FINAL ORDER/JUDGEMENT

SHRI  REYAZUDDIN KHAN,MEMBER

This is an application U/S..35 of the C.P. Act, 2019.

Brief facts of the case is that the complainant became allured from the lucrative benefits of the Credit Card being SBI Credit Card No.0004317575064019665 in the year 2005 presented by  the agent of the OP’s.The complainant used the card for some time and decided to surrender the same due to financial crunch.The OPs provided an outstanding dues notice of Rs,11,000/ of the said Credit Card  to the complainant  on 17.12.2007.The complainant had paid all outstanding dues via payment receipt in which it mentioned  “Full and Final Settlement Payment”on 02.07.2008.

Later,when the complainant applied for an educational loan for his son’s academic purpose to study

outside India it was rejected on the ground of his poor CIBIL SCORE due to non payment of the said SBI Credit Card which he had already surrendered and paid all outstanding dues. When the complainant inquired about this  from the OP1 then came to know that an amount of Rs,62,430/  was still lying due on 21.04.2022.The complainant produced all the relevant documents related to the payment of the credit card

to the OP1 but The OPs not convinced and demanded unjustified amount of Rs,62,430/ from the complainant.Being aggrieved by the OPs the complainant sent one legal notice on 12.04.2022 and asked for issuing of “No Dues Certificate”but the OPs did not respond positively.Finally,the complainant approached the commission and prayed as mentioned in complaint petition for the ends of justiceOn perusal of records, we find that notice was served upon OP1 way back on 20.06.2022 and the OP2 on 21.06.2022 and No WV has been filed by the OPs to contest the case.As  the statuary period  for filling WV by the OP1 and OP2 have already been elapsed and hence the case runs ex-parte against the OP1 and OP2. Subsequently prayer of the OPs for filing questionnaires was allowed on 22.12.2022 subject to payment of cost of Rs,1000/ and the same be deposited in favour of Consumer legal Aid account Unit II.cost of Rs,1000 as imposed on 22.12.2022 was deposited by the OPs on 25.05.2023.It reveals that reply was filed by the complainant on 24.11.2023 to the questionnaires filed by the OPs on 31.03.2023 . OPs did not turn up on 14.05.2024 for final hearing.

Points for Determination

   1)  Whether the OPs are deficient in rendering proper service to the Complainant?
    2)  Whether the OPs have indulged in unfair trade practice

    3)  Whether the complainant is entitled to get relief or reliefs as prayed for?

 Decision with Reasons

Point Nos. 1 to 3 :-  

The above mentioned points are taken up together for the sake of convenience and brevity in discussion.

                                             We have travelled over the documents placed on record. The complainant has filed his Evidence supported by affidavit and also has filed his BNA.OPs filed the questionnaire The complainant availed a credit card facility being SBI Credit Card No: 0004317575064019665 in the year 2005 from the OPs.The complainant used the said credit card but after some time and due to financial burden,he surrendered the card to the OPs.The OPs issued an outstanding dues notice of Rs,11,000 (Rupees Eleven Thousand )only to be paid in two shots on dated 17.12.2007 in respect of the credit card in question.The complainant had paid the outstanding dues of Rs,11,000/- through proper receipts.Later,the complainant came know while applied for an educational loan for his son that there is still dues of Rs,62,430/ on 21.04.2022 and his CIBIL SCORE is very poor in respect of non payment of the said credit card.

Here,it is observed that as per the letter dated 17.12.2007 From The Manager Payment Assistance ,SBI Card,Sl.No.4767 mentioned that on Payment of Rs,11,000/  there will be no dues in respect of the said SBI Card No: 0004317575064019665 and in this context the complainant has paid the entire dues through proper receipts but after a gap of so many years ie,21.04.2022,the OPs  demanded or raised the dues bill of Rs,62,430/.

 So,it is clear from the documents attached that the complainant has paid the dues in connection of the Credit Card on 02.07.2008 but failed to obtained the “No dues certificate “and after a long gap of more then 13 years the OPs raised the dues bills without any prior communication which is not justified and negligent attitude on the part of OPs.

From the conduct and intention of the OPs regarding the resolving of the subject Credit Card dues  amount,it is observed that the OPs have not given the priority to the issue and neglected the same.

 In absence of any explanation for failure to comply with the stipulation of the request from the complainant to issue “NO Dues Certificate” we have no hesitation in concluding that the OP have committed deficiency in service and also has indulged in unfair trade practice.

 The Consumer Protection Act came into being in the year 1986. It is the benevolent piece of legislation to protect the consumers from exploitation. The spirit of the benevolent  legislation cannot be overlooked and its object is not to be frustrated.

We apprehend  that it might be a deliberate attempt on the part of the OPs to grab the innocent customers in an illegal way by creating pressure on him. We also apprehend that in some cases they might have been successful in grabbing the hard earned money of their customers specially those customers who are not able to reach to the commission. The OPs have miserably failed to prove their claim. It is absolutely a fake and fictitious demand of the OPs.

In the light  of the above observations, we are of the opinion that the complainant has established the case against the OPs.

The  OPs have not entered into appearance and not responded the court’s notice at the stipulated period. So it leads to negligence of duty and unfair trade practice on the part of OPs ,they tried to escape from their liability.OPs have  filed the E-chief and questionnaire and took part in the proceeding of the case.

As such we are of the considered view that there is  deficiency in service on the part of the OPs and unfair trade practice have been adopted in the said matter.

In the result the complaint succeeds .

Hence,

                                                         ORDERED

        That the Complaint Case be and the same is disposed of on ex-parte against OPs

1.OPs are directed  to withdraw the claim against the complainant of Rs, ,62,430/- (Rupees Sixty Two Thousand Four hundred thirty)only  and issue “NO Dues Certificate” in respect of the Credit Card No: 0004317575064019665 within 45 days from the date of this order..

2.OPs are jointly or severally  directed to pay Rs, 5,000 as litigation cost to the complainant.

The complainant is at liberty to put the matter into execution if the OPs transgress to comply the order of this commission.