In the Court of the Consumer Disputes Redressal Forum, Unit -I, Kolkata, 8B, Nelie Sengupta Sarani, Kolkata-700087. CDF/Unit-I/Case No. 181 / 2009 1) Sri Subhasish Chatterjee, 107A, Ashutosh Mukherjee Road, P.S. Bhawanipur, Kolkata-700025. ---------- Complainant ---Verses--- 1) The Manager, SBI Credit Card Department, SBI Cards & Payment Services Pvt. Ltd., 234/3A, A.J.C, Bose Road, Kolkata-20. 2) The Manager, SBI Cards & Payment Services Pvt. Ltd., 11, Parliament Street, New Delhi-110001. ---------- Opposite Party Present : Sri S. K. Majumdar, President. Sri T.K. Bhattachatya, Member Smt. Dipa Sen (Maity), Member. Order No. 8 Dated 2 9 / 0 1 / 2 0 1 0 . This is a case filed by the complainant one Sri Subhasish Chatterjee, son of late Adhir Chandra Chatterjee residing at 107A, Ashutosh Mukherjee Road against the o.p. SBI Credit Card Deptt., SBI Cards and Payment Services Pvt. Ltd. The case of the complainant is that he complainant was issued with a credit card by the o.p. being no.000-4317-5752-0455-5958 on 19.5.04. That on 26.4.06 a settlement was arrived at between the complainant and the o.p. at the office of the o.p. no.1 at 234/3A, A.J.C. Bose Road, Kolkata-20. On issuance of one cheque for Rs.3000/-, one cheque for Rs.2000/- and 10 other cheques for Rs.2100/-, altogether 12 cheques of amounting to Rs.26000/- only. A confirmatory letter was signed by the Manager Payment Assistance of the o.ps. these cheques were received by the o.ps. with proper receipt. The complainant was satisfied that his matter has been settled and after that the complainant has never used the said credit card any further. However, he was surprised and shocked to receive two letters no. QL/90/Ann/07/461 dt.9.8.07 from o.p’s advocate Rajeev Agarwal claiming an amount of Rs.19043.13 and another notices dt.15.4.09 claiming Rs.37697.83 from the complainant as outstanding dues of the said credit card. Out of those 12 cheques all the “cheques were encashed by the o.p. only one cheque was not presented for which the complainant was ready to pay. But in spite of that the agents and official of the o.ps. claimed the whole amount of Rs.37697.85 along with further charges and repeatedly threatened the complainant for that payment. It appears from the record that the complainant has filed affidavit of service of notice and that was accepted by the Forum on 10.8.09. Both the o.p. has not appeared or not taken any step and the case was heard ex parte on 30.12.09. Let us see whether the complainant is able to prove his case or not. Decision with reasons: The complainant has filed one affidavit along with BNA in support of his case. Heard the ld. Advocate in length. Perused all documents. It appears from the materials on record that dispute regarding the outstanding bill was settled in between the complainant and the o.ps. on 26.4.06 on payment of Rs.26000/- only through 12 post dated cheques. That settlement receipt was duly signed by one Manager Payment Assistance on behalf of the SBI Cards and Payment Services Pvt. Ltd. It appears from the bank statement of the complainant that out of 12 cheques 11 cheques were duly honoured. The complainant has stated in affidavit that cheque no. 067009 dt.23.5.06 for Rs.2000/- was never presented to the complainant’s bank. The complainant personally met with the officials of the o.p. bank and informed about the settlement, but his efforts were went on vein. As the o.ps remained absent the statements made by the complainant remain unchallenged and uncontroverted. As such it appears to us that in spite of settlement of the dispute and realization of the 11 cheques the claim of the o.p. is absolutely illegal. Why the cheque no.067009 dt.25.5.06 of Rs.2000/- was not presented by the o.ps. is best known to them. Hence, Ordered, that the consumer complaint no.181/2009 is allowed ex parte. The o.ps. area directed to pay a cost of Rs.2000/- (Rupees two thousand) only along with a compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony within 30 days, in default, they have to pay interest @ 8% p.a. till realization. The case is thus disposed of. Fees paid are correct. Supply certified copy of this order to the parties on payment of prescribed fees. ____Sd-______ _____Sd-_____ ______Sd-______ MEMBER MEMBER PRESIDENT | 
