Ld. Advocate(s)
For Complainant: Makbul Rahaman
For OP/OPs : Zafar Sultan
(2)
Date of filing of the case :07.03.2019
Date of Disposal of the case :04.05.2023
Final Order / Judgment dtd.04.05.2023
Complainant above named filed the present complaint u/s 12 of the Consumer Protection Act, 1986 against the aforesaid opposite parties praying for order of refund in respect of Rs.8570.44, 12% interest over the said amount, wave the amount of Rs.40397.13 with interest, compensation amounting to Rs.2,00,000/- and Rs.50,000/- as cost of the case.
He alleged in the petition of complaint that he has a account with OP NO.1 vide account no.20060125511. OP No.1 issued a credit card in the name of complainant vide credit card no.0004726427586620734 without the consent of the complainant and said credit had sent at the house of the complainant through registered post. Thereafter, in a day OP NO.1 called the complainant and asked him to put signature over some papers. Complainant never used the said credit card till now. Said credit card is still now remaining in the custody of the complainant. On 26.04.2018 OP NO.2 debited Rs.997/- from the aforesaid account of the complainant as transaction of the said credit card. Similarly he deducted Rs.2144/- on 18.05.2018, Rs.1921/- on 19.06.2018, Rs.1938/- on 18.07.2018 and Rs. 1570.44 on 21.08.2018. Complainant blocked the said credit card on 13.05.2018 that is immediately after the alleged first deduction. OP NO.2 wrote a letter to the complainant and demanded outstanding dues amounting to Rs.37635.26. On 09.10.2018 complainant went to the bank of OP NO.1 and submitted an application and wanted to know about the aforesaid deduction. On 24.10.2018 complainant lodged one G.D. before the Chapra P.S. vide G.D No.1337 dated 24.10.2018. Thereafter, OP NO.2 sent a letter to the complainant on 31.10.2018 and claimed Rs.35081/- as outstanding dues.
On 05.11.2018 complainant informed the aforesaid matter to the Assistant Director Consumer Affairs and Fair Business, Nadia. On 20.11.2018 OP No.2 again sent a letter to the complainant claiming outstanding dues as Rs.36918.28. On 26.11.2018 complainant sent an Advocate letter to the OP No.2 and wanted to know about aforesaid claim. On 30.11.2018. OP No.2 again sent a letter to the complainant claiming outstanding dues as Rs.40397.13. On 17.12.2018 Assistant Director Consumer Affairs and Fair Business Price, Nadia, R.O. called the complainant and OPs for mediation. In compliance of the said direction, complainant was present before the office of Assistant Director Consumer Affairs and Fair Business Price but OPs did not turn up.
OP NO.1 & 2 appeared in this record and filed W/V on 20.06.2019. They denied the entire allegations. They further stated that complainant had applied before the OP No.2 for issuance of a credit card in his favour in pursuance of the said matter.
(3)
He had submitted his KYC in respect of his proof of address and proof of income. After verifying the credential of the complainant, OPs had issued one credit card to the complainant vide no.0004726427582617882 with on credit limit of Rs.61,000/-. Complainant was duly aware about the terms of the credit card. Complainant had made transaction of the said credit card on 24.02.2018 for an amount for an amount of Rs.9989/-, Rs.9946/- and Rs.9999/- at AJ ENTERPRISES 309 IN. Complainant also used the said credit card on 29.03.2018 for an amount of Rs.9999/- at RECHARGE CC AVENUE, MUMBAI IN. Complainant had swiped the said credit card on several occasions as stated above. Outstanding amount lying against the said credit card of the complainant. Complainant has till date failed to pay anything towards outstanding dues against the aforesaid credit card. Complainant had filed the instant complaint with the sole /motive to avoid payment of aforesaid outstanding dues. They prayed for dismissal of the complaint.
Trial
During trial complainant Sebananda Karmakar filed affidavit in chief on 21.07.2022, he also filed certain documents. OP No.1 & 2 did not file any affidavit in chief.
