DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, BOLANGIR
Presents:-
1 Sri A.K.Purohit, President
2 Smt. S.Rath, Member.
Dated, Bolangir the 15th day of May’ 2019
C.C. No. 01 of 2019
Sri Rajkishor Panda, S/o- Muralidhar Panda, At- Remeswarnagar, Bolangir town
Po/Ps/District- Bolangir
-Versue-
The Branch manager,State Bank of India, Main Branch, Bolangir
Po.Ps.District- Bolangir
Adv. For the Complainant: - None
Adv. For O.P :- None
Date of filing of the Case :- 22.01.2019
Date of Order :- 15.05.2019
JUDGMENT
Sri A.K.Purohit, President
1. The complainant has preferred this case alleging deficiency in banking service.
2. The case of the complainant is that, he being influenced with one Saroj Kumar Patel an employee of the O.P. has applied for a SBI Credit Card and accordingly the complainant was issued with a Prime Pro SBI Card vide Account No. 4314597570039311 wherein the credit limit is 142000/- and cash limit is 42600/-. The complainant used the said card up to 20.4.18 and paid the due amount of Rs. 1198/- on the same date and requested the O.P. to close his credit card account. The complainant alleges that, although his account has already been closed and he has not used the card after 20.4.18, he was receiving message for payment of outstanding due towards his credit card and also found that an amount of Rs. 740/- was debited from his savings account towards his credit card charges. To this the complainant requested the O.P. to solve his grievance but the O.P. did not listen to the same. Hence the complainant.
3. Although notice has been served on the O.P. neither he appears nor has filed his written version and hence he was set experte vide order dated 28.2.19. This act of the O.P. shows that he has admitted the case of the complainant.
4. Heard the complainant who appears in person. Perused the documentary evidence available on record. In his complaint petition the complainant has admitted that, he was issued with a credit card by the O.P. Bank and he has used the same till 20.4.18. The complainant pleaded that he has requested the O.P. to close his account and with the belief that his account has already been closed he has not used the credit card after 20.4.18. It is seen from the account statement that the credit card account of the complainant has not yet been closed. With these material available on record the point for consideration is whether the complainant is liable for the charges after 20.4.18 for his credit card account.
5. The complainant specifically pleaded in his complaint petition supported by an affidavit that he had paid the outstanding amount of Rs. 1198/- up to 20.4.18 and requested for its closer. It is seen from the account statement dated 9.3.19 issued by the O.P. that the account of the complainant is continuing and an amount of Rs.4689/- was outstanding against the complainant. This statement does not disclose any purchase by the complainant. Therefore it is believed that the complainant has not used the card after 20.4.18. These evidence goes to show that the complainant has requested for closer of his credit card on dated 20.4.18. The card facility is provided by the bank for purchase of goods by the card holder as per the terms and conditions. There is no evidence available on record to show any stipulation for non closer of the credit card. Therefore there is no reasons for the O.P. to refuse the request of the complainant for closer of his card. Since the complainant had paid the outstanding amount of Rs. 1198/- there is no reason for the O.P.to refuse his request.
6. The aforesaid arbitrary act of the O.P. amounts to deficiency in service on the part of the O.P. Due to the said act of the O.P. the complainant has sustain financial loss and an amount of Rs. 740/- was debited from his savings account on dated 8.1.19 and also sufficiently harassed by the act of the O.P. and hence he is entitled to compensation. Hence ordered:-
ORDER
The O.P. is directed to close the credit card account of the complainant and deactivate the credit card issued in favor of the complainant. The O.P. shall not demand any outstanding amount relating to the credit card of the complainant after 20.4.18. The O.P. is further directed to pay Rs. 50,000/- (fifty thousands) to the complainant towards compensation and cost. The O.P. shall comply this order within one month from the date of receipt of this order.
Accordingly the case is disposed of.
Pronounced in the open Forum to-day the 15th day of May 2019.
Sd/- Sd/-
MEMBER. PRESIDENT
