BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM VAZHUTHACAUD : THIRUVANANTHAPURAM PRESENT:
SHRI. G. SIVAPRASAD : PRESIDENT SMT. BEENA KUMARI. A : MEMBER SMT. S.K. SREELA : MEMBER O.P. No: 78/2007 Filed on 17/3/2007 Dated: 15..06..2009 Complainant: Ajith Kumar.S., Manoj Bhavan, Madhavapuram, Titanium ` P.O., Thiruvananthapuram-21. Now residing at Vaishnavam, Manikanteswaram-P.O., Kuzhivila, Vettikonam, Vazhayila, Thiruvananthapuram.
(By Adv. G. Muraleedharan)
Opposite parties:
The Manager, SBI CPSL, P.O.Bag No.24, GPO, New Delhi-110 001. The Manager, SBI Cards, T.C.14/2132, Behind Saphalyam Complex, Near Jubilee Hospital, Thiruvananthapuram-34.
(By Adv. A.Abdul Kharim))
This O.P having been heard on 13..05..2009, the Forum on 15..06..2009 delivered the following:
ORDER
SMT. S.K.SREELA, MEMBER:
The complainant is Ajith Kumar.S and his grievance against the opposite parties are the following: The complainant had availed credit card facility from SBI cards and the said credit card was issued by the opposite parties to the complainant on 22/7/2004 vide credit card No.4006676014662129. Eventhough the complainant promptly paid the outstanding amount, the opposite parties were reluctant to issue statement showing the balance amount due to them, the complainant contacted the opposite parties several times to provide the statement of account to the complainant, but the opposite parties did not provide the same. Due to the inaction and non-co-operation attitude adopted by the opposite parties, the complainant decided to close the credit card account. As and when the complainant contacted the opposite parties to close the said account, the opposite parties informed the complainant that he has to pay late fee of Rs.3,400/- to the opposite parties. Accordingly, the complainant remitted the above said amount by way of cheque bearing No.189528 to the opposite parties. The said cheque was collected by the opposite parties on 13/9/2005. Even after that the opposite parties never cared to close the credit card account of the complainant. The opposite parties illegally realized Rs.31,000/- from the complainant on different occasions and the opposite parties failed to close the credit card account. Hence this complaint for refund of the amount excessively collected from the complainant along with compensation and costs.
2. The 2nd opposite party has filed their version for and on behalf of the 1st opposite party also contending as following: On 16/8/2005, the complainant had an outstanding dues of Rs.35,215/-. Against this amount the complainant had paid only the minimum amount due ie. Rs.3,400/- on 13/9/2005, that on the next billing date ie.on 16/9/2005, the outstanding due was Rs.33,383.94/-, the complainant has not paid any amount. The complainant made a total payment of Rs.27,000/- by way of two cheques dated 22/10/2005 & 7/11/2005 (Rs.25,000/- & Rs.2,000/- each) as against the total outstanding dues of Rs.32,721.07 as on 16/10/2005, that the balance amount due was Rs.6,065/- as on 16/11/2005. While so, the opposite parties offered Rs.12,000/- as 'Easy Money', that this amount was declined by the complainant and he did not encash and the same was returned. Hence the same amount is revised on 18/1/2006 and the balance amount due was Rs.5,399.22 as on 16/1/2006. The complainant has not made any payment till 16/4/2006. So the total outstanding was Rs.6,932.22 as on 16/4/2006. Against this outstanding dues the complainant made a payment of Rs.2,700/- on 25/4/2006 and the balance due was Rs.4,397.65/-. The complainant did not make any payment after 25/4/2006. Now the total outstanding amount as on 16/3/2007 is Rs.8,657.33 including all the financial changes due to the non-payment. The opposite parties had never agreed to write off the dues, that the 2nd opposite party had never agreed the complainant that on paying Rs.2,000/- the credit card account will be closed. The complainant had defaulted the payments in time and as on 16/3/2007 Rs.8,647.33 is still due from the complainant. The credit card account can be closed only when he remits the full balance amount due with other financial charges as on the date of payment. There is no deficiency in service or unfair trade practice on the part of the opposite parties. As and when he pays off the dues with interest and other financial changes, then only the opposite parties will close his credit card facility and issue the final settlement letter. The opposite parties are entitled to receive the amount legally due from the complainant. Hence opposite parties pray for dismissal of the complaint.