Documents
Complainant filed following documents through firisti on 13.09.2022 :-
- Xerox copy 1st page of pass book & transaction statement vide account no.20060125511date of issue 18.05.2010.......(Two sheets).........(Annex-1)
- Xerox copy of application letter for surrender of SBI Card no.4726427586620734 issued by complainant to Branch Manager SBI, Krishnagar dtd. 10.07.2018.......(One sheet).......(Annex-2)
- Xerox copy of Demand notice SBI Card No.0004726427582617882 issued by OP NO.2 to Complainant dtd. 27.09.2018.......(One sheet).......(Annex-3)
- Xerox copy of application letter for surrender of SBI Card No. 4726427586620734 issued by complainant to Branch Manager, SBI, Krishnagar dtd. 03.10.2018......(One sheet) ...........(Annex-4)
- Xerox copy of application letter for surrender of SBI Card No. 4726427586620734 issued by complainant to Officer in charge, Chapra P.S. dtd. 23.10.2018......(One sheet) ...........(Annex-5)
- Xerox copy of document of G.D. vide no.1337 dtd. 24.10.2018........(One sheet)
- Xerox copy of legal notice issued by Ld. Advocate OP NO.2 to complainant dtd. 31.10.2018....(One sheet)..........(Annex-6)
(4)
- Xerox copy of letter issued by Assistant Director Consumer Affairs & FBP, Nadia, R.O. to Branch Manager SBI, Krishnagar dtd.22.11.2018....(One sheet).....(Annex-7)
- Xerox copy of Ld. Advocate’s letter of Sri Promiti Banerjee to SBI Cards and payments Service Pvt. Ltd.dtd.26.11.2018.........(Two sheets).....(Annex-8)
10)Xerox copy of Postal Track Report dtd. 26.11.2018...........(One sheet)
11)Xerox copy of Demand Notice issued by OP NO.2 to complainant dtd. 30.11.2018..........(One sheet)........(Annex-9)
12) Xerox copy of letter of CAB dtd. 26.12.2018.......(One sheet).........(Annex-10)
OP No.1 & 2 at the time filing W/V and filed the following documents:-
- Computerised copy of Transaction details.........(One sheet)
- Xerox copy of verification by SBI..........(Two sheets)
- Xerox copy of filled up form for Tell us about yourself........(Two sheets)
- Xerox copy of declaration form.........(One sheet)
- Xerox copy of Aadhar card vide no.643183440306.......(One sheet)
- Xerox copy of Pan Card vide no.AFEPK5026P........(One sheet)
- Xerox copy of Pre-approved Data for SBI Credit Card..........(One sheet)
- Xerox copy of Back check Guidelines for cards sourced under Shikhar –Pre approved......(One sheet)
- Xerox copy of document of e-mail.......(One sheet)
- Xerox copy of E-stamp........(Two sheets)
- Xerox copy of SBI Card Monthly statement ( Account summary) dtd.24.03.2018......(One sheet)
- Xerox copy of SBI Card Monthly statement ( Account summary) dtd.24.04.2018......(One sheet)
- Xerox copy of SBI Card Monthly statement ( Account summary) dtd.24.05.2018......(One sheet)
- Xerox copy of SBI Card Monthly statement ( Account summary) dtd.24.06.2018......(One sheet)
- Xerox copy of SBI Card Monthly statement ( Account summary) dtd.24.07.2018......(One sheet)
- Xerox copy of SBI Card Monthly statement ( Account summary) dtd.24.08.2018......(One sheet)
(5)
- Xerox copy of SBI Card Monthly statement ( Account summary) dtd.24.09.2018......(One sheet)
- Xerox copy of SBI Card Monthly statement ( Account summary) dtd.24.10.2018......(One sheet)
- Xerox copy of SBI Card Monthly statement ( Account summary) dtd.24.11.2018......(One sheet)
- Xerox copy of SBI Card Monthly statement ( Account summary) dtd.24.12.2018......(One sheet)
- Xerox copy of SBI Card Monthly statement ( Account summary) dtd.24.01.2019......(One sheet)
- Xerox copy of SBI Card Monthly statement ( Account summary) dtd.24.02.2019......(One sheet)
- Xerox copy of SBI Card Monthly statement ( Account summary) dtd.24.03.2019......(One sheet)
- Xerox copy of SBI Card Monthly statement ( Account summary) dtd.24.04.2019......(One sheet)
Brief Notes of argument.
Complainant filed BNA. OP No.1 & 2 filed BNA.
Decision with Reasons
We have carefully gone through the petition of complainant, W/V filed by OP NO.1 and 2, affidavit in chief of complainant and documents filed by both the parties.
