / letter dated 5/2/2011 cancelled?

    

2. Whether complainant is entitled to get credited Rs. 2,200/- in his account?

    

3. Whether complainant is liable to pay any amount in connection with SBI Card No. 4006661519502285 to opposite parties?

    

4. Whether there is unfair trade practice and deficiency in service on the part of the opposite parties?

    

5. Whether complainant is entitled to compensation and cost?

In support of the complaint, complainant has filed proof affidavit and has marked Exts. P1 to P15.

4. Points (i) to (vi): Complainant is the holder of SBI card No.4006661519502285 by Ext. P1. It has been the case of the complainant that he has obtained the said SBI Card to purchase goods on credit basis and to withdraw the cash upto a certain limit. It has also been the case of the complainant that opposite parties offered a personal loan on 26/12/2006 for Rs.61,000/- which has to be repaid in 48 installments by way of EMI amounting to Rs.2,084.17 + Government Service Tax which would be changed every month. It has also been contended by the complainant that from August 2008 onwards he used to pay the monthly installments through cheque as requested by the opposite parties before the due date fixed by opposite parties on 25^th of every month. It has been further contended by the complainant that as per the statement of account sent by opposite parties for the month of January 2009 Rs. 2,189.53 has to be paid, but he had paid Rs. 2,200/- as per cheque No. 029566 of SBT, Sreekariyam Branch on 19/01/2009, that the said cheque was cleared on 22/01/2009 crediting the amount three days before due date. It has been the specific case of the complainant that even after receiving the said amount opposite parties began to make unnecessary claim for the month of January 2009 as if they had not received the amount. Even after given details of the cheque and the date of clearance, no action was taken by opposite parties in the said matter, that complainant has informed the irregularities several times to the office of the 1^st opposite party, no reply was sent by opposite parties. Thereafter complainant sent a letter to one Mr. Divya Dhody, the Asst. Vice President, who took charge in place of Ajay Bharati, who sent a reply stating that an amount of Rs. 22,975/- is still pending. Further it has been the grievance of the complainant that opposite parties in the meantime illegally blocked the facilities available to him by stating that the amount for the month of January 2009 is due to him. Complainant's evidence consists of his oral testimony and Exts. P1 to P15. Ext. P1 is the copy of the SBI Card. Ext. P2 is the copy of the letter dated 6/04/2009 addressed to Ajay Bharathi, Asstt. Vice President, SBI Cards & Payment Services, New Delhi narrating all the incidents in connection with the statement for the month of January 2009 received by him on 21/01/2009. As per Ext. P2 complainant has informed the Vice President that upto July 2008 he was remitting the dues in cash in their local office at Thiruvananthapuram from August 2008 the payment has been made by cheque, that in the said letter he has mentioned cheques details of payment by way of cheque numbers and their dates. Ext. P3 is the copy of the letter dated 7/4/2009 addressed to Mr. Sandeep, Team Manager, Chennai, detailing the whole story of the episode. In the said letter he has also stated that he has enclosed a copy of the bank statement and copy of the cheque No. 029566 dated 19/01/2009. Ext. P4 is the copy of the letter dated 22/04/2009 addressed to opposite parties. Ext. P5 is the copy of the cheque in dispute. Ext. P6 is the copy of the statement of account given by the State Bank of Travancore, Sreekariyam to the complainant dated 16/02/2009. As per Ext. P6 the statement of account is for the period from 01/01/2008 to 16/02/2009. On perusal of Ext. P6 it is seen that Rs. 2,200/- vide cheque No. 029566 is debited in his account on 22/01/2009, thereby it is evident that complainant has remitted Rs.2,200/- to SBI card by way of cheque on 22/01/2009. It is contended by the complainant that the due date is fixed as 25^th of every month, thus it is seen by Ext. P6 that complainant had remitted the said EMI to opposite parties within due date. Ext. P7 is the copy of the letter dated 31/01/2011 issued by opposite parties to complainant informing the latter that the finance charges will be calculated on opening balance as well as fresh purchases and the said process will be continued till the complete outstanding on the card account is paid in full. Ext. P8 is the copy of the letter dated 05/02/2011 addressed to complainant by opposite parties informing him that a final opportunity was given to him to pay / clear the outstanding dues amounting to Rs. 24,427.65 within a period of 7 days of the receipt of the said letter, failing which opposite parties will be compelled to initiate appropriate legal proceedings, as deemed fit for the recovery of its dues along with interest, cost and other charges. It is pertinent to point out that the said letter is not accompanied by any statement of account showing the details of amounts received by the opposite parties. Ext. P9 is the copy of the letter dated 05/01/2010 issued by opposite party to complainant informing him the total outstanding as Rs. 34,038/-. Ext. P10 is the copy of the letter dated 5/12/2010 claiming Rs.23,665 from the complainant. It is to be noted that Exts. P8, P9 & P10 do not bear the signature of any of opposite parties. It is stated therein that the letter is system generated and does not require any signature. No statement of account is seen furnished by opposite parties along with the said letters. Ext. P11 is the copy of the letter dated 13/01/2011 issued by complainant to Divya Dhody, Asstt. Vice President, SBI Cards. Ext. P12 is the copy of the letter dated 16/02/2011 to Divya Dhody issued by complainant detailing the amount of Rs. 20,785/- towards late fee, financial charges and excess GST etc., unwantedly debited in his account by opposite parties along with the EMI amount of Rs.2,200/- for the month of January 2009 not accounted in his account by the opposite parties thereby it has been alleged by the complainant that a sum of Rs. 22,975/- has been collected by opposite parties towards illegal payment. Ext. P13 is the copy of the letter sent by the complainant to opposite party dated 27/10/2009. Ext. P14 is the copy of advocate notice issued by opposite parties on 23/05/2011 claiming an amount of Rs. 27,418.26 as arrears of payment. Ext. P15 is the reply to Ext. P14 issued by complainant stating that no amount is due from him to the opposite parties. It is pertinent to point out that complainant has filed this complaint on 10/03/2011, and this Forum admitted the complaint on 17/3/2011 and opposite parties received notice on 22/03/2011 and after receiving the said notice opposite parties had sent advocate notice by Ext. P14. Opposite parties never entered appearance nor contested the case by filing version nor furnished any documents to substantiate the claim of the opposite parties by Exts. P8 to P10 & P14. Complainant has never been cross examined by the opposite parties thereby affidavit filed by complainant remains unchallenged / uncontroverted. Complainant has established his case by way of proof affidavit and Exts. P1 to P15. Inview of the above we are of the considered opinion that complainant is entitled to get the demand notice / letter dated 5/2/2011 cancelled and get credited Rs.2,200/- in his account. Complainant is not liable to pay any amount in connection with the said SBI card to opposite parties. Since opposite party has not contested the case nor filed version or documents against the complainant, we are of the view that the allegation raised by the complainant against opposite parties is genuine and thereby we come to the conclusion that there is unfair trade practice and deficiency in service on the part of opposite parties.