3. The complainant has filed affidavit in lieu of chief examination and marked Exts.P1 to P5. The complainant has not been cross examined and hence his affidavit stands unchallenged. The opposite parties have neither filed any affidavit in support of their contention nor filed any documents.
4. The points that would arise for consideration are: Whether the complainant is liable to pay the amount claimed by the opposite parties? Whether there is any unfair trade practice or deficiency in service on the part of the opposite parties? Reliefs and costs?
5. Points (i) to (iii) : There is no dispute with regard to the fact that the complainant is the holder of credit card bearing No.400667601 4662129 issued by the opposite parties. According to the complainant, even after the clearing of entire dues, the opposite parties failed to close the credit card account and besides this the opposite parties have realized excess amount from the complainant on different occassions. The opposite parties contend in their version that it was the complainant who had defaulted the payments in time and as and when the complainant pays off the dues with interest, the opposite parties will close the credit card facility. The complainant, in support of his complaint, has produced documents Exts.P1 to P5. The complainant as PW1 has not been cross examined and hence his sworn statement stands uncontroverted. As per Ext.P3 dated 10/9/2005 and Ext.P2 dated 19/10/2005, it is evident that the complainant has paid an amount of Rs.3,400/- and Rs.25,000/- respectively to the opposite parties. The complainant alleges that the payment of said amount was towards full and final settlement of the outstanding balance due in the said account and the complainant had thereafter requested for closure of the said account by the opposite parties, which is revealed by Exts.P4 & P5. In the receipt dated 21/4/2006 issued by the opposite parties for Rs.2,700/- it has been endorsed that 'Full settlement 0 balance'. This document has not been challenged by the opposite parties. Opposite parties have not produced any documents to support their contention though they have contended in their version that the monthly statements are produced. The opposite parties have contended in their version that the total outstanding amount as on 16/3/2007 is Rs.8657.33 including all the due financial charges. But the opposite parties have not produced any records to substantiate the same. As the opposite parties have not produced any documents and since the opposite parties have not challenged the documents produced by the complainant, we are of the view that the allegations levelled against the opposite parties are true. Having received the entire amount from the complainant and after issuing Ext.P1, the opposite parties were duty bound to cancel the credit card of the complainant.
6. On the basis of documents and affidavit on record, we find that the opposite parties are guilty of deficiency in service and unfair trade practice.
In the result, the complaint is allowed and the complainant is found not liable to remit any further amounts to the opposite parties. The opposite parties shall stop such unfair trade practice and shall close the account of the complainant with immediate effect. The opposite parties shall also pay Rs.3,000/- (Rupees three thousand only) as compensation and Rs.2,000/- (Rupees two thousand only) as costs to the complainant within a period of one month of receipt of the order, failing which the above amount shall carry interest @ 12%. A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room. Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, on this the 16th day of June, 2009.
S.K. SREELA, MEMBER.
G. SIVAPRASAD, PRESIDENT.
BEENA KUMARI.A, MEMBER. ad.
O.P.No. 78/2007 APPENDIX
I. Complainant's witness:
PW1 : Ajith Kumar
II. Complainant's documents: P1 : Photocopy of temporary cash/DD/Cheque collected receipt No.4776468 dated 21/4/2006 for Rs.2,700/-. P2 : " 4035576 dated 19/10/2005 for Rs.25,000/-. P3 : " 3784423 dated 10/9/2005
P4 : Copy of letter dated 25/10/2005 issued to the 1st opp. Party by complainant P5 : " dated 28/10/2005 issued to the 2nd opposite party by the complainant.
III. Opposite parties' witness: NIL
IV. Opposite parties' documents: NIL
PRESIDENT
ad.
