DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

ROPAR

                    Vijay Asdhir son of Sh. Sadhu Ram, resident of House No.1763, Phase-I, Durgi, Ludhiana.

                                                                …..Complainant

                                        Versus

1. The State Bank of India (SBI Credit Cards Unit), Civil Lines, Fountain Chowk, Ludhiana, through its Senior Manager/Chief Manager/Authorized Representative.
2. The State Bank of India, SBI Credit Card Customer Care Department, DLF Infinity Towers, Tower-C, 10^th -12^th Floor, Block-C, Building-3, DLF Cyber City, Gurgaon, Haryana, through its Grievance Redressal Officer/Authorized representative.  

                                                                        ….Opposite Parties

Consumer Complaint under Section 12 of the Consumer Protection Act, 1986 (old)

QUORUM:

        Mr. S.K. Aggarwal, President

        Mrs. Ranvir kaur, Member

        Mr. Ramesh Kumar Gupta, Member

PRESENT:

        For the complainant :    None

        For the OPs               :     Anand Sabharwal

ORDER

 This complaint has been filed by the complainant against the opposite parties (herein referred to as “OPs”) with the averments that that the complainant is credit card holder bearing No.4377 4869 4923 7323, which was issued by the OP. The complainant had been regularly paying the bill/dues to the OP and now nothing is due against any purchase or usage of said credit card. OP is sending false and vague bills to the complainant since October 2016,whereas he has notused the said credit card during this said period. The bill raised by the OP is totally wrong and incorrect. Complainant approached the OP to waive off the said dues as he has never used credit card during the said period but the OP are adamant and threatening the complainant to pay the same. The complainant has also served a legal notice to the OP through his counsel on 10.3.2017 but the OP failed to reply the same. Lastly alleging deficiency in service and unfair trade practice on the part of the Ops with prayer for issuance of following directions to OPs:-

1. To withdraw/waive the alleged bills;
2. To pay Rs.50,000/- as compensation on account of                harassment, torture;
3. The cost of litigation.

2. Upon notice, the opposite parties No.1 & 2 have appeared and filed written reply taking preliminary objections to the effect that complainant a consumer of the Ops and there is no deficiency on the part of the answering Ops as the complainant has presented a distorted and incorrect version of the facts.On Merits, it is stated that complainant has made last two transactions dated 22.9.2016 of Rs.1520.69 and Rs.1519.68 with total amount as Rs. 3041/- was outstanding as per statement dated 23.9.2016 (Payment date) but the complainant did not make any payment to the OPs till date towards this outstanding amount.Due to non payment of the outstanding amount, charges are levied over the credit account, and as on date there is an outstanding balance of Rs.8581.09 still lying in the card account of the complainant. The complainant has disputed the above transactions as fraudulent but OPs have duly informed the complainant that the said transaction was not fraudulent transactions as alleged and the same were valid.However the complainant wants to create pressure upon the OPs to accept his illegal demands. The said transactions have been performed in secured manner as the same has been validated by the card CVV and dynamic one time password(OTP) over the internet/IVR. OTP was successfully delivered at the registered mobile number of the complainant and transaction cannot be done without confidential details of the card i.e. card expiry date, CVV. OPshave always advise their customers not to share their card details i.e. card expiry date, CVV etc to any third party. Additionally, as SBI Card has implemented Dynamic OTP as an additional factor of authentication for online/card not present transaction (CNP) provides enhanced level of security to all CNP transactions. The answering Ops have duly responded to the email sent by the complainant and informed the complainant that these are the valid transactions. The officials of OPs requested the complainant number of times to pay outstanding amount pending against his credit card but the complainant did not pay any heed to the genuine requests of the Ops and no receipt or any other document has been placed on file by the complainant to show that he has madethepayment.Denying any deficiency in service on the part of OPs a prayer for dismissal of the complaint has been made.
3. In support of his case, ld. counsel for the complainant has tendered in evidence affidavit of complainant  Sh. Vijay Asdhir asEx-CAalong with various documents Ex.C-1 to Ex-C3.
4. In rebuttal, ld. counsel for the OP1 has tendered in evidence affidavit of Sh. Punit Babar, Authorized person of SBI Credit Cards, SBICPCL,PO Bag No. 24, GPO, New Delhi, as Ex-RA,  along with various documents Ex.R1to Ex-R36.
5. We have heard the complainant in person as none appeared on behalf of OP Nos.1 and 2.We have also gone through the record of the case carefully.
6. Admittedly, the complainant is holder of credit card no. 4377 4869 4923 7323 issued by OPs. Complainant has alleged that Ops are sending false and vague bills to the complainant since October, 2016 but he has never used the said Credit card during the said period. Complainant has placed on record Account Summary statement, Ex-C3, showing card no. as                xxxx-xxxx-xxxx-8256 for the month of 23-09-2016,23-10-2016, 23-11-2016, showing outstanding amount as Rs. 3041/-, Rs.3861/-, Rs.4588/- respectively, against said credit card but has not placed any document on record by the complainant to show that complainant has made the payment. While on the other hand Ops have placed on record copy ofemail,Ex-RI,copies ofstatement of account, showing credit card no. as4377-xxxx-xxxx-8688 in the name of Vijay Asdhir complainant fromJuly, 2015 to June, 2018, Ex-R2 to Ex-R36. As per Ex-R36 there is outstanding amount of Rs. 8581/- against the said credit cardi.e. againstComplainant.
7. In the light of our aforesaid discussion, the complaint has failed to prove his complaint against the Ops.,
8. The instant complaint stood dismissed being devoid of any merit. No order to costs. Certified copy of this order be sent to the parties, as per rules. The instant complaint could not be disposed of within stipulated period for want of Quorum and due to heavy institution. Free certified copies of this order be sent to the parties, as per rules, file be indexed and concerned clerk is directed to consign the file and sent back the same to the District Commission, Ludhiana against the proper receipt.

Pronounced on : 21.12.2023.                             

                         (Ramesh Kumar Gupta)              (Ranvir Kaur)                   (S.K. Aggarwal)

                              Member                                Member                          President