Tamil Nadu

South Chennai

CC/73/2014

V.Ramachandran - Complainant(s)

Versus

The vice President, SBI Card & Payment Service Pvt. Ltd - Opp.Party(s)

V.Nandhakumar

20 Nov 2018

ORDER

                                                                        Date of Filing  : 03.02.2014

                                                                          Date of Order : 20.11.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B.                                : MEMBER-I

 

C.C. No.73/2014

DATED THIS TUESDAY THE 20^TH DAY OF NOVEMBER 2018

                                 

Mr. V. Ramachandran,

S/o. Sri. R. Varadarajan,

Plot No.15, Vaigai Street,

Palaniappa Nagar,

Valasaravakkam,

Chennai – 600 087.                                                        .. Complainant.                                                   

 

    ..Versus..

 

1. The Vice President,

Customer Services,

SBI Cards & Payments Services Pvt. Limited,

DLF Infinity Towers,

Tower C, 12^th Floor,

Block 2, Building 3,

DLF Cyber City,

Gurgaon – 122 002,

Haryana.

 

2. The Manager,

Customer Services,

SBI Cards & Payments Services Pvt. Limited,                                                    DLF Infinity Towers,

Tower C, 12^th Floor,

Block 2, Building 3,

DLF Cyber City,

Gurgaon – 122 002,

Haryana.

 

3. The Nodal Officer,

Customer Services,

SBI Cards & Payments Services Pvt. Limited,                                                    DLF Infinity Towers,

Tower C, 12^th Floor,

Block 2, Building 3,

DLF Cyber City,

Gurgaon – 122 002,

Haryana.                                                              … Opposite parties.

         

Counsel for complainant                  :  M/s. C.N. Raman & others

Counsel for opposite parties 1 to 3 :  M/s. K. Mohandass & others

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties 1 to 3 under section 12 of the Consumer Protection Act, 1986 praying to return a sum of Rs.5,000/- being wrongly collected and to pay a sum of Rs.1,00,000/- towards compensation for mental sufferings and negligence in service with cost of Rs.10,000/- to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that on 13.04.2013 at about 05.00 PM the complainant received two SMS in his cell phone No.9445379481 with regard to the transaction amounting to Rs.1,000/- & Rs.1,500/- respectively towards the payment of Airtel Bill allegedly using his Credit Card bearing No.4377 4405 3865.  Immediately, the complainant verified his Credit Card in his custody and complained the same to the SBI card customer care.  In turn, the opposite parties requested the details regarding Credit Card Number and Mobile No. etc through repeated emails for which, the complainant rightly complied.  Further the complainant submits that the opposite parties assured to look after the matter and revert the amount at the earliest point of time.  Further the complainant submits that in order to facilitate the opposite parties investigation process, the complainant paid a sum of Rs.5,000/- towards penal charges also.   Further the complainant submits that the opposite parties failed and neglected to entertain the genuine complaint of the complainant to repay the said amount of Rs.2,500/-.  The act of the opposite parties caused great mental agony. Hence the complaint is filed.

2.      The brief averments in the written version filed by the  opposite parties is as follows:

The opposite parties specifically deny each and every allegations made in the complaint and puts the complainant to strict proof of the same.    The complaint is not maintainable and is liable to be dismissed as no cause of action arose in favour of the complainant and against the answering respondent to file the present complaint and hence the complaint under reply is nothing but an abuse of the process of law and as such the same is liable to be dismissed with exemplary cost.  The allegation levelled in the complaint filed by the complainant are wrong and denied unless specifically admitted.  It is important to mention here that the transaction were valid transaction because they have been performed in a secure electronic commerce environment and further they had advised to the complainant to make the payment of the outstanding amount but despite the said fact the complainant remained adamant on his demand and pressurize the answering amount of valid transaction.  The communication in this regard was also sent to the complainant on 20.05.2013.  Therefore, there is no deficiency in service on the part of the opposite parties and hence the complaint is liable to be dismissed.

3.    To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A18 are marked.    In spite of sufficient time is given, the opposite parties has not come forward to file any proof affidavit to prove the contents in the written version and hence it is concluded as ‘No Proof Affidavit’.

