In the Court of the Consumer Disputes Redressal Forum, Unit -I, Kolkata, 8B, Nelie Sengupta Sarani, Kolkata-700087. CDF/Unit-I/Case No. 52 / 2009 1) Ms. Keya Basu, 11A, Mirza Ghalib Street, Kolkata-700087. ---------- Complainant ---Verses--- 1) The Manager, SBI Cards & Payment Services Ltd., 234/3A, A.J.C. Bose Road, Kolkata-700087. ---------- Opposite Party Present : Sri S. K. Majumdar, President. Sri T.K. Bhattachatya, Member. Order No. 1 0 Dated 0 8 / 1 2 / 2 0 0 9 . This case arises out of a petition of complaint filed by the complainant Ms. Keya Basu against the Manager representing SBI Cards and Payment Services Pvt. Ltd. The complainant filed this case on 5.2.09 praying for issuing direction upon the o.p. to withdraw the bills/statements against the three credit cards in question, to issue a no due certificate in respect of credit card nos. 4317575209791741, 4317575209225813 and 431757520516771 separately and to pay compensation of Rs.40,000/- and to pay litigation cost of Rs.1000/- and to inform who was the giver and who was the receiver of rs.8000/- as easy money draft mentioned in the statement dt.3.7.05, and to stop sending of credit card or statement in future and to pass an interim order as the forum may deem fit and proper. It is the specific case of the complainant that the SBI Card authority sent her one statement dt.3.11.08 demanding Rs.2991.70 against card no.4317575209791749 which was not received by her at all. On 3.10.08 o.p. had sent her one statement against the card amounting to Rs.2501.90 and that card was not also received by her nor she wanted that card. On 3.8.08 o.ps. demanded outstanding dues of Rs.1646.91 and subsequently in another statement dt.3.9.08 they demanded Rs.2068.37 against card bearing no.4317575209791749 which was also not received by her. And before that o.p. also sent her a letter dt.3.10.08 demanding Rs.2501.90 against card no.4317575209225813 and that card was not also wanted by her. O.p. also sent another new card bearing no.4317575209225813 arbitrarily and unwontedly and this card was not also opened by her. She immediately cut out the new card in four pieces and the Xerox copies of such cut out card were sent to the DCDD, Lalbazar and the Manager, SBI Head Office on 31.10.05. Police investigation by Anti Fraud Section, Lalbazar was taken and the o.p. in their letter dt.3.12.06 demanded Rs.2083.59 quoting card no.4317575209225813 and again on 3.2.07 they sent one statement. O.p. has, therefore, committed unfair trade practice by sending those credit card which were neither received nor wanted by her. She also challenged the draft for easy money for Rs.8000/- and asked to inform her who was giver and the receiver of the draft for Rs.8000/-. As no such draft was given or received by her because she did not open the secret number till now and which remains intact and she asked them to lodged FIR against such fraudulent and criminal activity. She returned the original credit card no.4317575205167712 (cut in four pieces) to the Manager, SBI Local Head Office, 11, Parliament Street, New Delhi under regd. post with A/d with a request to close down or to cancel the card at once with intimation to the petitioner. She also lodged complaint to DCDD, Lalbazar against such harassment and for unfair trade practice of the o.p. She also informed the o.p. in his letter dt.7.11.08 for accepting her demands as made out in his prayer portion of petition of complaint. Decision with reasons : It appears on perusal of the record that the case was filed on 17.2.09 and 8.4.09 was fixed for S/R. Ultimately, the ex parte hearing was fixed on 14.5.09 with the observation that the complainant filed the notice showing service upon the o.p., but the o.p. was absent without any step. The main grievance of the complainant is that the o.p. sent on several dates four SBI Credit Cards demanding money against each statement and ultimately they debited Rs.8000/- from his original account. She surrendered the credit cards and never utilized those cards and most unauthorizedly and illegally they debited the amount of Rs.8000/- from her account and refused to issue no due certificate. Her further case is that she informed about this criminal activity to Anti Fraud Section, Lalbazar and the case was investigated by the police. In support of her contention the complainant has filed the documents relating to different statement of accounts vide annex-2,3,4 &5. Her complaint to the policy to Anti Fraud Section, Lalbazar and information of the same to the Manager, SBI local head office appertains to annex-6,7 & 8. Annex-9 & 10 relate to the letters dt.3.2.07 and 3.12.06 for demand of Rs.283.59 against card no.4317575209225813. Her FIR and connected policy papers are annex-11 & 12. She has also categorically stated that in the statement dt.3.8.05 the amount of Rs.8000/- was deleted, but the o.p. did not inform her who had drawn the draft and who gave it and in this connection she has drawn our attention to annex-13, 14 & 14A and ultimately the o.p. demanded by his letter dt.7.11.08 further amount of money and sum total of her grievance is that all the demand of the o.p. amounts to unfair trade practice and accordingly, finding no other alternative she has filed this case with the aforesaid prayer. We have also perused her affidavit of examination-in-chief wherein she has substantiated her claim and the averments made out therein are corroborated with the averments made out in her petition of complaint. Therefore, considering the facts, circumstances and documents on record we are of the opinion that she has been able to prove her case. Hence, Ordered, that the petition of complaint is allowed ex parte. No order is passed as to cost. The o.p. is directed to issue no due certificate in respect of credit card nos.4317575209791749, 4317575209225813 and 4317575205167712. The o.p. is also directed to pay compensation of Rs.5000/- (Rupees five thousand) only and litigation cost of Rs.1000/- (Rupees one thousand) only. The o.p. is further directed to pay the grand total of Rs.6000/- (Rupees six thousand) only positively within thirty days from the date of communication of this order, failing which it will carry interest @ 10% p.a. till full realization. Fees paid are correct. Supply certified copy of this order to the parties on payment of prescribed fees. ____Sd-_____ ______Sd-_______ MEMBER PRESIDENT | 
