In the Court of the Consumer Disputes Redressal Forum, Unit -I, Kolkata, 8B, Nelie Sengupta Sarani, Kolkata-700087. CDF/Unit-I/Case No. 150 / 2008 1) Sati Pradad Pal, 23/1, Bhuban Mohini Road, Howrah-711102. ---------- Complainant ---Verses--- 1) The Manager, SBI Credit Card, 234/3A, A.J.C. Bose Road, Kolkata-20. ---------- Opposite Party Present : Sri S. K. Majumdar, President. Sri T.K. Bhattachatya, Member. Order No. 1 5 Dated 0 3 / 1 2 / 2 0 0 9 . Complainant Sati Prasad Pal by filing a petition of complaint on 15.5.08 has prayed for issuing an order against the o.p. directing him to produce the details statement about the claimed amount and cost of Rs.3000/- and to pass any such order or orders as the forum may deem fit and proper. Fact of the case in short is that the petitioner purchased one SBI Credit Card being no.4317575205537823 and credit card limit was Rs.22000/- for the year 2005. Thereafter, he purchased some goods worth of Rs.24337/- and the petitioner had already paid Rs.29250/-. But strange to note that on 3.7.07 and 3.8.07 he received a letter from the office of the o.p. informing him that his total outstanding dues stands at Rs.22876.36. He on receipt of those letters of the disputed amount of bills requested the o.ps. to clarify the same that on what basis they had claimed the amount and on what basis they added late payment fee over due amount charges in his card. But instead of complying with his request o.p. immediately demanded payment of the same, otherwise they will send musclemen to the petitioner’s house and they also refused to hand over the details statement of the disputed bills. Accordingly, petitioner has filed this case for the unfair trade practice of the o.p. Decision with reasons : It appears on perusal of the record that the case was admitted for hearing on 23.5.08. Notice was sent to the o.p. and 21.8.08 was fixed for S/R. But the o.p. did not file the w/v in spite of filing affidavit of service of notice upon the o.p. by the complainant and accordingly, on 6.1.09 was fixed for ex parte hearing. We have perused the temporary cash memo, annex-3, dt.19.9.05 showing purchase of article of Rs.2500/- and another receipt of same amount dt.21.11.06, annex-4. Annex-4 is hand written statement showing Rs.24337/- of purchase of different items by the petitioner. We have also perused one “hand written statement” of SBI Card number of the complainant showing purchase of different articles and withdrawal of cash through ATM on different dates amounting to Rs.24337/-. He has also annexed herewith vide annex-5 showing payment done by him on different dates by cash or by cheque to the extent of Rs.29250/-. Annex-6 shows payment received by cheque no.409093 of Rs.5000/- by SBI Card dt.28.6.07. Similarly, annex-7 shows payment receipt of Rs.1200/- on 3.7.07 and also Rs.1200/- on 3.8.07 by cheque no.409095. In view of this position it is not understood that how the o.ps. have demanded Rs.22876.36 from the complainant. It is the specific case of the petitioner that the o.p. by its letter dt.3.7.07 and 3.8.07 has informed that the total outstanding dues is Rs.22876.36. Further, the statement of account of payment by the complainant through cash/cheque and statement of purchase of different articles by the complainant on the basis of the credit card is a “hand written statement”. It does not bear the endorsement of the o.p. SBI Credit Card. Petitioner has nor even sworn on affidavit to the effect that the statement which he has submitted, annex-5 is endorsed by SBI Credit Card. Accordingly, we cannot accept the contention of the complainant. Hence ordered, the petition is dismissed ex parte. Considering the circumstances, no order is passed as to cost. Fees paid are correct. Supply certified copy of this order to the parties on payment of prescribed fees. _____Sd-_______ _______Sd-_______ MEMBER PRESIDENT | 
