In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No.462/ 2009
1) Dr. (Mrs.) Kalpana Ray,
28/E, Haramohan Ghosh Lane,
P.S. Beliaghata, Kolkata-85 -------------- Complainant
---Versus---
1) Vice President, SBI Cards and Payment Services (P) Ltd.
DLF Infinity Tower C, 12th Floor, Block No.2,
Building No.3, DLFCyberCity,
Gurgaon-122002, Hariyana.
2) SBI Cards and Payment Services (P) Ltd.
SBI Credit Card Collection Unit, SMCFortunaBuilding,
3rd Floor, Room No.A-14, 234/3A, AJC Bose Road,
Kolkata-70, P.S. Bhowanipore. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri ,Member
Smt. Sharmi Basu ,Member
Order No. 27 Dated 30/01/2013.
In a nutshell, the case of the complainant is that complainant is the SBI card holder bearing no.4317575204136114 under the o.ps. and the complain ant paid monthly statement sent by the o.ps. on good faith and as per the monthly statement dt.3.9.07 the o.ps. showing total amount due Rs.13,710.17 and the complain ant paid Rs.13,500/- by cheque bearing no.133081 on 21.9.07 which appeared and credited by the o.ps. in their monthly statement dt.3.10.07 sent to the complainant.
Complainant states that the dispute has arisen with the o.ps. when the complainant scrutinized the monthly statement dt.3.10.07 and 3.12.07 and observed that the o.ps. making monthly statements for the above referred months under the same and identical head “NOBEL TELL LIMITED BERBU CARLSBADCA” USD 40.00 dt.17.9.07, USD 50.00 dt.23.9.07, USD 40.00 dt.4.1.07, USD 40.00 dt.14.10.07, USD 22.00 dt.27.10.07 and USD 40.00 dt.7.11.07 for which complainant had no knowledge and consent the complainant being surprised that how under what basis those amount of foreign exchange bill charged by the o.ps. in her monthly statements.
Complainant states that o.ps. on receiving of the aforesaid letters, o.ps. sent a letter vide Ref. No.FSvg 0208001278 dt.3.4.08 to the complainant regarding the review of fraudulent transaction of “NOBEL TELL LIMITED BERBU CARLSBADCA” for Rs.901.30 on SBI card number 0004317575204136114 of the complainant and further mentioned that they have provided temporary credit to the complainants SBI card amount for Rs.901.03 and reversed the finance charge of Rs.949.41 levied on the complainant’s card amount and the o.ps. admitted against that the above referred complainant’s SBI card number fake and fraudulent bills had been raised under the head “NOBEL TELL LIMITED BERBU CARLSBADCA” without knowledge and consent of the complainant.
Complainant wrote further letter dt.19.5.08 to the o.ps. in response the letter no.FSvg 208001278 dt.8.4.08 of the o.ps. wherein complainant requested to arrange for refund of amount realized under the head “NOBEL TELL LIMITED BERBU CARLSBADCA”.
Complainant states that the o.ps. deliberately ignoring the refund of the complainant excess amount payment of Rs.10,503.11 and for this reason complainant sent an advocate notice dt.27.2.09 to the o.ps. for making factitious baseless, illegal, malafide and imaginary billing month after month under the fake and fictitious head “NOBEL TELL LIMITED BERBU CARLSBADCA” and “NOBEL COM. COM 1(888) HAMILTON HM-12BM” since the complainant paid Rs.53,485.50 against the actual amount payable against SBI card Rs.42,982.39 and balance to be refundable Rs.10,503.11 along with bank rate of interest within a period of 15 days from the date of notice failing which the complainant constrained to proceed legal action against the o.ps. for fraudulent activities.
The humble submission of the complainant is that the o.ps. unlawful claims of the fabulous amount to Rs.5693.34 against the statement dt.3.8.09 which have increased by every monthly statements that should be reversed / waived and the complainant’s lawful demand of Rs.10,503.11 against the excess payment made by the complainant in her SBI card account which failed and neglected to reimburse / refund by the o.ps. and as a result, the complainant suffered mental peace and harassment day by day with anxieties and tension which amounts to deprivation / deficiency of service tender towards the complainant. Hence the case was filed by complainant with the prayer contained in the petition of complaint.
Both o.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular. The case of the complainant as we find from the record is that complainant is the SBI card holder bearing no.43175752041361114 under the o.ps. and complain ant paid monthly statement sent by o.ps. till 3.9.07 and o.ps. showed total amount Rs.13,710.17 and complainant paid the said sum by cheque bearing no.133081 on 21.9.07. Further it appears from the record that complainant scrutinize the monthly statement on 3.10.07 and 3.12.07 and observed that the o.ps. making monthly statement for the above referred months under the same and identical head “NOBEL TELL LIMITED BERBU CARLS BADCA” USD 40.00 dt.17.9.07, USD 50.00 dt.23.9.07, USD 40.00 dt.4.1.07, USD 40.00 dt.14.10.07, USD 22.00 dt.27.10.07 and USD 40.00 dt.7.11.07 for which complainant had no knowledge. It is also seen from the record that complainant made several references and sent letter vide reference no.FSvg 0208001278 dt.13.4.08 to the complainant regarding review fraudulent transaction of Rs.901.30 of the said SBI card of the complainant. Complainant wrote further letter on 19.5.08 and finally complainant has alleged that o.ps. unlawfully claimed Rs.5693.34 against the statement dt.3.8.09 which have been increased to Rs.10,503.11 as against the SBI credit card of the complainant.
We have gone through the entire materials on record and keeping an eye to the findings made above we are of the views that the o.ps. had sufficient deficiencies being service provider to its consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against both o.ps. O.ps. are jointly and/or severally directed to pay compensation of Rs.25,000/- (Rupees twenty five thousand) only for harassment and mental agony and to set aside the amount shown in the monthly statement of Rs.5693.34 (Rupees five thousand six hundred ninety three and thirty four paisse) only in the statement dt.3.8.09 and are further directed to refund excess amount of Rs.10,503.11 (Rupees ten thousand five hundred three and eleven paise) only payment made by the complainant in her SBI card account and are further directed to pay litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
