DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD

Dated this the 9^th day of August, 2024

Present      :   Sri. Vinay Menon V., President

                    :   Smt. Vidya A., Member                        

                   :   Sri. Krishnankutty N.K., Member                                        Date of Filing: 08/06/2022    

                                      CC/105/2022

Unnikrishnan P.V.,

S/o. Late Velayudhan Ezhuthassan,

Poovathingal House, Thenur Post,

Parali, Palakkad – 678 612                                                                             -             Complainant

(By Adv. K.Dhananjayan)  

                                                                                                                                Vs

1. M/s. SBI Cards & Payments Services Ltd.,

Tower C, 12^th Floor, Block 2, Bldg. 3, DLF

Infinity Towers, DLF Cyber City,

Gurgaon, Haryana – 122 002.

2. M/s. SBI Cards & Payments Services Ltd.,

Tower C, 12th Floor, Block 2, Bldg. 3, DLF

Infinity Towers, DLF Cyber City,

Gurgaon, Haryana – 122 002

Rep.by its MD/ Authorised Signatory

3. State Bank of India,

Corporate Centre, State Bank Bhavan,

Madam Cama Road, Nariman Point,

Mumbai, Maharashtra – 400 021.

4. State Bank of India,

Corporate Centre, State Bank Bhavan,

Madam Cama Road, Nariman Point,

Mumbai, Maharashtra – 400 021

Rep.by its MD/ Authorised Signatory

5. State Bank of India,

Rep. by its Branch Manager,

Parali Branch,  Parali, Palakkad – 678 612

6. State Bank of India,

Rep.by its Branch Manager,

Mankara Branch, Mankara, Palakkad – 678 613

7. M/s. CIBIL  Ltd.,

Trans Union India Ltd.,

One World Centre, Tower 2,

Senapathy Bhapat Marg,

Elphines Road, Mumbai – 400 013

8. M/s. CIBIL  Ltd.,

Trans Union India Ltd.,

One World Centre, Tower 2,

Senapathy Bhapat Marg,

Elphines Road, Mumbai – 400 013                                             -             Opposite parties

(OPs 1 & 2 by Adv. M/s. Jithesh Menon M. &

Radhika Rajendran

OPs 3 to 6 by Adv. Beena P.V.

OPs 7 & 8 by Adv.  M/s. Ajay T.S. & Santhosh T.)

O R D E R

By Sri. Vinay Menon V., President

1. Complainant is aggrieved by the illegal debit of his account by O.P. 6 for and on behalf of O.P.s 1 and 2 allegedly for expenses incurred while using a credit card, which was unsolicitedly imposed on him. He had been using this credit card only at fuel outlets. His present balance is only 8980.59/-, but the O.P.s 1 and 2 had raised a claim for Rs. 78,425.44/- which is exorbitant and illegal. Aggrieved by the illegal conduct of the O.P.s 1 and 2 in raising illegal claims and of O.P. 6 in debiting amounts without his sanction, and against O.P.s 3 to 6 for providing space in their premises for O.P.s 1 and 2 to conduct the soliciting business this C.C. is filed. Complaint is also aggrieved by the conduct of the O.P.s 7 and 8 in illegally reducing the credit rating of O.P.s 7 and 8 based on the recommendations of O.P.s 1 and 2.

2.         O.P. s 1 and 2 filed version refuting complaint pleadings stating that the complainant had not been using the card in fuel outlets alone and had been using for other purposes as well. The credit card was issued based on the applications and supporting documents provided by the complainant himself.  Complainant’s usage exceeds Rs. 8980.59/ as alleged by him. Monthly statements were being issued to the complainant in his e-mail address.  Till date the complainant had not raised any objections with regard to the statements issued to him.  Auto debit got dishonored on 31/3/2021. Presently the accumulated outstanding amount is Rs.81,685.35/-. OPs 3 to 6 has no connection with the business transaction between complainant and OPs 1 & 2.

3.         OP6 filed version stating that deductions were made from the account of complainant based on the authorization made by him.  These opposite parties are unnecessary parties to the litigation and sought for their removal from party array.

4.         OPs 7 & 8 filed version stating that details in their accounts are based on the communication received by them.  There is no privity of contract between the complainant and OP 7 & 8.  OPs 7 & 8 carried out detailed analysis of the complainant’s account and his credit information and rating was arrived at based on study. There is no deficiency in service on the part of OPs 7 & 8.

5.         The following issues were framed for consideration:

1. Whether the complaint is liable to pay Rs.78,425/- to the OPs due to the usage of credit card?
2. Whether the 6^th OP has made illegal deductions from the complainants account as alleged by him?
3. Whether there is any deficiency in service or unfair trade practice on the part of the OPs?
4. Whether the complainant is entitled to any of the reliefs sought for?
5. Any other reliefs?

