BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENAKUMARI. A : MEMBER

SMT. S.K.SREELA : MEMBER

C.C. No. 145/2008 Filed on 03.07.2008

Dated : 31.07.2009

Complainant:

A. Anoob, T.C 41/2457, TRA 96, Simi Nivas, Manacaud, Thiruvananthapuram- 9.

(By adv. Sreevaraham N.G. Mahesh)

Opposite parties:

1. The Manager, SBI Cards and Payment, P.O Bag No. 24, G.P.O, New Delhi-110 001.

    

2. The Manager, SBI Cards, T.C 14/2132, Behind Saphalyam Complex, Near Jubilee Hospital, Thiruvananthapuram-34.

This O.P having been heard on 29.07.2009, the Forum on 31.07.2009 delivered the following:

ORDER

SMT. S.K.SREELA : MEMBER

Very briefly stated the facts of the case are that the complainant who availed the credit card facility of SBI Cards was duly repaying the outstanding balance in the said credit card without any default, but the opposite parties were reluctant to issue statement showing balance amount due to them. The complainant had withdrawn an amount of Rs. 22,779.50 by using the said card facility and remitted an amount of Rs. 16,000/- on 08.06.2006 since the opposite party informed that Rs. 6,779.50 is reduced towards full and final settlement. Even after that, account of the complainant was not closed and thereafter the opposite party intimated the complainant that an amount of Rs. 16,428.44 is due. The complainant had sent an advocate notice claiming opposite parties to give correct statement and as per the assurances in the reply the complainant had remitted Rs. 16,000/- towards full and final settlement of the account. Though the complainant approached the opposite party several times to close the credit card account, the opposite party has adopted delay tactics causing heavy loss to the complainant and hence this complaint for redressal of his grievances.

Inspite of acceptance of notice from the Forum, the opposite party never appeared nor filed their version. Hence opposite party remains exparte.

The complainant has filed affidavit in lieu of chief examination and marked Exts. P1 to P4.

The issues for consideration are:-

1. Whether the complainant is entitled to pay the amount claimed by the opposite party?

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

3. Reliefs and costs.

Points (i) to (iii):- The complainant alleges that as per the demand of the opposite party, he had remitted Rs. 16,000/- on 08.06.2006 towards full and final settlement of the said credit card account. The complainant further alleges that even after repeated requests, the opposite party has not closed the said account of the complainant. Ext. P1 proves the payment of Rs. 16,000/- by the complainant to the opposite party on 08.06.2006. The opposite party has demanded in Ext. P3 reply sent to the complainant's counsel that an amount of Rs. 16,428.34 is outstanding as on 20.02.2008. But the opposite parties have not produced any document supporting the same. The complainant has sworn that he has cleared the entire dues and has remitted Rs. 16,000/- towards full and final settlement of the said account. Since complainant has not been cross examined his affidavit stands unchallenged. The opposite has neither filed their version nor turned up to contest the matter. Now the opposite party has claimed amount from the complainant. The explanation and details of which have not been produced by the opposite party. As a financial institution, the duty upon the opposite parties were of a higher degree of care and caution which the opposite party has failed. Having received the amount from the complainant, the opposite party was bound to account the same and close the credit card above referred.

On the basis of affidavit and documents on record, we find that the opposite party is guilty of deficiency in service and unfair trade practice.

In the result, the complaint is allowed and the complainant is found not entitled to remit any further amount to the opposite parties. The opposite parties shall stop such unfair trade practice and shall close the account of the complainant with immediate effect. The opposite party shall also pay an amount of Rs. 3,000/- as compensation and Rs. 1,500/- as costs to the complainant within a period of one month failing which the entire amount above mentioned shall carry interest @ 12%.

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 31^st day of July 2009.

S.K. SREELA : MEMBER

G. SIVAPRASAD : PRESIDENT

BEENAKUMARI. A : MEMBER

C.C. No. 145/2008

APPENDIX

I COMPLAINANT'S WITNESS :

NIL

II COMPLAINANT'S DOCUMENTS :

P1 - Photocopy of cash receipt dated 08.06.2006 for Rs. 16,000.

P2 - Copy of advocate notice with A/D card dated 13.02.2007

issued to opposite party.

P3 - Reply notice dated 23.02.2008 of opposite party.

P4 - Postal receipts (2 Nos.)

III OPPOSITE PARTY'S WITNESS :

NIL

IV OPPOSITE PARTY'S DOCUMENTS :

NIL

PRESIDENT