Orissa

Cuttak

CC/56/2020

Ullash Kumar Nayak - Complainant(s)

Versus

The Manager,Custmer Correspondence Unit SBI Card - Opp.Party(s)

M R Nayak & associates

14 Oct 2022

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.56/2020

Ullash Kumar Nayak,

S/O:Late Sarabeswar Nayak,

At:Khannagar,Kalivihar,P.O:Arundodoya Market,

PS:Badambadi,Town/Dist:Cuttack.                                                        ... Complainant.

 

                                                Vrs.

1.        The Manager,Customer Correspondence Unit SBI Card,

DLF Infinity Towers,Tower ‘C’,12^th Floor,

Block-2,Building,DLF Cyber City,

Gurugaon-122002(Haryana),India.

 

2.        The Manager,                                                      

State Bank of India,PBB,Branch,

Mahaveer Apartment,Badambadi,

AT/PS:Badambadi,P.O:Arunodoya Market,

Town/Dist:Cuttack-753012.                                                                 ... Opp. Parties.

 

 

Present:               Sri Debasish Nayak,President.

                                Sri Sibananda Mohanty,Member.

 

Date of filing:    12.08.2020

Date of Order:   14.10.2022

 

For the complainant:          Mr. M.R.Nayak,Adv. & Associates.

For the O.P  No.1  :             Mr. N.K.Dash,Adv. & Associates.

For the O.P No.2:                           None.

 

Sri Debasish Nayak,President.                                  

                Case of the complainant as made out from the complaint petition in short is that he had a Savings Bank Account with the O.P No.2 bearing no.10134229354.  The complainant had also accepted Credit Card facility bearing no.4377487804186852 with credit limit of Rs.10,000/- and cash limit of Rs.1000/-.  The said card was activated with effect from 25.9.19 but it was never utilized by the complainant.   The complainant received a message regarding deduction of specific amount from his S.B.Account with effect from 26.9.19.  He had approached the agent of the O.Ps who had assured to sort out the problem.  On 28.5.20 the complainant found the said debited amount had not been rectified for which he had sent a pleader’s notice to the O.Ps on 7.7.20.  On 27.7.20 the complainant noticed that an amount of Rs.473/- has been debited from his account.  Thus, the complainant has alleged that the O.Ps had deducted a total amount of Rs.5042/- illegally from his account.  It is for this, the complainant has filed this case seeking a penalty amount of Rs.50,000/- from the O.Ps together with another sum of Rs.50,000/- from them towards his mental agony and further a sum of Rs.10,000/- towards his legal expenses.

            The complainant has filed copy of the legal notice as sent on his behalf to the O.Ps alongwith xerox copy of his S.B.I Visa Platinum card.

2.         Having not contested this case, the O.P no.2 has been set exparte vide order dt.21.4.22.  However, O.P No.1 has contested this case and has filed his written version.  According to the written version of O.P No.1, the complainant’s case is liable to be dismissed being not maintainable; the complainant had not approached with clean hands and had rather suppressed material facts.  According to the O.P No.1, the matter should have been referred to the Arbitrator since when there is arbitration clause for which this Commission lacks jurisdiction in order to decide the case.  The O.P No.1 admits about the SB.I Credit Card bearing no. 0004377487804186852 issued in favour of the complainant in response to his application in the month of February,2019.  The O.P No.1 in his written version through  tabular form has specified the debited amount from account of the complainant and has stated that those who were debited with Card Protection Plan charges and with charges for Card Annual Basis as per the opted proposal of the complainant through his application for the Credit Card.  Since because the outstanding payment against the card was not received by the O.Ps from the complainant, Salary Sweep Facility was activated basing on the authentication letter provided by the complainant during the card application as and when made.  As per the said Salary Sweep Facility option (SSP), in the absence of payment, customer authorises the O.Ps to debit the minimum amount from his bank account.  Accordingly, they had specified the details of debited amount of the complainant/customer of his case.  The O.P No.1 through his written version has further clarified that the S.B.I Card holder are advised to pay the total amount due as per monthly settlement in order to avoid any charges or have the option to pay atleast minimum amount due to avoid the late payment charges and this process continues till the completion of the outstanding.  The O.Ps duly communicate this to the card holders through their monthly statements, MITC and their Website.  In the case of loan payment, interest is charged on the plans upon the amount due as per the procedure.  Thus, according to the O.P No.1, there is no cause of action for the complainant to file this case which is liable to be dismissed.

3.         Keeping in mind the averments as made in the complaint petition together with the contents of the written version of the O.P No.1, this Commission is of a view to settle the following issues in order to arrive at a proper conclusion.

i.          Whether the case of the complainant is maintainable ?

            ii.         Whether there was any deficiency in service on the part of O.Ps ?

            iii.        Whether the complainant is entitled to the reliefs as claimed ?

Issue no.ii.

            Out of the three issues, issue no.ii being the pertinent one taken up first for consideration here in this case.

            After perusing the complaint petition, the written version of the O.P no.1, it is noticed that the complainant infact had opted for a Credit Card facility from the O.P bearing no. 4377487804186852.  According to the complainant, he has not used his Credit Card but the O.Ps had debited certain amount of money from his account with them and he found that a total sum of Rs.5042/- has been deducted.  Though he had sent legal notice to the O.Ps, nothing fruitful had yielded for which he had to file this case.  On the other hand, it is the O.P No.1 who had strategically explained in details about the procedure of the Credit Card Facility and the reductions thereof as per the plan application of the complainant.  The complainant here in this case has not filed any scrap of paper in order to apprise this Commission as to what was the plan opted by him and what were the terms and conditions therein in order to entitle him to use the Credit Card facility and to substantiate his allegation about the unjustified deduction of money from his account by the O.Ps.  While evaluating and assessing the evidence on record and after going through the written version of O.P No.1, it is noticed that the explanation submitted in the written version of O.P no.1 appears to be convincing. In the absence of any proper documentary evidence, this Commission cannot simply arrive at a conclusion that there was deficiency in service.  Thus, this Commission has not noticed rather any deficiency in service by the O.Ps as alleged by the complainant.  Accordingly, this issue goes in favour of the O.Ps.

Issues no.i & iii

            From the discussions as made above, it can never be said here that the complaint case is maintainable and that the complainant is entitled to any of the reliefs as claimed by him.  Hence it is so ordered;

 

 

                                                            ORDER

            The case is dismissed on contest against O.P no.1 & exparte against O.P no.2 and as regards to the facts and circumstances of the case without any cost.

Order pronounced in the open court on the 14^th day of   October,2022 under the seal and signature of this Commission.           

                                                                                                                                Sri Debasish Nayak

                                                                                                                                            President

                       

                                                                                                                                                        Sri Sibananda Mohanty

                                                                                                                                Member