            (i)           Documentary evidence of complainant comprised of proof affidavit and Exhibits           

                          A1 to A6.   

2. Complainant was examined as PW1.

(ii)        OPs filed proof affidavit. OPs 1 & 2 marked Exts.B1 to B7.  OPs 3 to 6 had no

             documents.   OPs 7 & 8 marked Ext.B8.

Marking of Exts.B1 to B7 are objected to on the ground they are photocopies. Marking of Ext.B3 is further objected to as it is unaccompanied by Section 65B certification. Since this Commission is not bound by Indian Evidence Act and in the absence of a plea that the said documents were either forged or fabricated, said objections are overruled. 

   Issue No.1

6.         According to the complainant the sole amount due from the complainant to OPs 1  was Rs.8,980.59/-. The demand for Rs.78,425.44/- is illegal. The complainant is not liable to pay the said amount.

7.         OP filed Exts.B1 to B7.

Off the said documents, Exts.B3 is the Payment and Purchases Structure. This is a statement of financial transaction carried out by the complainant using the credit card. The final account as on 11/06/2022 shows that an amount of Rs.81,685.35/- is due from the complainant to OP 1. Objections raised by the complainant against marking Ext.B3 in evidence is that this is a photocopy. It is true that this is a photocopy but the said document contains the seal of the OP1.

Ext.B4 is a series of documents which shows the monthly statements of the complainant. The monthly statement dated 11/4/2022 shows that the total outstanding as on 11/4/2022 is Rs.78,425.00/-. To this document also, the complainant has not raised any other objection other than that this is a photocopy.

8.         It would be pertinent to note that even though the complainant has made a pleading that the credit card was issued to him unsolcitedly, he had admitted to be using the said credit card. Thus, he has constructively accepted the credit card and had been using the same for effecting transactions.   

9.         Since the complainant has not raised any objections with regard to the above said statements of account, i.e. Exts. B3 and B4, other than that they are photocopies, we hold that complainant has no objection to the said documents or the matters borne out by the contents of said statements. 

10.       Thus, we hold that the complainant is liable to pay Rs.78,425/- as on 11/4/2022.   

            Issue No.2

11.       Ext.B1 is an application form for credit card.  While marking the said document complainant had not raised any objection regarding the execution or veracity of the contents therein. Hence, we presume that the said document was executed with the knowledge and consent of the complainant. In page 7 of Ext.B1, there is ‘Applicant Authorization / Declaration Letter to SBI’. Clause (a) is the ‘auto-debit mandate’ whereby the complainant has consented debit of his savings account bearing No.10567714223 held in Parali Branch of SBI.

Ext.A1 is the pass book bearing account no.10567714223. Account holder’s name is Unnikrishnan P.V., complainant herein.

12.       Thus, it can be seen that complainant has granted consent for auto debit of his account bearing No.10567714223 held in Parali Branch for amounts availed as credit from              OPs 1 & 2. 

            Issue Nos.3,4 & 5

13.       Pursuant to the findings based on discussions in Issue nos. 1& 2 we hold that there is no deficiency in service or unfair trade practice on the part of OPs.

14.       Resultantly, complainant is not entitled to any of the reliefs sought for.

15.       In the facts and circumstances of the case, we direct the parties to bear their respective costs.

                         Pronounced in open court on this the 9^th   day of August, 2024.     

                             Sd/-                                                                                                                             

                                                                                                                                                  Vinay Menon V

                                                                                   President

                                                                                         Sd/-

                          Vidya.A

                                              Member         

                               Sd/-

                Krishnankutty N.K.

                                                                                                                                                   Member         

APPENDIX

Exhibits marked on the side of the complainant

Ext.A1   - Copy  of pass book

Ext.A2  –  Colour photocopy of Credit Card     

Ext.A3 – Copy of lawyers notice dated 21/12/2021

Ext.A4 – Copy of reply to lawyers notice date 22/2/2022 alongwith postal receipts

Ext.A5 -  Print out of SMS dated 13/3/2022

Ext.A6 – Printout of photograph of OP1s contact details affixed in undisclosed location

Exhibits marked on the side of the opposite party:

Ext.B1 – True copy of application form for credit card   

Ext.B2 – True copy of terms and conditions

Ext.B3 – True copy of statement of accounts   

Ext.B4 - True copy  of SBI card monthly statement  

Ext.B5 – True copy of  card holder agreement

Ext.B6 –  True copy of email communication dated 14/9/2021   

Ext.B7 –  True copy of proof of monthly statements delivery  

Ext.B8 –  Printout of email communication dated 27/7/2022  

 Court Exhibit:  Nil  

Third party documents:  Nil

 Witness examined on the side of the complainant:  

PW1 – Unnikrishnan P.V. (Complainant)

Witness examined on the side of the opposite party:  Nil

Court Witness: Nil

 NB : Parties are directed to take back all extra set of  documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.