By Smt. PREETHI SIVARAMAN.C, MEMBER
1. Case of the complainant:-
On 09/09/2020 complainant had requested the opposite party No.1 to cancel the membership of the Card Protection Plan (Service) within the prescribed time period of 30 days. Complainant was eligible for the refund of full amount of Rs. 1899/-(Rupees One thousand eight hundred and ninety nine only) which he already paid. The cancellation request was placed over telephone with customer Care Executive of opposite party No.1 from the mobile number of complainant. That mobile number of complainant is +918589009700. On 14/09/2020, complainant had received the confirmation letter of cancellation of the membership from opposite party No.1 through India post stating that, the amount will be credited to the original payment mode (Opposite party No.2) within seven working days.
2. While checking with opposite party No.2, the SBI credit card, complainant came to know that the amount had not been credited even after 7 working days as guaranteed by opposite party No.1. On 01/10/2020 complainant had contacted 18004194000 and talked with Mrs. Jyothi the customer care executive of opposite party No.1 from his personal mobile number to know the updates of the refund transactions. But complainant received wrong and misleading information from opposite party No.1 who is one of the leading service provider in the financial services and insurance markets not only in India but across the world. On behalf of opposite party No.1 the customer care executive Mrs. Jyothi informed the complainant that there is a delay in settlement of the refund amount due to the system updation between opposite party No.1 and 2 . Opposite party No.2 also admitted the fact that there is a delay in payment settlement happened beyond the assured time period of seven working days.
3. Opposite party No.2 had charged the complainant a financial charge of Rs. 2217/- (Rupees Two thousand two hundred and seventeen only) including 18% GST for due in the credit card bill, which happened only because of the above mentioned issue on 21/10/2020. Opposite party No.1 refunded the amount to complainant only on 22/10/2020 after 35 working days. In the mean time complainant had a financial loss of Rs. 2217/- (Rupees Two thousand two hundred and seventeen only). It is very clear that opposite party No.1 had made negligence in settling the amount on time, which shall not be happened from a reputed service provider of credit/debit card protector especially against fraud financial transaction. Claim of the complainant is that, he is entitled to get Rs. 2,129/-(Rupees Two thousand one hundred and twenty nine only) and a compensation of Rs. 3,00,000/-(Rupees Three lakh only).
4. On admission of the complaint notice was issued to the opposite parties and notice served on them and opposite party No.2 did not turn up. Hence opposite party No.2 was set exparte. Opposite party No.1 appeared with their counsel and filed version. No affidavit filed.
5. In their version they stated that complaint of the complainant is not maintainable against opposite party No.1. The membership renewal charge of Rs. 1899/-(Rupees One thousand eight hundred and ninety nine only) were collected by opposite party No.2 and sent to opposite party No.1 on 07/09/2020. Opposite party No.1 renewed the membership of the complainant. On 10/09/2020 opposite party No.1 refunded the entire amount of Rs. 1899/-(Rupees One thousand eight hundred and ninety nine only) to card account of the complainant with opposite party No.2. They again contented that in case the opposite party No.2 has not credited this refund amount to the complainant or in case the opposite party No.2 has charged any excess amount to the complainant , it is a matter between complainant and the opposite party No.2.
6. The complaint of the complainant is not supported with the mandatory affidavit of the complainant as such , complaint of the complainant deserves to be dismissed on this ground alone. They again denied the contents of the complaint . Hence complaint of the complainant may be dismissed with heavy cost. Thereafter opposite party No.1 did not filed affidavit.
5. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 to A4. Ext.A1 is the copy of acknowledgment letter of cancellation stating refund in 7 working days from opposite party No.1, Ext.A2 is the copy of call details with the Customer Care Executive of opposite party No.1 from mobile No.8589009700, Ext.A3 is the copy of Audio CD record of call with Customer Care Executive of opposite party No.1, Ext.A4 is the copy of Credit card statements by opposite party No.2 for the months of September, October and November 2020.
6. The allegations against opposite parties are proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced four documents which are very supportive to prove his case. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite parties as alleged in the complaint.
7. Hence we allow this complaint holding that opposite parties are deficient in service.
- The opposite parties are directed to refund Rs. 2217/-(Rupees Two thousand two hundred and seventeen only) to complainant.
- The opposite parties are directed to pay compensation of Rs. 10,000/-(Rupees Ten thousand only) to the complainant on account of deficiency in service on the part of opposite parties and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite parties also directed to pay Rs. 5,000/- (Rupees five thousand only) as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite parties are liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 12th day of December, 2022.
MOHANDASAN.K, PRESIDENT
PREETHI SIVARAMAN.C, MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A4
Ext.A1 : Copy acknowledgment letter of cancellation stating refund in 7 working
days from opposite party No.1.
Ext.A2 : Copy of call details with the customer care executive of opposite party No.1
from mobile NO.8589009700.
Ext.A3 : Copy of Audio CD record of call with customer care executive of opposite
party No.1
Ext.A4 : Copy of Credit card statements by opposite party No.2 for the months of
September, October and November 2020.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN.K, PRESIDENT
PREETHI SIVARAMAN.C, MEMBER