It is admitted position that one credit card was given to the complainant vide credit card no.0004726427586620734 in respect of his savings bank account with OP NO.1 vide account no.20060125511.
It is the allegation of the complainant that he did not use the credit card on any occasion but OP NO.2 deducted Rs.997/-, Rs.2144/-, Rs.1921/- Rs.1938 and Rs.1570.44 on various dates. OP No.1 &2 in their W/V stated that complainant swiped his aforesaid credit card on 24.02.2018 in respect of amount of Rs.9989/-,Rs.9946/- and Rs.9999/- in favour of AJ ENTERPRISES 309 IN. They further contended that complainant also swiped his aforesaid credit card on 29.03.2018 amounting to Rs.9999/- in favour of RECHARGE CC AVENUE MUMBAI IN. In support of their contention they filed one document but said document relating to amount Rs.9989/-, Rs.9946/- dated 24.03.2018.
(6)
So, it is clear that they could not file any document in respect of transaction amounting to Rs.9999/- dated 24.02.2018. They contended that OTP were sent to the mobile of complainant and complainant submitted OTP. As per their contention transaction in between complainant and AJ ENTERPRISES 309 IN took place on 24.02.2018 in respect of Rs.9989/- , Rs. 9946/- and in respect of Rs.9946/-. As per their second contention transaction took place in between complainant and RECHARGE CC AVENUE MUMBAI IN. But OPs could not produce details report in respect of said transaction. It is absent in their contention what type of articles alleged to have been purchased by the complainant from the aforesaid two companies on the aforesaid two dates.
It is the duty of the OP NO.1 & 2 to establish that complainant made transaction with the aforesaid two companies in respect of purchase of any product or relating to any service. But OP NO.1 & 2 did not produce the same. I find from the record that complainant blocked his credit card on 13.05.2018 and he issued one Advocate’s letter to the OP NO.2 on 26.11.2018. OP NO.1 & 2 did not give any reply in respect of aforesaid Advocate’s letter.
From the aforesaid discussion it is clear before us that OP NO.1 failed to establish by sufficient documentary evidence that complainant used the credit card in respect of transaction amounting to Rs.9989/-, Rs.9946/-, Rs.9999/- and Rs.9999/-.
I find from the record that OP No.2 deducted RS.997/- on 28.04.2018, deducted Rs.2144/- on 18.05.2018 and Rs.1921/- on 19.06.2018, Rs.1938 on 18.07.2018, Rs.1570.44 on 21.08.2018. We failed to understand that why the OP NO.2 deducted the aforesaid amounts on different dates where he alleged that complainant used his credit card in respect of transaction amounting to Rs.9989/-,Rs.9946/-, Rs.9999/- and Rs.9999/-. We do not find proper relation in respect of those amounts.
Having regard to the aforesaid discussion we are of the firmed view that OP NO.1 & 2 failed to established that complainant used the aforesaid credit card and for that reason OP NO.2 was entitled to deduct Rs.997/-, Rs.2144/-, Rs.1921/-,Rs.1938/-, Rs.1570.44 that is in total Rs.8570.44 and OP NO.2 was not entitled to claim any further amount from the complainant amounting to Rs.40397.13 as per his letter dated 30.11.2018.
In the result present case succeeds.
Hence,
It is
Ordered
(7)
that the present case be and the same is allowed on contest against the OP NO.1 & 2 with cost of Rs.3000/- (Rupees three thousand) to be paid by the OP No.1 & 2 in favour of the complainant.
OP No.2 is directed to refund Rs.8570.44 (Rupees eight thousand five hundred seventy and forty four paisa) in favour of the complainant within one month from this date failing which aforesaid amount shall carry interests @ 9% per annum from this date to till the date of calculation payment.
OP NO.1 &2 are further directed to not to claim Rs.40397.73 (Rupees Forty thousand three hundred ninety seven and seventy three paisa) as per letter of OP No.2 dated 30.11.2018.
OP NO.2 is further directed to pay Rs.10,000/- (Rupees Ten thousand) in favour of the complainant as compensation for his mental pain agony and harassment.
OP NO.1 & 2 are directed to comply this order within one month from this day failing which complainant shall have liberty to put this into execution.
Let a copy of this final order be supplied to both the the parties as free of costs.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) .................................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I concur,
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MEMBER
(NIROD BARAN ROY CHOWDHURY)
