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. 294/2004 Filed on 22..07..2004 Dated: 31..01..2009
Complainant: B. Sukumaran, Thazhassery Thoppil Veedu, T.C.31/1198(2), Pettah – P.O., Thiruvananthapuram. (By Adv. S.V. Shaji)
Opposite parties:
The Manager Customer Service, SBI Card in payment Services Pvt.Ltd., P.O.Bag No.28,GPO., New Delhi – 110 001. The Manager, SBI Card in Payment Services, Rajadhani Building, East Fort, Thiruvananthapuram.
(By Adv. S. Reghukumar)
This complaint is disposed of after the period so specified under the Consumer Protection Act, 1986. Though the case was taken up for orders by the predecessors of this Forum on 08..05..2006, the order was not prepared accordingly. This Forum assumed office on 08..02..2008 and re-heard the complaint. This O.P having been heard on 12..01..2009, the Forum on 31..01..2009 delivered the following:
ORDER
SMT. S.K.SREELA, MEMBER:
The case of the complainant is as follows: The complainant had availed a credit card (Credit Card No.4006 6610 5791 3233) facility for Rs.30,000/- with a cash limit of Rs.12,000/- in January 2003 and the complainant had availed its service for an amount of Rs.11,289/- in the month of March 2003. Out of which the complainant had remitted Rs.500/- on 06..03..2003 and the balance to be remitted was Rs.10,789/-. But the opposite parties directed the complainant to remit Rs.11,580/- as balance amount, and so the complainant had remitted Rs.11,580/- on 03..04..2003. Thus a total amount of Rs.12,080/- was remitted. On remittance of the total amount the complainant requested the opposite parties to cancel the card and close the account. The complainant was issued a letter stating that the card was cancelled and mentioned nothing about the closure of the account. The complainant was under the impression that the transaction with the opposite parties is closed. But the opposite party is sending monthly statement to the complainant informing him that he is bound to pay interest on the total amount and in the monthly statement sent to the complainant on 16..02..2004, he was directed to pay an amount of Rs. 1,883.62/-. But the complainant remitted the entire amount on 03..04..2003 and closed the account with the opposite party and he is not bound to pay any amount towards interest or balance. Hence this complaint for an order directing the opposite parties to close the account of complainant holding that no more amount is due to the opposite parties.
2. The opposite parties have not filed their versions and hence they were set ex-parte.
3. The complainant has filed affidavit in lieu of chief examination and marked Exts.P1 to P8. The complainant has not been cross examined and hence his affidavit stands unchallenged.
4. The issues that would arise for consideration are:
Whether there is deficiency in service and unfair trade practice on the part of the opposite parties? Whether the complainant is entitled for the reliefs claimed?
5. Points (i) & (ii ) : The documents produced by the complainant in support of his complaint reveal that he had availed a credit card bearing No. 4006 6610 5791 3233 of the opposite parties. Exts. P2 & P3 prove the payment of a total amount of Rs.12,080/- to the opposite parties by the complainant as against a credit of Rs.11,289/-. According to the complainant he had paid an excess amount of Rs.791/-. In Ext.P3 it is stated by the opposite parties that they have cancelled the card. As per Ext.P3 the complainant has been asked to pay an amount of Rs.1,693.23/-. But opposite parties have never turned up to contest the case and the allegations levelled against them. There is no evidence before us as to the fact that how the opposite parties have arrived at the above mentioned amount. Moreover, the sworn statement of the complainant stands uncontroverted which leads us to conclude that what has been stated in the complaint as genuine.
6. In the above circumstance, we find that the complainant is not bound to pay any amount to the opposite parties and the opposite parties are duty bound to close the account of the complainant.
In the result, the complaint is allowed and the complainant is found not entitled to remit any further amount to the opposite parties. The opposite parties shall close the account of the complainant with immediate effect and shall not repeat such unfair trade practice. The opposite parties shall also pay an amount of Rs.2,000/- (Rupees Two thousand only) to the complainant as compensation within a period of one month, failing which the amount shall carry interst @ 9%. 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 31st day of January, 2009.
S.K. SREELA, MEMBER.
G.SIVAPRASAD, PRESIDENT.
BEENA KUMARI. A, MEMBER.
ad.
O.P.No.294/2004 APPENDIX
I. Complainant's witness : NIL
II. Complainant's documents:
P1 : Photocopy of letter dated 05/02/2004 P2 : " collect receipt No.831195 showing remittance of Rs.11,580/- on 03/04/2003 P3 : Letter dated 16/02/2004 issued to the complainant by opp. Parties. P4 : Copy of monthly statement of SBI card No.4006 6610 5791 3233 dt. 11th June 2004. P5 : Monthly statement dated 11/03/2005 P6 : Monthly statement dated 11/04//2005 P7 : " dated 11/05/2005 P8 : " dated 11/06/2005
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. 294/2004 Filed on 22..07..2004 Dated: 31..01..2009
Complainant: B. Sukumaran, Thazhassery Thoppil Veedu, T.C.31/1198(2), Pettah – P.O., Thiruvananthapuram. (By Adv. S.V. Shaji)
Opposite parties:
The Manager Customer Service, SBI Card in payment Services Pvt.Ltd., P.O.Bag No.28,GPO., New Delhi – 110 001. The Manager, SBI Card in Payment Services, Rajadhani Building, East Fort, Thiruvananthapuram.