In the result, complaint is allowed. Complainant is not liable to pay any amount in connection with SBI Card No. 4006661519502285 to the opposite parties. Opposite parties shall credit Rs.2,200/- paid by the complainant through cheque No.029566 dated 19/01/2009 of SBT, Sreekariyam Branch in his account. The demand notice or letter dated 5/02/2011 issued by opposite parties to complainant is cancelled. Opposite parties shall pay Rs. 5,000/- towards compensation to the complainant. Complainant is left to bear and suffer his cost.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 15^th day of July, 2011.

G. SIVAPRASAD

PRESIDENT.

BEENA KUMARI .A,

MEMBER.

S.K. SREELA,

ad. MEMBER.

C.C.No: 70/2011

APPENDIX

I. Complainant's witness : NIL

II. Complainant's documents:

P1 : Copy of the SBI Card

P2 : Copy of the letter dated 6/4/2009 addressed to Ajay Bharathi, Asst. Vice President, SBI Cards & Payment Services, New Delhi.

P3 : " letter dated 7/4/2009 addressed to Mr. Sandeep, Team Manager, Chennai.

P4 : " letter dated 22/4/2009 addressed to opposite parties.

P5 : " cheque in dispute

P6 : " statement of account dated 16/2/2009

P7 : " letter dated 31/1/2011 issued by opposite parties to complainant.

P8 : " letter dated 5/2/2011 addressed to complainant by opposite parties.

P9 : " letter dated 5/1/2010 issued by opposite party to complainant.

P10 : " letter dated 5/12/2010 claiming Rs. 23,665/- from the complainant

P11 : " letter dated 13/1/2011 issued by complainant to Divya Dhody, Asst. Vice President, SBI Cards.

P12 : " letter dated 16/2/2011 to Divya Dhody issued by complainant.

P13 : " letter sent by the complainant to opposite party dated 27/10/2009.

P14 : " advocate notice issued by opposite party on 23/5/2011 claiming an amount of Rs. 27,418.26 as arrear payment.

P15 : The reply to Ext. P14.

III. Opposite parties' witness : NIL

IV. Opposite parties' documents : NIL

 PRESIDENT.