In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No. 242 / 2009.
1) Sri Abhijit Sarkar,
39F, Suren Sarkar Rd., Kolkata-10. ---------- Complainant
---Versus---
1) The Manager, M/s. SBI Cards and payments Services Pvt. Ltd.,
FMC Fortuna (3rd Floor), 324/3A, A.J.C. Bose Road, Kol-20.
2) Manager, S.B.I. Cards,
46C, Chowringee Road,
15A, Everest House(15th Floor), Kolkata-71.
3) Br. Manager, S.B.I., Narkeldanga Branch,
274, C.I.T. Road, Scheme-IV, Kolkata-700054.
4) Ms. Arpita Mondal, Staff/Agent, S.B.I., Narkeldanga Branch,
274, C.I.T. Road, Scheme-IV, Kolkata-700054 ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Sharmi Basu, Member
Order No. 20 Dated 28/05/2012.
The petition of complaint has been filed by the complainant Sri Abhijit Sarkar against the o.ps. SBI Cards and Payments Services Pvt. Ltd. and others. The case of the complainant in short is that complainant had been to SBI Narkeldanga Branch for banking purpose and there one Mrs. Arpita Mondal a staff, agent of the said branch insisted to apply for a credit card which complainant obliged and on 12.3.07 he received SBI credit card with ad-on card and on that very day complainant was called by Arpita Mondal with the card in the Credit Card Section of the said branch for the knowledge and formalities and information as regards such credit card of complainant and Arpita Mondal took the card along with a letter in connection on the plea of formalities and activation and assured activation within a day and in the evening said Arpita Mondal intimated complainant over phone that another 2 days would be required for activation of the card.
Further case of complainant is that on 15.3.07 complainant was informed over phone by SBI Credit Card Office, Gurgaon that there were purchase of ornament costing Rs.1500/- against the said credit card and complainant went to Narkeldanga Branch of SBI to talk to Arpita Mondal but she was found absent and he contacted one Gopal Biswas, an employee of SBI Credit Card Section over phone who advised complainant to appear at SBI Cards Office, Everest House on 17.3.07 and accordingly, complainant had been there on the same date at the same venue and Gopal Biswas called Arpita Mondal and asked about the credit card and Arpita denied taking the credit card for activation of complainant and at it complainant got perplexed and lodged written complaint against Arpita Mondal on 17.3.07 at Phulbagan P.S. vide case no.43 u/s 406, 467, 471, 420 IPC. Further case of complainant is that he received a bill of Rs.1500/- from o.p. vide statement dt.2.4.07 and came to know the fictitious purchase was made from J.V. Jewellers and complainant mate Mr. Cook at their AJC Bose Road SBI Card Section 3rd floor with a copy of the complaint made against Arpita Mondal with Phulbagan P.S. and Mr. Cook received the copy and assured complaint that he will look into the matter and no such bill would be sent to complainant further regarding the said transaction. Despite the same complainant received a bill as against Dec. 2008 amounting to Rs.34,786.17. Complainant sent lawyer’s letter to o.p. but no fruitful result was brought forth. Hence, the case filed by complainant with the prayer contained in the prayer portion of the petition of complaint.
O.p. no.1 had entered its appearance in this case by filing w/v and denied all the material allegations labeled against it and prayed for dismissal of the case. Matter was heard ex parte as against o.p. nos. 3 and 4 as o.p. nos. 3 and 4 did not contest this case by filing w/v. O.p.2 enpung vide order dt. 08/09/2010.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular. On perusal of the entire materials on record we do not find any cogent document filed by o.p. in support of transaction as against the credit card in question acceptable to this Forum and this action amounts to profuse deficiency on the part of o.ps. being a service provider to its consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the petition of complaint is allowed on contest against o.p. no.1 with cost and ex parte as against o.p. nos. 3 and 4 with cost. O.ps. are jointly and/or severally directed to withdraw the fictitious bill and are further directed to pay to the complainant compensation of Rs.20,000/- (Rupees twenty thousand) only for his harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties.
_____Sd-_____ _____SD-_____ ______Sd-______
MEMBER MEMBER PRESIDENT
