In the Court of the Consumer Disputes Redressal Forum, Unit -I, Kolkata, 8B, Nelie Sengupta Sarani, Kolkata-700087. CDF/Unit-I/Case No. 121 / 2008 1) Sri Rabin Richand Field, 108A, Bamungachi Railway Quarter, Howrah-711106. ---------- Complainant ---Verses--- 1) The Manager, State Bank of India, Credit Card Department, 234/3A, A.J.C. Bose Road, Kolkata-26. 2) The Manager, Customer Service, SBI Cards & Payment Services Pvt. Ltd. Plot No. 90A, Sector-18, Gurgaon, Haryana. 3) SBI Local Head Office, 11, Parliament Street, New Delhi-110001. ---------- Opposite Party Present : Sri S. K. Majumdar, President. Sri T.K. Bhattachatya, Member. Order No. 1 4 Dated 1 2 / 1 1 / 2 0 0 9. Complainant Rabin Richand Field by filing a petition of complaint on 18.4.08 u/s 12 of the C.P. Act, as prayed for issuing direction upon the o.ps. to refund excess amount of Rs.91439/- paid by the complainant to the SBI Credit Card Deptt. along with @ 18% interest and a compensation of Rs.1 lakh and litigation cost and other relief or reliefs as the forum may deem fit and proper. It is the specific case of the complainant that he purchased a refrigerator and washing machine on 21.1.05 and 9.12.03 respectively from his credit card of SBI being bearing no.4317575204315833. He had to pay a sum of Rs.585/- and Rs.349/- as monthly instalment for 24 months respectively for those articles. He also received a pre-approved cash offer of Rs.35000/- from SBI Credit Card Deptt. on 31.5.05 and he had to repay the amount of the monthly instalment of Rs.1867/- for 24 months. He cleared all the instalments, but astonishingly on 5.4.05 his one cheque was of Rs.19000/- was dishonoured and on 11.4.05 a fine of Rs.1021/- was imposed which is totally against the RBI guideline or against any banking principle. For refrigerator and washing machine and for pre-approved loan for 24 monthly instalment for each the total amount comes to the figure of Rs.67224/- inclusive of interest and principal amount. The complainant has already paid Rs.158663/-, said it in other words, he has paid excess amount of Rs.91439/- to the SBUI Credit Card Deptt. On 28.5.07 he wrote a letter to the Manager, Credit Card Deptt. for his full and final settlement of credit card account for Rs.4000/- which was duly received by Kartik Chatterjee, an officer of recovery of the SBI Credit Card Deptt., but thereafter the complainant received a statement of Rs.75439.34 for further payment. Thereafter on 5.10.07 the complainant sent legal notice to the o.p. nos.1 to 3 asking them to refund the said amount of money within 15 days from the date of receipt of the notice and the o.ps. received the notice on 11.10.07, but they have never replied. He also reported the matter to the Officer-in-Charge, Bally P.S. and Supdt. of Police, Howrah and District Magistrate, Howrah. He also sent letter to o.p. nos.1 and 2 to close and deactivate his credit card account dt.4.10.07 and on 13.10.07 the Credit Card Deptt. intimated the complainant about the deactivation of the credit card account and intimated him the total outstanding dues of Rs.85880.12. But even after that they have neither given any reply nor refunded back Rs.91439/- to the complainant which amounts to unfair trade practice and deficiency of service too and accordingly, he had filed this case with the aforesaid prayer. Decision with reasons : It appears on perusal of the record that the case was admitted on 23.4.08 and 6.6.08 was fixed for S/R. It further appears on perusal of order no.5 dt.2.9.08 that the complainant filed an affidavit showing service of notice upon the o.ps. but the o.ps. did not take any step nor they filed w/v and so the case is heard ex parte vide order no.6 dt.20-.10.08. Admittedly, the complainant purchased a refrigerator and a washing machine on 21.1.05 and 9.12.03 respectively at a monthly instalment of Rs.585/- and Rs.394/- respectively for 24 months. He also received a pre-approved cash offer of Rs.35000/- for a monthly instalment of Rs.1867/- for 24 months and he has given the account in paragraph 7 of the petition of complaint. It is the further specific case of the complainant that he has already paid Rs.158663/- instead of Rs.67224/-. Said it in other words he paid excess amount of Rs.91439/- which he has demanded to be refunded by the o.ps. and he has sent letter to the o.ps., but they have not replied. Even in spite of receipt of notice the o.ps. have not come to contest this