Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No. 224 / 2009

1)           Sri Ashis Chakraborty,

Central Durganagar Station Road, Kolkata-65.      ---------- Complainant

1)           The Manager, State Bank of India,

Credit Card Division,

234/3, A.J.C. Bose Road, Kolkata-20.          ---------- Opposite Party

Present :        Sri S. K. Majumdar, President.

                        Smt. Jhumki Saha, Member.

                        Sri T.K. Bhattacharya, Member

This is to consider a petition filed u/s 12 of the C.P Act, 1986 as amended up to date by the complainant Ashis Chakraborty alleging deficiency in service against the o.p.

Fact of the case is that the o.p. and its agent influenced the complainant to take a credit card bearing no.4317 5750 1407 4661 (main) and one Add on card no.4317 5750 1407 4676 in the name of the petitioner in the year 2004. The complainant stated that he was a regular payer by paying the minimum due in time as charged by the o.p. and in such a way a cordial relationship was built up in between the complainant and the o.p. and the situation continued till November 2008. In between it was revealed that the o.p. was not sending the statement of account with full of clarity, vide annex-A-1, A-2, A-3 and A-4 collectively. It also appeared to the complainant during the use of the main card that the said main credit card issued in the name of the complainant expired on 8.8.08 and since the petitioner did not check the date of expiry at the time of using the credit card, he became perplexed and felt insulted while using the same after that 8.8.08. After that the complainant contacted the Customer Care Officer of the o.p. over telephone on 31.10.08 and made a complaint with the o.p. though by a statement of account dt.23.9.08 o.p. charged and received the annual fees for Rs.750/- for the main card and Rs.250/- for the Ad on card lying in the name of Archana Chakraborty being the wife of the complainant vide cheque no.611852 dt.3.10.08 for Rs.3035.88, but even then it is the specific allegation of the complainant that the o.p. did not care to provide proper service for forwarding the renewed cards after 8.8.08. Even the o.p. did not care to communicate anything to the petitioner regarding non delivery of the renewed cards. The petitioner being aggrieved and dissatisfied by the act and deed of the o.p., forwarded a letter of demand justice and legal notice dt.5.11.08 which was duly received by the o.p. on 6.11.08 vide annex-B, B-1, B-2 respectively. But the o.p. never bothered to reply the demand justice sent by the complainant. Moreover, without complying with the requisition as contained in the demand justice and legal notice, the o.p. sent a letter dt.23.1.09 demanding payment and stating therein if the payment is not made by the petitioner, the petitioner’s credit card will be blocked and also threatened the complainant for taking the legal action against him. The complainant replied the said letter of the o.p. dt.23.1.09 by a reply letter dt.6.2.09 which was duly received by the o.p. on 10.2.09 vide annex-C, C-1, C-2 respectively.

          The o.p. after that sent another letter dt.31.3.09 demanding a payment of Rs.57,796.81 although the petitioner who was regular in payment till November, 2008, vide annex-D and the petitioner replied to that letter dt.31.3.09 by a letter dt.17.4.09 which was received by the o.p. on 20.4.09 vide annex-E, E-1, E-2 respectively and thereafter the o.p. made several phone calls to the complainant for making the unjust payment as demanded by them and by sending musclemen. Under the compelling circumstances, the complainant finding no other way filed this case on 16.6.09 praying for the direction to be given upon the o.p. for the compliance as contained in the demand justice –cum-legal notice of the petitioner dt.5.11.08 and letters dt.6.2.09 and 17.4.09 to make delivery of the renewed main credit card and Ad on card to pay a compensation to the tune of Rs.50,000/- for deficiency of service, to pay Rs.25,000/- for causing harassment, mental pain, to pay litigation cost of Rs.5000/- along with other order or orders as the forum may deem fit and proper.

Notice was served upon the o.p. but none appeared on behalf of the o.p. No w/v has been filed by them. Accordingly, the case was heard ex parte on 1.2.10.

We have perused the complaint petition sworn on affidavit filed by the complain ant along with the annexures. We have also gone through the affidavit of examination-in-ch8ief and BNA filed by the complainant. by paying the requisite fees for the use of the credit card as well as Ad on card, the complainant became the consumer of the o.p. as per section 2(d) of the C.P. act, 1986 as amended up to date. The complainant was never a defaulter in making the minimum amount of payment so charged by the o.p. till November, 2008 with regard to his main card bearing no.4317 5750 1407 4661 as well as the Ad on card no. 4317 5750 1407 4679. But the o.p. never bothered to convey the petitioner the date of expiry of the main card, i.e. 8.8.08 when the complainant came to know the fact through the telephonic discussion held on 31.10.08 with the o.p. But the o.p. received the annual fees for the main card Rs.750/- and Rs.250/- for the Ad on card vide cheque no.611852 dt.3.10.08 for Rs.3035.88 against the statement of account sent by the o.p. dt.23.9.08. In spite of receiving the renewal fees for both the cards the o.p. never cared to forward the renewed cards even after 3.10.08 and when the complainant stating the entire fact sent the demand of justice–cum-legal notice dt.5.11.08, received by o.p. on 6.11.08, the o.p. did not pay any heed to take any action to mitigate the complainant’s grievance. Moreover, by making the demands for payment, the o.p. sent a letter dt.23.1.09. To that letter complainant again wrote a letter to the o.p. on 6.2.09 duly received by the o.p. on 10.2.09. Without giving the clarification of the queries of the complainant made through the legal notice dt.5.11.08 and letters dt.6.2.08, the o.p. further asked the payment of Rs.57,796.81 through the letter dt.31.3.09 which appears to us as the gross deficiency of service on the part of the o.p. When the o.p. is taking the service charge from the complainant, it is the duty of the o.p. to clarify the queries of the complainant from time to time as asked for. Even after receiving the notice from this forum, the o.p. never paid any heed to appear before the forum and to file w/v to controvert the allegations made by the complainant in his complaint petition. accordingly, we hold the o.p. to be deficient in service and the case succeeds on merit.

That the o.p. is directed to issue the renewed cards (main card bearing no. 4317 5750 1407 4661 and Ad on card bearing no. 4317 5750 1407 4679) duly activated with effect from 3.10.08. The o.p. is further directed to cancel the demand for the payment of Rs.57,796.81 as the card expired on 8.8.08. The complainant do get an award of Rs.10,000/- (Rupees ten thousand) only as compensation and Rs.2000/- (Rupees two thousand) only as litigation cost. The o.p. is directed to comply with the order within forty five days from the date of communication of this order, failing which, it will carry an interest @ 10% p.a. till full realization.

Supply certified copy of this order to the parties on payment of prescribed fees.