No. 10/12.09.2011.

HON’BLE JUSTICE SRI PRABIR KUMAR SAMANTA, PRESIDENT.

Both sides are present through their Ld. Advocates.  This appeal is by the JDR – O.Ps against the judgement and order dated 14.05.2008 passed by the Forum below thereby directing them to cancel a Visa Gold Card issued in the name of the Complainant with further direction to refund an amount of Rs.10,279.05 which was deducted from Complainant’s Savings Bank Account on the alleged ground of utilising the said credit card for the aforesaid amount.  It is the case of the Complainant that the aforesaid Visa Gold Card was not at all applied for by him nor did he sign any papers and/or documents either for getting or upon receipt of such Visa Gold Card from the O.P. – Bank.  It has, therefore, been stated by the Complainant that he had no occasion to use the said Visa Gold Card. 

Before the Forum below in spite of service of notice of the above complaint case upon the O.Ps – Bank the said complaint case has not been contested by them by filing any Written Objection to the same.  The O.Ps also have not appeared at the hearing of the complaint case, nor they have led any evidence whatsoever.  The complaint case has thus been allowed by the order as stated hereinbefore. 

At this appellate stage the Appellant has sought to rely upon a statement of account in relation to the aforesaid Visa Gold Card to contend that in fact the said card was used by the Complainant.  We are unable to accept such documentary evidence at the appellate stage particularly when there is no pleading of the O.Ps – Bank denying the allegation made in the complaint.  Since the O.Ps – Bank has failed to contest the case by filing any defence whatsoever even upon notice so the question of considering the statement of account prepared by the Bank at this appellate stage does not arise.  We, therefore, do not find any occasion to interfere with the impugned judgment and order of the Forum below on the plea as above.  The same is accordingly dismissed.