IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA

Friday the 30^th day of April, 2010

Filed on 28.01.2009

Present

1. Sri. Jimmy Korah (President)
2. Sri. K. Anirudhan (Member)
3. Smt. Shajitha Beevi (Member)

in

C.C.No.28/09

between

Complainant:-                                             Opposite Parties:-

Sri.Sajan Varkey,                                       1.         SBICPSL, 11 Parliament Street,

Kaithara,                                                                New Delhi 110001,

Near YMCA, Alappuzha-688 001.                        Represented by its Manager.

(By Adv.Tomy Mathew)                           

2.         SBI Cards, Chiramel Chembers,

                                                                              1^st Floor, Kurisupally Road, Ernakulam,           

Represented by its Manager.

3.         SBI Collection Office,

Raja Tourist Home,

Mullackal, Alappuzha,

Represented by its Manager.

         O R D E R

SRI.JIMMY KORAH (PRESIDENT)

The complainant case is as follows: - The complainant is a credit card holder of the 1^st opposite party. The complainant availed the credit card on the allurement and persuasion by the opposite parties. The complainant was using the credit card in moderation and paid bills promptly. To the dismay of the complainant, in January 2006 he received a bill demanding huge amount from the 1^st opposite party. The complainant objected to this, and in October 2007, introducing himself as customer care manager, one Mr. Rahul approached the complainant and induced him for a one time settlement. Believing his words, the complainant paid Rs. 4000/-(Rupees four thousand only) as full settlement. In December 2007, the complainant again received threatening calls from the opposite parties demanding Rs.15000/-(Rupees fifteen thousand only) more from the complainant. The complainant never used the said credit card after 2006. The complainant sent several E­mails apprising of the said aspect to the opposite parties. There after, the complainant received a call from the opposite party to pay Rs.7500/-(Rupees seven thousand five hundred only) towards the due amount of Rs.15000/-(Rupees fifteen thousand only) as full settlement. Resultantly, the complainant on 30^th January 2008 paid Rs.7500/-(Rupees seven thousand five hundred only). The complainant requested the copy of the statement of account several times, but to no avail. Subsequently, as a bolt from the blue, the complainant on 27^th December 2008 received another bill of Rs.39687.47 (Rupees thirty nine thousand six hundred eighty seven and odds) from the opposite parties. Despite diverse manner of contact and correspondence, the opposite parties willfully stayed away from furnishing any statement of account. They resorted to the previous strategy of intimidating the complainant and family members. The complainant sustained inestimable mental agony and harassment. There is deficiency of service on the part of the opposite parties. Being aggrieved, the complainant approached this Forum for compensation and other relief.

1. Notices were sent. All the opposite parties turned up, but the 3^rd opposite party alone filed version. The 1^st and the 2^nd opposite parties were set ex-parte. The contention of the 3^rd opposite party is that the 3^rd opposite party has nothing to do with the contention of the complainant. It has no nexus, involvement or role in recovering the amount allegedly due by the complainant. There is no cause of action against the 3^rd opposite party, the 3^rd opposite party contends. As such, the 3^rd opposite party is a misjoinder in the complaint and the said opposite party is to be struck down from the party array, the 3^rd opposite party asserts.

2. The complainant filed the proof affidavit, and the documents Exbt.Al and A2 were marked. Exbt Al is the bill and A2 is the payment slip issued to the complainant by the opposite parties.

                        3. Bearing in mind the contentions raked up by the parties, the questions that come up before us for consideration are:-

(1) Whether the complainant is liable to pay the amount demanded by the opposite parties?

(2) Whether there is deficiency of service on the part of the opposite parties?

4. We perused the materials put on record by the complainant. The complainant contends that he is in the habit of using the credit card rarely and cautiously. The concerned bills were also being paid promptly. Still the opposite parties issued huge bills time and again without any basis. The complainant yet as a sign of bonhomus gesture remitted the amount arrived on as a settlement. Taking advantage of the said attitude of the complainant, the opposite party continued the same strategy of furnishing huge bills. Thus on 27^th December 2008 the complainant received another bill of Rs.39687.47 (Rupees thirty nine thousand six hundred eighty seven and odds) from the opposite parties. The complainant demanded statement of account several times. The opposite party declined to serve the same. The strategy of the opposite parties is to unlawfully extract exorbitant amount from the complainant, the complainant argues. As we have already observed, the 1^st and the 2^nd opposite parties were neither keen on filing the version nor to rebut the evidence let in by the complainant. Needless to say the complainant’s evidence stands unchallenged and the complainant case stands unassailable. In this context, we have no course open but to accept the evidence of the complainant.

In view of the facts and circumstance, the 1^st and the 2^nd opposite parties are directed to pay the complainant an amount of Rs.20000/-(Rupees twenty thousand only) as compensation and an amount of Rs.3000 /-(Rupees Three thousand only) as cost. Needless to say the bill dated 27^th December 2008 for an amount of Rs.39687.47 (Rupees thirty nine thousand six hundred eighty seven and forty seven paisa only) issued by the opposite party to the complainant stands cancelled. The 1^st and the 2^nd opposite parties and their assets are liable for the said amount. The said opposite parties shall comply with the order within 30 days of receipt of this order.

Complaint stands disposed accordingly.

Pronounced in open Forum on this the 30^th day of April 2010.

Sd/-Sri. Jimmy Korah

Sd/-Sri. K. Anirudhan

Sd/-Smt. N. Shajitha Beevi          

Appendix:-

 Evidence of the complainant:- 

Ext. A1            -           Bill  

Ext.A2             -           The payment slip issued to the complainant by the opposite parties

  Evidence of the opposite parties:-  Nil

// True Copy //

                                                                                 By Order

                                                                                   Senior Superintendent

To

            Complainant/Opposite Parties/S.F.

Typed by:- k.x/-       

Compared by:-