In the Court of the Consumer Disputes Redressal Forum, Unit -I, Kolkata, 8B, Nelie Sengupta Sarani, Kolkata-700087. CDF/Unit-I/Case No. 196 / 2009 1) Sri Dilip Kr. Chakraborty and 2) Sri Dipamjan Chakraborty Resides at: 6/35, Bijoygarh, Kolkata-700032. ---------- Complainant ---Verses--- 1) The Manager, M/s. SBI Cards & Payments Services Pvt. Ltd., FMC Fortuna Building (#rd Floor), 234/3A, A.J.C. Bose Road, Kolkata-20. 2) Manager, State Bank of India, Strand Road, Kolkata-700001. 3) M/s. SBI Cards & Payments Services Pvt. Ltd., 90A, Udyog Vihar Sector, Haryana, Pin-122015. ---------- Opposite Party Present : Sri S. K. Majumdar, President. Sri T.K. Bhattacharya, Member Smt. Dipa Sen (Maity), Member. Order No. 8 Dated 0 8 / 0 2 / 2 0 1 0 . Main grievance of the complainant Dilip Kr. Chakraborty and his son Dipanjan Chakraborty who filed a petition of complaint u/s 12 of he C.P. Act on 27.5.09 praying for calling back the disputed bills and for paying compensation of Rs.25,000/- for deficiency of service committed by the o.ps. Manager and authorized person representing M/s. SBI Cards and Payment Services Pvt. Ltd. We have perused the petition of complaint wherefrom it appears that main grievance of the complainant is that even in spite of making payment of all the bills in respect of the credit card no.4317577205154330 in the name of Dilip Kr. Chakraborty complainant no.1 and additional card no.431757520515348 in the name of his son Dipanjan Chakraborty complainant no.2 since May 2005, the o.ps. most illegally and unwantedly have been threatening over telephone to pay the bills for the month of November,2006. But it appears on perusal of the record vide detail statement of purchases and hotel charge that amount of Rs.8772/- was lying unpaid. Over telephone o.ps. have threatened the complainant in objectionable manner using highly undesirable language. But actually the bill in question i.e. for the month of November, 2006 was paid by the complainant. Now the complainant submits before us that the o.ps. are agreeable to settle the matter and they have asked him not to proceed with this case. They have informed such message over telephone. So, the main grievance of the complainant is only harassment for the unfair trade practice of the o.ps. The o.ps. have not come to contest this case although they have sent a lawyer’s notice to the complainant alleging therein that the complainant is to pay Rs.23,276/- and unless he pays the same they will take legal action against him. Being afraid on receipt of such notice from the side of the o.ps. the complainant has come to this forum with the aforesaid prayer. It appears on perusal of the record that even in spite of receipt of the notice vide order no.4 dt.26.8.09 o.ps. have not come to contest this case. The complainant has also filed his affidavit of examination in chief. We have perused the same and it appears that the averments made out in his affidavit are in tune and similar to the recitals made out in his petition of complaint. We have also perused the disputed bill total amount of which is Rs.10,955.01 and the due date of payment is 23.12.06. But the payment was paid as per the pass book of the complainants being account no.108642 of United Bank of India, Bijaygarh College Branch that on 19.5.07 an amount of Rs.4821 was withdrawn from the account of the complainant in respect of SBI Credit Card. The bill was received by the complainant on 3.5.07. We have perused the Xerox copies of the Pass Book. In view of this position there is nothing to disbelieve the unchallenged testimony of the complainant. The O.Ps. in spite of receipt of the notice have not come to contest this case. Having due regard to the circumstances, we find merit in the case of the complainant which deserves to be allowed ex parte. Hence, Ordered, That the petition of complaint is allowed ex parte against the o.p. nos.1 to 3. The o.ps. are directed to call back the disputed bill in terms of the lawyer’s notice dt.12.11.08 in respect of the bill in question i.e. for the month of November, 2006. The o.ps. are jointly and/or severally directed to pay compensation of Rs.5000/- (Rupees five thousand) only positively within forty five days from the date of communication of this order and in default, 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-______ _____Sd-_______ MEMBER MEMBER PRESIDENT | 