(By Adv. S. Reghukumar)
This complaint is disposed of after the period so specified under the Consumer Protection Act, 1986. Though the case was taken up for orders by the predecessors of this Forum on 08..05..2006, the order was not prepared accordingly. This Forum assumed office on 08..02..2008 and re-heard the complaint. This O.P having been heard on 12..01..2009, the Forum on 31..01..2009 delivered the following:
ORDER
SMT. S.K.SREELA, MEMBER:
The case of the complainant is as follows: The complainant had availed a credit card (Credit Card No.4006 6610 5791 3233) facility for Rs.30,000/- with a cash limit of Rs.12,000/- in January 2003 and the complainant had availed its service for an amount of Rs.11,289/- in the month of March 2003. Out of which the complainant had remitted Rs.500/- on 06..03..2003 and the balance to be remitted was Rs.10,789/-. But the opposite parties directed the complainant to remit Rs.11,580/- as balance amount, and so the complainant had remitted Rs.11,580/- on 03..04..2003. Thus a total amount of Rs.12,080/- was remitted. On remittance of the total amount the complainant requested the opposite parties to cancel the card and close the account. The complainant was issued a letter stating that the card was cancelled and mentioned nothing about the closure of the account. The complainant was under the impression that the transaction with the opposite parties is closed. But the opposite party is sending monthly statement to the complainant informing him that he is bound to pay interest on the total amount and in the monthly statement sent to the complainant on 16..02..2004, he was directed to pay an amount of Rs. 1,883.62/-. But the complainant remitted the entire amount on 03..04..2003 and closed the account with the opposite party and he is not bound to pay any amount towards interest or balance. Hence this complaint for an order directing the opposite parties to close the account of complainant holding that no more amount is due to the opposite parties.
2. The opposite parties have not filed their versions and hence they were set ex-parte.
3. The complainant has filed affidavit in lieu of chief examination and marked Exts.P1 to P8. The complainant has not been cross examined and hence his affidavit stands unchallenged.
4. The issues that would arise for consideration are:
Whether there is deficiency in service and unfair trade practice on the part of the opposite parties? Whether the complainant is entitled for the reliefs claimed?
5. Points (i) & (ii ) : The documents produced by the complainant in support of his complaint reveal that he had availed a credit card bearing No. 4006 6610 5791 3233 of the opposite parties. Exts. P2 & P3 prove the payment of a total amount of Rs.12,080/- to the opposite parties by the complainant as against a credit of Rs.11,289/-. According to the complainant he had paid an excess amount of Rs.791/-. In Ext.P3 it is stated by the opposite parties that they have cancelled the card. As per Ext.P3 the complainant has been asked to pay an amount of Rs.1,693.23/-. But opposite parties have never turned up to contest the case and the allegations levelled against them. There is no evidence before us as to the fact that how the opposite parties have arrived at the above mentioned amount. Moreover, the sworn statement of the complainant stands uncontroverted which leads us to conclude that what has been stated in the complaint as genuine.
6. In the above circumstance, we find that the complainant is not bound to pay any amount to the opposite parties and the opposite parties are duty bound to close the account of the complainant.
In the result, the complaint is allowed and the complainant is found not entitled to remit any further amount to the opposite parties. The opposite parties shall close the account of the complainant with immediate effect and shall not repeat such unfair trade practice. The opposite parties shall also pay an amount of Rs.2,000/- (Rupees Two thousand only) to the complainant as compensation within a period of one month, failing which the amount shall carry interst @ 9%. 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 31st day of January, 2009.
S.K. SREELA, MEMBER.
G.SIVAPRASAD, PRESIDENT.
BEENA KUMARI. A, MEMBER.
ad.
O.P.No.294/2004 APPENDIX
I. Complainant's witness : NIL
II. Complainant's documents:
P1 : Photocopy of letter dated 05/02/2004 P2 : " collect receipt No.831195 showing remittance of Rs.11,580/- on 03/04/2003 P3 : Letter dated 16/02/2004 issued to the complainant by opp. Parties. P4 : Copy of monthly statement of SBI card No.4006 6610 5791 3233 dt. 11th June 2004. P5 : Monthly statement dated 11/03/2005 P6 : Monthly statement dated 11/04//2005 P7 : " dated 11/05/2005 P8 : " dated 11/06/2005
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. 294/2004 Filed on 22..07..2004 Dated: 31..01..2009
Complainant: B. Sukumaran, Thazhassery Thoppil Veedu, T.C.31/1198(2), Pettah – P.O., Thiruvananthapuram. (By Adv. S.V. Shaji)
Opposite parties:
The Manager Customer Service, SBI Card in payment Services Pvt.Ltd., P.O.Bag No.28,GPO., New Delhi – 110 001. The Manager, SBI Card in Payment Services, Rajadhani Building, East Fort, Thiruvananthapuram.