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM VAZHUTHACAUD : THIRUVANANTHAPURAM PRESENT:
SHRI. G. SIVAPRASAD : PRESIDENT SMT. BEENA KUMARI. A : MEMBER SMT. S.K. SREELA : MEMBER O.P. No: 78/2007 Filed on 17/3/2007 Dated: 15..06..2009 Complainant: Ajith Kumar.S., Manoj Bhavan, Madhavapuram, Titanium ` P.O., Thiruvananthapuram-21. Now residing at Vaishnavam, Manikanteswaram-P.O., Kuzhivila, Vettikonam, Vazhayila, Thiruvananthapuram.
(By Adv. G. Muraleedharan)
Opposite parties:
The Manager, SBI CPSL, P.O.Bag No.24, GPO, New Delhi-110 001. The Manager, SBI Cards, T.C.14/2132, Behind Saphalyam Complex, Near Jubilee Hospital, Thiruvananthapuram-34.
(By Adv. A.Abdul Kharim))
This O.P having been heard on 13..05..2009, the Forum on 15..06..2009 delivered the following:
ORDER
SMT. S.K.SREELA, MEMBER:
The complainant is Ajith Kumar.S and his grievance against the opposite parties are the following: The complainant had availed credit card facility from SBI cards and the said credit card was issued by the opposite parties to the complainant on 22/7/2004 vide credit card No.4006676014662129. Eventhough the complainant promptly paid the outstanding amount, the opposite parties were reluctant to issue statement showing the balance amount due to them, the complainant contacted the opposite parties several times to provide the statement of account to the complainant, but the opposite parties did not provide the same. Due to the inaction and non-co-operation attitude adopted by the opposite parties, the complainant decided to close the credit card account. As and when the complainant contacted the opposite parties to close the said account, the opposite parties informed the complainant that he has to pay late fee of Rs.3,400/- to the opposite parties. Accordingly, the complainant remitted the above said amount by way of cheque bearing No.189528 to the opposite parties. The said cheque was collected by the opposite parties on 13/9/2005. Even after that the opposite parties never cared to close the credit card account of the complainant. The opposite parties illegally realized Rs.31,000/- from the complainant on different occasions and the opposite parties failed to close the credit card account. Hence this complaint for refund of the amount excessively collected from the complainant along with compensation and costs.
2. The 2nd opposite party has filed their version for and on behalf of the 1st opposite party also contending as following: On 16/8/2005, the complainant had an outstanding dues of Rs.35,215/-. Against this amount the complainant had paid only the minimum amount due ie. Rs.3,400/- on 13/9/2005, that on the next billing date ie.on 16/9/2005, the outstanding due was Rs.33,383.94/-, the complainant has not paid any amount. The complainant made a total payment of Rs.27,000/- by way of two cheques dated 22/10/2005 & 7/11/2005 (Rs.25,000/- & Rs.2,000/- each) as against the total outstanding dues of Rs.32,721.07 as on 16/10/2005, that the balance amount due was Rs.6,065/- as on 16/11/2005. While so, the opposite parties offered Rs.12,000/- as 'Easy Money', that this amount was declined by the complainant and he did not encash and the same was returned. Hence the same amount is revised on 18/1/2006 and the balance amount due was Rs.5,399.22 as on 16/1/2006. The complainant has not made any payment till 16/4/2006. So the total outstanding was Rs.6,932.22 as on 16/4/2006. Against this outstanding dues the complainant made a payment of Rs.2,700/- on 25/4/2006 and the balance due was Rs.4,397.65/-. The complainant did not make any payment after 25/4/2006. Now the total outstanding amount as on 16/3/2007 is Rs.8,657.33 including all the financial changes due to the non-payment. The opposite parties had never agreed to write off the dues, that the 2nd opposite party had never agreed the complainant that on paying Rs.2,000/- the credit card account will be closed. The complainant had defaulted the payments in time and as on 16/3/2007 Rs.8,647.33 is still due from the complainant. The credit card account can be closed only when he remits the full balance amount due with other financial charges as on the date of payment. There is no deficiency in service or unfair trade practice on the part of the opposite parties. As and when he pays off the dues with interest and other financial changes, then only the opposite parties will close his credit card facility and issue the final settlement letter. The opposite parties are entitled to receive the amount legally due from the complainant. Hence opposite parties pray for dismissal of the complaint.