4.      The points for consideration is:-

1. Whether the complainant is entitled to get return of a sum of Rs.5,000/- as prayed for?

2. Whether the complainant is entitled to a sum of Rs.1,00,000/- towards compensation for mental agony and negligence in service with cost of Rs.10,000/- as prayed for?

5.      On point:-

The opposite parties filed their written version but has not come forward to file any proof affidavit to prove the contents in the written version.  The complainant pleaded and contended that on 13.04.2013 at about 05.00 PM the complainant received two SMS in his cell phone No.9445379481 with regard to the transaction amounting to Rs.1,000/- & Rs.1,500/- respectively towards the payment of Airtel Bill allegedly using his Credit Card bearing No.4377 4405 3865.  Immediately, the complainant verified his Credit Card in his custody and complained the same to the SBI card customer care as per Ex.A1.  In turn, the opposite parties requested the details regarding Credit Card Number and  Mobile No. etc through repeated emails for which, the complainant rightly complied.  Further the contention of the complainant is that the opposite parties assured to look after the matter and revert the amount at the earliest point of time.  But no steps taken by the opposite parties.   Further the contention of the complainant is that in order to facilitate the opposite parties investigation process, the complainant paid a sum of Rs.5,000/- towards penal charges also.   But the complainant has not produced any record to prove such payment of Rs.5,000/-.  Further the contention of the complainant is that the opposite parties failed and neglected to entertain the genuine complaint of the complainant to repay the said amount of Rs.2,500/-.  Since the opposite parties has not taken any steps, and has not find out the reason for the withdrawal of Rs.1,000/- & Rs.1,500/- from the credit card of the complainant for the dues related to Airtel proves the deficiency in service. 

6.     The opposite parties after filing written version has not come forward to file proof affidavit and documents to prove the contentions raised in the written version.  Considering the facts and circumstances of the case this Forum is of the considered view the opposite parties shall return a sum of Rs.2,500/- being amount wrongly collected  with a compensation of Rs.10,000/- and cost of Rs.5,000/-.

In the result, this complaint is allowed in part.  The opposite parties 1 to 3 are jointly and severally liable to return a sum of Rs.2,500/- (Rupees Two thousand and five hundred only) being amount wrongly collected and to pay a sum of Rs.10,000/- (Rupees Ten thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.

The above amounts shall be payable within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 20^th day of November 2018. 

 

MEMBER –I                                                                      PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

Ex.A1	13.04.2013	Copy of complainant’s complaint to the 1st opposite party
Ex.A2	13.04.2013	Copy of reply to the 1st opposite party to the complainant
Ex.A3	18.04.2013	Copy of complainant’s complaint to the 1st opposite party
Ex.A4	22.04.2013	Copy of reply to the 1st opposite party to the complainant
Ex.A5	29.04.2013	Copy of complainant’s complaint to the 1st opposite party & dispute form
Ex.A6	29.04.2013	Complainant’s complaint to the 1st opposite party Xerox copy
Ex.A7	06.04.2013	Copy of reply to the 1st opposite party to the complainant
Ex.A8	06.08.2013	Copy of complainant’s complaint to the 3rd opposite party
Ex.A9	06.08.2013	Copy of reply to the 1st opposite party to the complainant
Ex.A10	06.08.2013	Complainant’s complaint to the 1st opposite party Xerox copy
Ex.A11	12.08.2013	Copy of reply to the 1st opposite party to the complainant
Ex.A12	26.08.2013	Copy of complainant’s complaint to the 3rd opposite party
Ex.A13	05.09.2013	Copy of reply to the 3rd opposite party to the complainant
Ex.A14	11.09.2013	Copy of reply to the 3rd opposite party to the complainant
Ex.A15	11.09.2013	Copy of complainant’s complaint to the 3rd opposite party
Ex.A16	11.09.2013	Copy of reply to the 3rd opposite party to the complainant
Ex.A17	07.10.2013	Copy of legal notices to the opposite parties
Ex.A18		Copy of SBI Card of the complainant

 

OPPOSITE  PARTIES SIDE DOCUMENTS:- NO PROOF AFFIDAVIT

 

 

MEMBER –I                                                                      PRESIDENT