2. The Managing Director,                   

    S.B.I. Cards and Payments

     Service Private Limited,          

   State Bank House, New Delhi.                             …opposite parties

        This Complaint coming up before us for hearing on 16-03-11 in the presence of Sri P. V. Ramana, advocate for complainant and opposite parties remained absent and set exparte, upon perusing the material on record and having stood over till this day for consideration this Forum made the following:-

O R D E R

Per Sri A. Hazarath Rao, President:-

        The complainant filed this complaint U/S 12 of Consumer Protection Act, 1986 seeking a direction to the opposite parties to cancel or inactivation of credit card, Rs.10,000/- as compensation, Rs.10,000/- towards mental agony and Rs.2,000/- towards legal expenses.

2.    In brief the averments of the complaint are these:

        The complainant is holding the credit card bearing No.4317 5750 2691 9903 issued by 2^nd opposite party.   The complainant paid amount to OP2 by way of cheques on different dates.   The complainant paid Rs.7973 in the year 1986, Rs.16,572/- in the year 2007, Rs.11,570/- in the year 2008, Rs.7950/- in the year 2009.   The complainant is not indebted in any amount to opposite parties.   The complainant requested to issue the list of payments and list of withdrawls and its related entries in respect of penal interest and other charges.   The complainant also requested the opposite party to cancel the credit card and issue no due certificate.   The opposite party s did not consider the said request of the complainant in respect of notice dated 2-03-10.   The opposite parties thus committed deficiency of service.   The complaint therefore be allowed.

3.  The opposite parties 1 and 2 remained exparte.   The opposite parties did not choose to file their version though entered appearance through advocates and as such they were set exparte.

4.     Exs.A-1 to A-7 were marked on behalf of complainant.

5.     Now the points that arose for consideration are:    

1. Whether the opposite party committed deficiency of service?
2. To what relief?

6.    POINT No.1:-     Ex.A-6 is the legal notice dated 03-03-10 got issued by the complainant to opposite party.   The relevant portion in Ex.A-6 is extracted below for better appreciation:

        “That our client is a credit card holder since 2005.   That our client utilized the card once or twice in the year 2005 and subsequently that our client is paid entire due amount to you by way of cheques, there is no outstanding due in his account as per the list maintained by him since 2005 to 2010.   That your representative harassed our client and insisted to pay the dues without giving any demand notice or any transparent account copy since beginning to till date.    That our client not utilized the credit card since three years.   That our client has no need about the usage of the credit card”. 

7.    The complainant in Ex.A6 notice nowhere mentioned that OP2 charged penal interest and other charges.   The above averments of Ex.A-6 is contrary to para-g of the complaint.   It can therefore be inferred that the complainant never required the opposite parties for list of payments and list of withdrawls and its related entries in respect of penal interest and other charges.

8.      It is not the case of the complainant that his credit card was not activated after Ex.A-6 notice.    The complaint was filed on 03-03-10 i.e., on the date of issue of Ex.A-6 notice.    The complaint has no patience even to wait for a reasonable period whether the credit card was in activated or not.   It can therefore be said that the opposite parties did not commit any deficiency of service.   Hence, this point is answered against the complainant.

9.   POINT No.2:-    In view of the above findings, in the result, the complaint is dismissed without costs.

        Dictated to Junior Steno, transcribed by her, corrected by us and pronounced in the open Forum dated this the 22nd day of              March, 2011.

MEMBER                                             MEMBER                                             PRESIDENT

APPENDIX OF EVIDENCE

   DOCUMENTS MARKED

For Complainant:

For opposite party :   NIL

                                                                                           PRESIDENT