In the Court of the Consumer Disputes Redressal Forum, Unit -I, Kolkata, 8B, Nelie Sengupta Sarani, Kolkata-700087. CDF/Unit-I/Case No. 107 / 2008 1) Sri Debabrata Bhattacharya, 887, R.N. Tagore Road, Kolkata-77. ---------- Complainant ---Verses--- 1) The Manager, S.B.I. Credit Card Dept., 234/3A, A.J.C. Bose Road, Kolkata-20. 2) The Manager, S.B.I. Credit Cards & Payment Services Pvt. Ltd.,, 11, Parliament Street, New Delhi-01. ---------- Opposite Party Present : Sri S. K. Majumdar, President. Sri T.K. Bhattachatya, Member. Order No. 1 3 Dated 3 0 / 1 2 / 2 0 0 9 . Complainant Debabrata Bhattacharya by filing a petition u/s 12 of the C.P. Act on 7.4.08 has prayed for issuing a direction upon the o.ps. to supply the copy of he SBI Card Member Agreement, terms and conditions for using cards and all the statements of account in detail in respect of his SBI Credit Card no.4006661039764027 and not to claim further money from the complainant and not to create any disturbance to the complainant and to pay compensation etc. Complainant is an employee of Oriental Bank of Commerce and he is credit card holder being no.4006661039764027 and made payments time to time. O.ps. had sent an encash offer of Rs.28000/- to the complainant stating to refund Rs.25044/- x 12 + Rs.420 = Rs.30948/- within 12 months by way of instalments. Again on 7.9.05 said encash officer sent Rs.30000/- to the complainant and consequently, complainant has to refund proportionate Rs.2741 x 12 + Rs.450/- = Rs.33342/- within 12 months by instalments. O.ps. had submitted statement showing excess amounts i.e. P-Loan Processing, annual fee credit, pre-computed interest, Govt. Service Tax on loan amount, encash EMI TRAN Plan 24 etc. with no explanation on 5.10.05, but the complainant paid Rs.2012.79 on 19.10.05. Again o.p. no.1 had sent statement showing more excessive amount on 5.12.05 although complainant had already paid Rs.1515.40 on 25.11.05. In this way o.ps. had sent statement showing more excessive amount on 5.1.06 although the complainant had already paid Rs.3000/- on 4.1.06. On different dates viz. on 5.2.06 and 5.3.05 o.ps. sent statement showing excess of Rs.30114.49 and Rs.30164.35 respectively, but complainant on 9.3.06 had paid Rs.24530.50. Complainant had paid Rs.31058.59 just ending six months and as per the respondent’s commitment as stated in paragraph 3 of the petition of complaint. Again and again the respondent on some other several dates sent statement showing more excess payment in terms of their letter, annex-P-7. Complainant received letter from the advocate of the o.ps. informing the complainant that his SBI cards has an outstanding of Rs.15484.71 payable to the o.ps. and he also advised the complainant to contact SBI card officer Mr. Rajdeep on his mobile telephone no.9836803897 regarding such payment. O.ps. have also imposed some interest which has no basis and is thoroughly unreasonable. Through their advocate complainant was informed that for his excessive use of credit card they have charged interest. O.ps. disclosed some abnormal amount in a letter dt.4.12.07 sum of Rs.18187.17 payable to SBI card authority, but in their letter dt.12.11.07 they have stated that the outstanding due of the complainant amounts of Rs.18678.22. Being aggrieved against such illegal demands of the o.ps., complainant has filed this case with the aforesaid prayer against the o.ps. Decision with reasons : - It appears on perusal of the record vide order no.3 dt.19.5.08 that the notice was duly served upon the o.p. no.1 and no S/R is received against o.p. no.2 who is the mother concern of o.p. no.1. So, service upon o.p. no.2 is accepted. But as none appeared on behalf of the o.ps. the case is heard ex parte. Only point is to be decided in this case is that whether the demand of o.p. by sending various statement of account is justified, correct and true and if not whether the complainant is entitled to get the relief as prayed for. Admittedly, complainant is SBI credit card holder being no.4006661039764027. We have perused the letter of encash offer showing that the complainant was pre-approved for an amount upto Rs.28000/- over and above his existing credit card limit and no paper, no documentation, no guarantor, no post dated cheque was required and the monthly instalment was Rs.2544/- for 12 months. Another encash offer dt.7.9.05, annex-P-2 showing amount of Rs.30000/- drawn in favour of the complainant. We have also perused annex-P-3 dt.5.10.05 showing P-Loan Processing, annual fee credit, Govt. Service tax and loan amount, pre-computed interest, encash EMI TRAN PLAN 24, encash debit etc. and it also appears Rs.2012.79 was paid on 19.10.05 by a cheque. Similarly, it appears from annex-P-4 that he paid Rs.1515.40 on 25.11.05, but complainant had already paid Rs.3000/- on 4.1.06 vide annex-P-2 along with annex-P-5. We have also perused other statement vide annex-P-6/1, P-6/2, P-6/3, P-7/1, P-7/2, P-7/3, P-7/4, P-7/5, P-7/6. It appears from the letter of the o.p. addressed to the complainant that they have demanded a sum of Rs.15484.71 as outstanding and payable by the complainant to the o.p., annex-P-8 and they have also threatened him that unless complainant paid the said amount within seven days from the date of receipt of the notice, they will initiate appropriate legal proceeding against him. Complainant protested against him by sending his letter, annec-P-9 with reference to o.p’s letter dt.10.8.07, wherein he has demanded the copies of the agreement for SBI card accounts and entire accounts regarding the SBI card account no.0004006661031497634 and SBI card no.4006661039764027 and he also informed that unless and until he gets the same from the o.ps. he is not in a position to pay the admissible dues. We have also perused the reply of the o.ps., annex-P-9 wherein they have alleged that for different projects on different dates by the complainant they have charged the said amount. Complainant has also given reminder demanding for the supply to copies of the agreement of all the accounts regarding his SBI card number vide annex-P-10. It appears from annex-P-12 wherein they have made offer of conciliation of provision of Section 62 of the Arbitration and Conciliation Act, 1966 with regard to the account of the complainant. But they have made demand of Rs.18187.17 payable by the complainant. We have also perused the evidence on oath of the complainant wherein he has stated all about the facts mentioned in the petition of complaint and the evidence is corroborative in nature. We have also perused BNA submitted by complainant wherein he has also ventilated his grievance with the help of the annexures filed by complainant and there he also prayed for giving relief to him as mentioned in his petition of complaint. Considering the facts, circumstances and evidence on record we have nothing to disbelieve the unchallenged testimony of the complainant. Hence, Ordered, That the case is allowed ex parte against o.p. nos.1 and 2 with cost. O.p. nos.1 and 2 are directed to supply the true and correct copy of the SBI Card Member Agreement, terms and conditions for using the card and all the statement of accounts in detail within 45 dates from the date of communication of this order. O.ps. are also directed not to claim any further money from the complainant without giving true and correct statement of accounts in respect of his credit card number mentioned above. They are also restrained from disturbing the complainant in any manner whatsoever. O.ps. are also directed to pay compensation of Rs.10,000/- (Rupees ten thousand) only and Rs.2000/- (Rupees two thousand) only as litigation cost to the complainant making a grand total of Rs.12,000/- (Rupees twelve 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 | 