case and they have not given reply of the letter of the complainant demanding refund of excess payment of Rs.91439/-. Said it in other words this double silence of the o.p., ipsofacto, raises a presumption that they have admitted the claim of the petitioner. We have perused the a/d card showing receipt of letter of the complainant. We have also perused the complaint of the petitioner addressed to the Officer-in-Charge, Bally P.S. with the copy to Supdt. of Police, Howrah and District Magistrate, Howrah stating therein his specific allegation as made out in his petition of complaint. We have also perused the cash offer to the petitioner by the o.ps. for pre-approved amount of Rs.35000/- and monthly instalment of Rs.1867/- for 24 months, annex-6. We have also perused annex-7 regarding settlement of SBI Credit Card A/C no.4317575204315833 wherein the complainant has informed the Manager, SBI Credit Card intimating him that due to his personal problems he is not in a position to continue his credit card account and he would like to make settlement of Rs.4000/- as one time settlement. From his letter dt.4.10.07 annex-8 wherein he has informed that he did not like to hold the credit card any longer and he wanted to surrender the said credit card and he requested them to accept the same and it appears from annex-9 wherein the Manager, Customer Service has informed the complainant that “SBI Card A/C closer : we wish to inform you that your account has been deactivated : outstanding related please note that the total outstanding on your account is Rs.85880.12. We would request you to send in the payment for the same at the earliest”. But it is strange to note that the o.ps. have not given any statement of account for such outstanding amount of Rs.85880.12 although they have deactivated the SBI Credit Card A/C of the complainant. It also appears from the lawyer’s notice, annex-11, that on 28.5.07 the complainant wrote a letter to the SBI Credit Card Deptt. for full and final settlement of his credit card account for Rs.4000/- which was duly received by Kartik Chatterjee. But even in spite of that the SBI Credit Card Deptt. has sent a statement demanding Rs.75493.34 for further payment and they have not yet given any statement of account for such demand of money. We have already said that the complainant has already paid Rs.687224/- as monthly instalment for the purchase of refrigerator and washing machine and cash offer of Rs.35000/- for 24 instalment each inclusive principal and interest. We have already mentioned that in the complaint/FIR the complainant has stated in paragraph 4 vide annex-D that “Till now I have made payment of Rs.158663/- and last payment was made by me on 11.6.07 of Rs.3500/-. He has also informed it to the Supdt. of Police, Howrah and District Magistrate, Howrah. He has also requested the o.p. for full and final settlement of his SBI Credit Card on payment of Rs.4000/-. But the o.ps. have not given any reply of his letter. On the other hand, they have demanded further payment of outstanding due of Rs.85880.12 against which they could not have given any statement of account. The complainant has also submitted the Xerox copy of his pass book showing payment of money to the o.ps. on different dates. He has also filed his affidavit treating his petition of complaint as his evidence. Therefore, considering the facts, circumstances and evidence both orally and documentarily there is nothing to disbelieve the unchallenged testimony of the complainant and accordingly, he is entitled to get reliefs as prayed for. Hence, Ordered, That the petition of complaint is allowed ex parte against the o.ps. The o.ps. are directed to refund Rs.91,439/- (Rupees ninety one thousand four hundred thirty nine) only to the complainant positively within thirty days from the date of communication of this order and to pay compensation of Rs.10,000/- (Rupees ten thousand) only and litigation cost of Rs.3000/- (Rupees three thousand) only. So, the o.ps. are jointly and severally directed to pay grand total of Rs.1,04,439/- (Rupees one lakh four thousand four hundred thirty nine) only positively within thirty days from the date of communication of this order and in default of such payment, it will carry interest @ 10% p.a. till full realization. Fees paid are correct. Supply copy of this order to the parties on payment of prescribed fees. _____Sd-_______ ______Sd-______ MEMBER PRESIDENT | 