(By Adv. S. Reghukumar)
This complaint is disposed of after the period so specified under the Consumer Protection Act, 1986. Though the case was taken up for orders by the predecessors of this Forum on 08..05..2006, the order was not prepared accordingly. This Forum assumed office on 08..02..2008 and re-heard the complaint. This O.P having been heard on 12..01..2009, the Forum on 31..01..2009 delivered the following:
ORDER
SMT. S.K.SREELA, MEMBER:
The case of the complainant is as follows: The complainant had availed a credit card (Credit Card No.4006 6610 5791 3233) facility for Rs.30,000/- with a cash limit of Rs.12,000/- in January 2003 and the complainant had availed its service for an amount of Rs.11,289/- in the month of March 2003. Out of which the complainant had remitted Rs.500/- on 06..03..2003 and the balance to be remitted was Rs.10,789/-. But the opposite parties directed the complainant to remit Rs.11,580/- as balance amount, and so the complainant had remitted Rs.11,580/- on 03..04..2003. Thus a total amount of Rs.12,080/- was remitted. On remittance of the total amount the complainant requested the opposite parties to cancel the card and close the account. The complainant was issued a letter stating that the card was cancelled and mentioned nothing about the closure of the account. The complainant was under the impression that the transaction with the opposite parties is closed. But the opposite party is sending monthly statement to the complainant informing him that he is bound to pay interest on the total amount and in the monthly statement sent to the complainant on 16..02..2004, he was directed to pay an amount of Rs. 1,883.62/-. But the complainant remitted the entire amount on 03..04..2003 and closed the account with the opposite party and he is not bound to pay any amount towards interest or balance. Hence this complaint for an order directing the opposite parties to close the account of complainant holding that no more amount is due to the opposite parties.
2. The opposite parties have not filed their versions and hence they were set ex-parte.
3. The complainant has filed affidavit in lieu of chief examination and marked Exts.P1 to P8. The complainant has not been cross examined and hence his affidavit stands unchallenged.
4. The issues that would arise for consideration are:
Whether there is deficiency in service and unfair trade practice on the part of the opposite parties? Whether the complainant is entitled for the reliefs claimed?
5. Points (i) & (ii ) : The documents produced by the complainant in support of his complaint reveal that he had availed a credit card bearing No. 4006 6610 5791 3233 of the opposite parties. Exts. P2 & P3 prove the payment of a total amount of Rs.12,080/- to the opposite parties by the complainant as against a credit of Rs.11,289/-. According to the complainant he had paid an excess amount of Rs.791/-. In Ext.P3 it is stated by the opposite parties that they have cancelled the card. As per Ext.P3 the complainant has been asked to pay an amount of Rs.1,693.23/-. But opposite parties have never turned up to contest the case and the allegations levelled against them. There is no evidence before us as to the fact that how the opposite parties have arrived at the above mentioned amount. Moreover, the sworn statement of the complainant stands uncontroverted which leads us to conclude that what has been stated in the complaint as genuine.
6. In the above circumstance, we find that the complainant is not bound to pay any amount to the opposite parties and the opposite parties are duty bound to close the account of the complainant.
In the result, the complaint is allowed and the complainant is found not entitled to remit any further amount to the opposite parties. The opposite parties shall close the account of the complainant with immediate effect and shall not repeat such unfair trade practice. The opposite parties shall also pay an amount of Rs.2,000/- (Rupees Two thousand only) to the complainant as compensation within a period of one month, failing which the amount shall carry interst @ 9%. 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 31st day of January, 2009.
S.K. SREELA, MEMBER.
G.SIVAPRASAD, PRESIDENT.
BEENA KUMARI. A, MEMBER.
ad.
O.P.No.294/2004 APPENDIX
I. Complainant's witness : NIL
II. Complainant's documents:
P1 : Photocopy of letter dated 05/02/2004 P2 : " collect receipt No.831195 showing remittance of Rs.11,580/- on 03/04/2003 P3 : Letter dated 16/02/2004 issued to the complainant by opp. Parties. P4 : Copy of monthly statement of SBI card No.4006 6610 5791 3233 dt. 11th June 2004. P5 : Monthly statement dated 11/03/2005 P6 : Monthly statement dated 11/04//2005 P7 : " dated 11/05/2005 P8 : " dated 11/06/2005
III. Opposite parties' witness: NIL
IV. Opposite parties' documents: NIL
PRESIDENT
......................Smt. Beena Kumari. A
......................Smt. S.K.Sreela
......................Sri G. Sivaprasad | | 
