In the Court of the Consumer Disputes Redressal Forum, Unit -I, Kolkata, 8B, Nelie Sengupta Sarani, Kolkata-700087. CDF/Unit-I/Case No. 38 / 2009 1) Mustafeez Khan, 6-B, Tiljala Road, Kolkata-700046. ---------- Complainant ---Verses--- 1) The Manager, SBI Cards & Payments Services Pvt. Ltd., 234A, A.J.C. Bose Road, Kolkata-20. ---------- Opposite Party Present : Sri S. K. Majumdar, President. Sri T.K. Bhattacharya, Member Order No. 1 2 Dated 0 4 / 0 3 / 2 0 1 0 . Complainant Mustafeez Khan by filing a petition of complaint u/s 12 of the C.P. Act on 2.2.09 has prayed for directing the o.p. not to claim any amount and not to disturb the complainant till the disposal of the case and to pay compensation of Rs.10,000/- for harassment and mental agony and unfair trade practice and litigation cost of Rs.3000/-. Fact of the case in short is that complainant applied for a credit card to the o.p. on 9.2.07 and the o.p. issued the credit card with a draft of Rs.6000/- on 15.2.07 in respect of card no.0005264685315122471 to the complainant. On 17.4.07 complainant received monthly statement showing Rs.1956.25 outstanding in his name. Complainant after receipt of loan amount of Rs.6000/- on 15.2.07 already cleared within the due date and the Health Shield Insurance charge was reversed on the telephone. So, the bill dt.17.4.07 is baseless. In spite of several requests to discontinue the SBI Credit Card, o.p. sent and demanded the amount from the complainant and at last complainant wrote a letter to o.p. on 26.6.07 and paid a sum of Rs.400/- and surrendered his credit card. He further wrote a letter on 17.12.07 and paid Rs.200/- with a request to cancel the card. But on 24.9.08 o.p. further claimed Rs.2435/- from the complainant which the complainant is not liable to pay, so it is clearly unfair trade practice. Accordingly, complainant filed this case. Decision with reasons : It appears on perusal of the record that 20.5.09 complainant was present and filed affidavit of service and 29.6.09 was fixed for filing w/v by o.p. But as none appeared on behalf of o.p. the case is heard ex parte. Only point need be decided in this case is that whether the claim of the complainant is justified and whether the o.p. should be directed not to send any further statement demanding money from the complainant in respect of credit card in question. We have perused the easy money draft, annex-1, which shows that Rs.6000/- was drawn in favour of complainant on 15.2.07. We find demand of Rs.1956.26 by the o.p. to the complainant vide monthly statement dt.17.4.07 in respect of the transaction of the complainant of the credit card in question. Complainant protested against such outstanding demand of Rs.1956.26 and he sent a letter to that effect on 3.5.07, annex-3. his letter regarding cancellation of his credit card to the Manager of SBI Credit Card Division, wherein he has stated that the loan taken by him has already been paid along with the processing fees. He was astonished in spite of such payment, the o.p. regularly sending the outstanding demand and he also paid Rs.400/- on 23.6.07 and it is also found from annex-5 that he paid Rs.200/- on 17.12.07. But even in spite of such payment o.p. issued demand letter claiming Rs.4870/- as outstanding dues and they have also stated that on receipt of aforesaid amount the account of the complainant will stand fully settled and the balance outstanding on his account will be reversed. We have also perused the affidavit of evidence of the complainant dt.18.11.09 wherein he has stated that he has paid Rs.6000/- on 12.3.07 and it is evident from ‘the copies enclosed with the affidavit of evidence’. Therefore, considering the facts, circumstances, evidence on record there is nothing to disbelieve the unchallenged testimony of the complainant and we also find that there is unfair trade practice committed by the o.p. in respect of the transaction of the credit card of the complainant in question and accordingly, the complainant is entitled to get some relief from this forum. Hence, Ordered, That the petition of complaint is allowed ex parte against the o.p. The o.p. is directed not to disturb the complainant in any manner whatsoever. The o.p. is further directed to pay compensation of Rs.3000/- (Rupees three thousand) only and litigation cost of Rs.1000/- (Rupees one thousand) only to the complainant within forty five 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 | 
