Tamil Nadu

North Chennai

CC/163/2016

P.Kumar M.A,B.L, - Complainant(s)

Versus

Mr.Venugopal Legal Manager SBI Cards and Payment Service Ltd - Opp.Party(s)

Party In Person

21 Dec 2018

ORDER

 

                                                            Complaint presented on: 27.09.2016

                                                                 Order pronounced on:21.12.2018 

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT:  TMT.K.LAKSHMIKANTHAM, B.Sc., B.L., DTL.,DCL, DL & AL PRESIDENT

 

TMT.P.V.JEYANTHI B.A.,  :      MEMBER - I

 

FRIDAY  THE  21^st  DAY OF DECEMBER 2018

 

C.C.NO.163/2016

 

P.Kumar, M.A., B.L.,

Male /59 Years,

Advocoate,

No.18/33, Bangaru Street,

Ayanavaram, Chennai – 600 023,

TAMIL NADU.

                                         

                                                                                        ….. Complainant

 

 ..Vs..

Legal Manager,

SBI Cards and Payments Services Ltd.,

141, OMR Road,

10^th Floor, Next to HCL Building,

Kandanchavadi,

Chennai – 600 096.

.....Opposite Party

Date of complaint                                 : 01.11.2016

Counsel for Complainant                      : Party in Person

 

Counsel for Opposite Party                    : M/s. K.Mohandas, R.Vigneswaran,

                                                                  P.Ragavan

 

 

O R D E R

 

BY PRESIDENT TMT.K.LAKSHMIKANTHAM, B.Sc., B.L., DTL.,DCL, DL & AL

          This complaint is filed by the complainant  to direct the opposite party to pay a sum of 1,00,000/- towards compensation for deficiency in service, and also to pay a sum of Rs.25,000/- for mental agony with cost of the complaint u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The complainant accepted and purchased the SBI Credit card from opposite party bearing No.4317575018015470 dated 11.04.2010 for his personal use and for purchase of things with assurance  to repay the credit amount  regularly.  It was also paid regularly and due to some financial crisis, the complainant was unable to pay one month due as required by the opposite party. Then the opposite party  has compelled the complainant to pay Rs.1,65,446.65. instead of the payment of Rs.15,555/-. The request by the complainant to receive the actual payment is not accepted by the opposite party. A settlement memo was issued to the complainant by Tamil Nadu State Legal Services Authority, Chennai on19.08.2011 as pre-litigation case organized by LOK ADALAT, Chennai. Compromise was arrived between the parties and the claim was amicably settled for an amount of Rs.20,000/- towards full and final settlement in one instalment and the  amount was paid by the complainant. But the opposite party  had given legal notice on 7.09.2012 instructing the complainant  to pay a sum of Rs.1,45,446.65 as outstanding amount and the name was   also not deleted from the list of  defaulters. It is purely deficiency in service on the part of opposite party. Again there was a notice on 7.12.2012 threatening the  complainant to pay Rs.1,45,446.65. Hence the complainant faced several hardships and mental agony.

2. WRITTEN VERSION OF THE  OPPOSITE PARTY IN BRIEF:

          As per the card holders agreement  there is an arbitration clause, and the dispute shall be resolved  by appointment of a sole arbitrator, hence this forum is devoid of jurisdiction to entertain the complaint. The complainant has not supported the complaint with any documents .The complaint is filed with ulterior motive  and  misleading  facts and the complaint is to be dismissed. 

3. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite party?

          2. Whether the complainant is entitled to any relief? If so to what extent?

4. POINT NO :1 

          The Complainant had purchased  Credit Card  bearing No. 4317575018015470 dated 11.04.2010 from the  opposite party  for his personal use  with an assurance  to repay  the credit amount regularly and also paid regularly.  Xerox copy of the card is Ex. A1. Admittedly due to financial crisis the complainant was unable to pay one  month due as required by the opposite party. According to the  complainant, he is only due to an amount of Rs.15,555/- and the complainant offered to pay a lesser amount was not accepted by the opposite party. While the matters being so,  there was an arrangement for  pre-litigation matters before Tamil Nadu STATE LEGAL SERVICES AUTHORITY , wherein the case of the complainant came up and there was a settlement arrived for Rs.20,000/- as full and final settlement.  Copy of the settlement memo dated is Ex.A2. The complainant was asked to pay on or before 29.08.2011 and he agreed to pay the amount and the amount was paid through cheque  from the complainant’s bank account on 29.8.11 and the proof of clearance for the same is  in Ex.A8.

