Complainant Biswanath Bandyopadhyay by filing a petition of complaint on 30.7.07 has prayed for passing an order directing the o.ps. viz. Manager/Director, SBI Cards and Payment Service Pvt. Ltd. and the Bucket Manager SBI Card and Payment Service Pvt. Ltd. to settle the dispute as per legal accounting procedure and to pay a sum of Rs.20,00/- as compensation and further reliefs as this forum deems fit and proper.

            The case of the complainant in short is that he is an SBI Card holder bearing no.43175752000991041 for credit limit of Rs.25000/- including cash.. he had withdrawn in cash upto the limit i.e. Rs.10,000/- and credit purchase of Rs.15,000/-. His card was blocked in January 2006 after withdrawing cash upto the limit by the o.p. and thereafter he has been starting repayment his withdrawal amount in monthly basis and he made repayment of Rs.24825/- as described in the schedule. But even in spite of it the o.p. sent a monthly statement showing total outstanding of Rs.29202.34 and on 3.7.07 o.p. had sent a monthly statement showing total outstanding as Rs.28334.33 the meanwhile he has refunded to the extend of Rs.24825/-.

            It was the contention of the o.p. that if the complainant failed to make repayment within the prescribed period of 45 days, the complainant will be bound to pay interest @ 2.99% p.m. on he outstanding amount. the o.p. in spite of several approach written and/or oral the o.p. did not send clear amount nor even he sent the statement by final account. The o.p. has calculated rate of interest twice on the same withdrawal and also calculated other charges in various manner “fee payment not receipt by due date”. The complainant has paid the interest @ 2.99% p.m. on the entire amount of Rs.25000/- and now if any interest is charged that will tantamount to double payment of interest. The o.p. in his monthly statement in July 2007 has made demand for Rs.28343.33 in spite of repayment of 24825/- which is a baseless demand on the part of the o.p. In view of this position the complainant prays for compensation of Rs.15000/-, litigation and miscellaneous cost of Rs.5000/-.

            Decision with reasons :

            It appears on perusal on record that even in spite of receipt of the notice vide order no.5 dt.16.11.07 the o.p. has neither appeared nor contested this case. So the  case has been heard ex parte. We have perused the annexure-A comprises of cheque collected receipt. It is the contention of the complainant that he has made repayment by way of 17 instalments, but on a close scrutiny of the record particularly annexure-A it appears to us that he made repayment in 15 instalments instead of 17 and the total repayment by way of 15 instalment comes to the figure to the extent 9of Rs.24355/- and not Rs.24825/-. In his BNA he has claimed that he has made repayment of Rs,.4250/- by way of cheque  but his assertion of such payment by way of cheque to the extent of Rs.4250/- does not find place in the record and in his petition of complaint such payment of Rs.4250/- has not been mentioned. So we are unable to accept his contention with regard to payment of Rs.4250/- and Rs.480/- So complainant could not have substantiated his claim of repayment of Rs.470/- and Rs.4250/-, so the total amount stands to the figures of Rs.4720/- for which no document has been filed by the complainant.

            We do not find any agreement with regard to payment of interest @ 2.99% p.m. on the outstanding dues. It appears from the lawyer’s letter dt.10.7.07 vide running page 13 that the interest of withdrawal amount will be 2.9% p.m. (but in the petition of complaint 2.99%) if it is paid within the time limit of 45 days. So ultimately it can be said with reasonable certainty that the complainant has used the credit card upto the prescribed limit of Rs.25000/- and when the limit exceeded the card was blocked from the office of the o.p. i.e. in January 2006.

            It appears on perusal of the record that the o.p. has not given any reply of the lawyer’s letter of the complainant. We have already said that the o.p. already received the notice of this case, but they never appeared nor have they taken any step to contest this case. this being the position, there is no disbelieve he unchallenged testimony of the complainant as we disclosed above particularly on the basis of the annexure-A.

            In view of the discussion made above the petition of complaint u/s 12 of the C.P. Act, 1986 filed by the complainant succeeds. Fees paid are cored.

            Hence,

                        Ordered,

            That the petition u/s 12 of the C.P. Act, 1986 filed by the complainant is allowed ex parte. The o.ps. are directed to settle the dispute of accounting by way of accepting the amount of Rs.3988.33 (Rs.28343.33 – Rs.24355.0) which must be paid by the complainant positively within 30 days from the date of delivery of judgment. The o.ps. are dir4ected to pay compensation to the extent of Rs.5000/- (Rupees five thousand) only and litigation cost of Rs.1000/- (Rupees one thousand) only to the complainant positively within 30 days from the date of delivery of judgment, failing which it will carry interest @ 10% p.a. till full realization of the amount. The complainant is also at liberty to realize the amount through due process of law. Accordingly, the case is finally disposed of from this forum.

            Let copy of this order be supplied to the parties free of cost.