3. The complainant has filed affidavit in lieu of chief examination and marked Exts.P1 to P5. The complainant has not been cross examined and hence his affidavit stands unchallenged. The opposite parties have neither filed any affidavit in support of their contention nor filed any documents.
4. The points that would arise for consideration are: Whether the complainant is liable to pay the amount claimed by the opposite parties? Whether there is any unfair trade practice or deficiency in service on the part of the opposite parties? Reliefs and costs?
5. Points (i) to (iii) : There is no dispute with regard to the fact that the complainant is the holder of credit card bearing No.400667601 4662129 issued by the opposite parties. According to the complainant, even after the clearing of entire dues, the opposite parties failed to close the credit card account and besides this the opposite parties have realized excess amount from the complainant on different occassions. The opposite parties contend in their version that it was the complainant who had defaulted the payments in time and as and when the complainant pays off the dues with interest, the opposite parties will close the credit card facility. The complainant, in support of his complaint, has produced documents Exts.P1 to P5. The complainant as PW1 has not been cross examined and hence his sworn statement stands uncontroverted. As per Ext.P3 dated 10/9/2005 and Ext.P2 dated 19/10/2005, it is evident that the complainant has paid an amount of Rs.3,400/- and Rs.25,000/- respectively to the opposite parties. The complainant alleges that the payment of said amount was towards full and final settlement of the outstanding balance due in the said account and the complainant had thereafter requested for closure of the said account by the opposite parties, which is revealed by Exts.P4 & P5. In the receipt dated 21/4/2006 issued by the opposite parties for Rs.2,700/- it has been endorsed that 'Full settlement 0 balance'. This document has not been challenged by the opposite parties. Opposite parties have not produced any documents to support their contention though they have contended in their version that the monthly statements are produced. The opposite parties have contended in their version that the total outstanding amount as on 16/3/2007 is Rs.8657.33 including all the due financial charges. But the opposite parties have not produced any records to substantiate the same. As the opposite parties have not produced any documents and since the opposite parties have not challenged the documents produced by the complainant, we are of the view that the allegations levelled against the opposite parties are true. Having received the entire amount from the complainant and after issuing Ext.P1, the opposite parties were duty bound to cancel the credit card of the complainant.
6. On the basis of documents and affidavit on record, we find that the opposite parties are guilty of deficiency in service and unfair trade practice.
In the result, the complaint is allowed and the complainant is found not liable to remit any further amounts to the opposite parties. The opposite parties shall stop such unfair trade practice and shall close the account of the complainant with immediate effect. The opposite parties shall also pay Rs.3,000/- (Rupees three thousand only) as compensation and Rs.2,000/- (Rupees two thousand only) as costs to the complainant within a period of one month of receipt of the order, failing which the above amount shall carry interest @ 12%. A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room. Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, on this the 16th day of June, 2009.
S.K. SREELA, MEMBER.
G. SIVAPRASAD, PRESIDENT.
BEENA KUMARI.A, MEMBER. ad.
O.P.No. 78/2007 APPENDIX
I. Complainant's witness:
PW1 : Ajith Kumar
II. Complainant's documents: P1 : Photocopy of temporary cash/DD/Cheque collected receipt No.4776468 dated 21/4/2006 for Rs.2,700/-. P2 : " 4035576 dated 19/10/2005 for Rs.25,000/-. P3 : " 3784423 dated 10/9/2005
P4 : Copy of letter dated 25/10/2005 issued to the 1st opp. Party by complainant P5 : " dated 28/10/2005 issued to the 2nd opposite party by the complainant.
III. Opposite parties' witness: NIL
IV. Opposite parties' documents: NIL
PRESIDENT
......................Smt. Beena Kumari. A
......................Smt. S.K.Sreela
......................Sri G. Sivaprasad | |