          5.  The Complainant has suddenly received Ex.A4 notice dated 7.12.2012    issued by the opposite party  counsel to pay an amount of Rs.1,45,446-65/-. This letter was replied by the complainant in Ex.A5 dated 19.01.2013 stating all the facts and also the settlement arrived at Lok Adalat and also the payment made. Ex.A6  and Ex.A7 are the letters sent by thereby opposite party  inviting the complainant for conciliation under Arbitration and Conciliation Act. Ex.A8 is the statement of accounts of the complainant showing the realization of the cheque issued by the complainant to opposite party (SBI Card) as per settlement arrived between the parties.

6. The opposite party  would contend that the settlement arrived by both the parties before Lok Adalat made the opposite party to suffer loss due to compromise, but the complainant had not suffered any loss, thereby  the card account was closed as per the document in Ex.B1 and as per the card holder agreement,  the dispute has to be resolved through an arbitrator not through  the consumer forum  .

          7. Once the matter is settled in view of compromise arrived through Lok Adalat and settled  between parties, the opposite party  had no Locus standi  to disturb the complainant for the same issue. Even if there exists  an arbitration clause in card holder agreement , this complaint is filed in relation to deficiency of service, and the existence of the arbitration  clause will not be a bar for entertaining the complaint before this forum.

8. As per the submissions made by the Complainant  and as per the documents produced before this forum, the complainant had settled the amount in full and final . Ex.A2 reveals the outstanding amount as per the opposite party  and the settlement arrived between the parties in the presence of both parties and the complainant had paid the amount of Rs.20,000/-  as per the amicable settlement arrived paid on 30.08.2011.The officials from opposite party’s office had also signed along with the complainant in the settlement  memo in Ex.A2 .  Knowingly, the opposite party  had given notice on 7.11.2012 and on 7.12.2012 and also on 22.08.2016 calling the complainant  for conciliation and to  make payment,  which proves the negligence and deficiency in service on the part of the opposite party  and the complainant who settled the amount in full and final was made  to suffer unnecessarily.  Therefore  the complainant’s  sufferings of mental agony  has to be accepted as pleaded and the complainant is entitled for compensation from the opposite party  for mental agony  and the deficiency in service .

09. POINT NO:2

          As we have discussed in earlier point, the opposite party  is directed to pay to complainant an amount of Rs.35,000/- for mental agony and deficiency in service   and also to pay cost of  Rs.5,000/- for litigation expenses.

          In the result, the complaint is partly allowed. The opposite party  is directed to pay a sum of Rs. 35,000/-(Rupees thirty five thousand only) to the complainant for mental agony and deficiency in service, besides  a sum of Rs.5,000/- (Rupees five thousand only) towards litigation expenses.

The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of the payment

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 21^st   day of December 2018.

MEMBER – I                                                                PRESIDENT

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 11.04.2010                   Copy of SBI Credit Card No.4317575018015470

                                                       dated 11.04.2010   

 

Ex.A2 dated 26.08.2011                   Copy of the settlement memo sent by LOK Adalat

 

Ex.A3 dated 07.11.2012                   Copy of legal notice sent by opposite party

 

Ex.A4 dated 07.12.2012                   Copy of legal notice sent by opposite party

 

Ex.A5 dated 19.01.2013                   Letter sent   by complainant to the opposite party

 

Ex.A6 dated 22.08.2016                   Copy of legal notice sent by opposite party

 

Ex.A7 dated 22.08.2016                   Copy of legal notice sent by opposite party

                                                   

Ex.A8 dated 05.10.2016                   Proof of payment Rs.20,000/-   to SBI

 

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTY :

 

Ex.B1 dated 02.06.2017                   SBI Card Monthly Statement

 

 

                                     

MEMBER – I                                                               PRESIDENT