BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENAKUMARI. A : MEMBER

SMT. S.K.SREELA : MEMBER

C.C. No. 189/2008 Filed on 19.08.2008

Dated : 16.03.2009

Complainant:

Sherif Rawther, BN 252, Kavil Lane, Medical College P.O, Thiruvananthapuram.

Opposite party:

Manager, SBI Credit Cards, Panavila Junction, Thiruvananthapuram.

This O.P having been taken as heard on 15.01.2009, the Forum on 16.03.2009 delivered the following:

ORDER

SMT. S.K.SREELA: MEMBER

The case of the complainant is as follows: The complainant was issued with a primary SBI card No. 4317 5751 6408 1318 and the complainant has neither signed on it nor has used it. Another card No. 4317 5751 6907 4250 was issued to the complainant without his request and the complainant returned it in pieces, without using it, on 17.10.2007. The opposite party made several demands and finally they said the matter could be settled on payment of Rs. 300/- which was paid accordingly by the complainant. But they have not settled the matter and instead the opposite party has demanded a sum of Rs. 14,000/-. The complainant further pleads that several threatening calls from Chennai and the filthy words over phone by the SBI personnel from the number 914430240274 caused great mental stress and strain. Hence this complaint has been filed.

In spite of acceptance of notice from the Forum, the opposite party never turned up to contest the case or file any version. Hence opposite party remains exparte.

The complainant has been examined as PW1 and marked Exts. P1 to P5. PW1 has not been cross examined and hence his deposition stands unchallenged.

We have perused the records produced by the complainant. An amount of Rs. 300/- is seen paid by the complainant to the opposite party as per Ext. P1 and the card number mentioned is 4317 5751 6907 4250. The complainant has pleaded that he has never used the card and he had returned it on 17.10.2007 and that he has been asked to pay an amount of Rs. 14000/-. The opposite party has never appeared before the Forum to contest the case nor has filed any version. In the above circumstance, how the opposite party has arrived at the above figure has not been clarified by the opposite party. Moreover, no explanation has been given by the opposite party for the same. Taking the above facts and circumstances into consideration we are left with no other option than to accept the pleadings in the complaint. On the basis of documents and depositions, we find that the opposite party is 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 amount to the opposite party. The opposite party is further directed to stop such unfair trade practice and the opposite party is hereby directed to close the account of the complainant with immediate effect. The opposite party shall also pay an amount of Rs. 3000/- as compensation and Rs. 2000/- as costs to the complainant within a period of one month failing which the above mentioned amounts 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, this the day of 16^th March 2009.

S.K.SREELA : MEMBER

G. SIVAPRASAD : PRESIDENT

BEENAKUMARI. A : MEMBER

C.C. No. 189/2008

APPENDIX

I COMPLAINANT'S WITNESS :

PW1 - Sherif Rawther

II COMPLAINANT'S DOCUMENTS :

P1 - Copy of SBI cards receipt dated 19.10.2002 for Rs. 300/-.

P2 - Copy of statement of account dated 02.08.2008.

P3 - Copy of monthly statement dated 02.12.2008.

P4 - Letter dated 26.08.2008 issued to the complainant.

P5 - Photocopy of advocate notice dated 10.10.2008 issued to the complainant.

III OPPOSITE PARTY'S WITNESS :

NIL

IV OPPOSITE PARTY'S DOCUMENTS :

NIL

PRESIDENT