Tripura

West Tripura

CC/82/2022

Sri Pulakesh Debbarma. - Complainant(s)

Versus

The Branch Manager, S.B.I. - Opp.Party(s)

Self

11 May 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
WEST TRIPURA :  AGARTALA
 
CASE   NO:   CC- 82  of  2022
 
Sri Pulakesh Debbarma,
S/O- Lt. Pulin Ch. Debbarma,
Melarmath, P.O. Agartala,
P.S. West Agartala,
District- West Tripura,
Pin- 799001.       ................Complainant.
 
 
-VERSUS-
 
1.  The Branch Manager,
S.B.I., Gandhigram Branch, 
P.O.- Gandhigram, P.S. - Airport,
District- West Tripura- 799012.
 
2.  The Unit Manager,
S.B.I. Cards & Payment Service Ltd.,
Pillar No. 20, A. D. Nagar,
Bardowli, Agartala, 
West Tripura- 799003. ............Opposite Parties.
 
    __________PRESENT__________
 
 SRI GOUTAM DEBNATH
PRESIDENT,
  DISTRICT CONSUMER  
DISPUTES REDRESSAL COMMISSION,
      WEST TRIPURA, AGARTALA. 
 
DR (SMT) BINDU PAL
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL COMMISSION, 
  WEST TRIPURA, AGARTALA.
 
SRI SAMIR GUPTA
MEMBER,
  DISTRICT CONSUMER  DISPUTES  
REDRESSAL COMMISSION,
WEST TRIPURA,  AGARTALA. 
 
 
C O U N S E L
 
 
For the Complainant : In person.
  
For the O.P. No.1 : Sri Amritlal Saha,
   Sri Soham Paul,
   Sri Shuvam Ghosh,
   Sri Kajal Nandi,
   Sri Aveek Saha,    
   Learned Advocates.
 
For the O.P. No.2 : Sri M. K. Arya,
   Learned Advocate.
 
 
 
 
ORDER  DELIVERED  ON:   11.05.2023.
 
F I N A L    O R D E R
1. This complaint has been lodged by the complainant alleging inter alia that the O.P. No.1 issued a credit card in his name but he lost.  After that he went to Kolkata for health check up. As such could not informed the O.P. No.1. After that he verbally informed the  O.P. No.1 but O.P. No.1 instead of blocking the card continuously debited some money from his account.
1.1 Hence, this case claiming compensation.
 
2. The O.P. in their written objection in para no.1 to 9 of page no. 2, 3 & 4 pleaded that the complainant was made fully aware of the product construct and terms and the policies of the usage of the said credit card and also the authorization was also obtained with free consent from the complainant.
2.1 After handing over the credit card to the complainant the said credit card was debited by the following minimum amount in the consecutive years as the annual fees chargeable to all the credit card holders. The reference for the same is as under:-
Effective date Description Amount Dr/Cr
25-Sep.-19 ANNUAL FEE CHARGED(EXCL TAX 89.82) 499 D
25-Sep.-20 ANNUAL FEE CHARGEDE(EXCL TAX 89.82) 499 D
25.Sep.-21 ANNUAL FEE CHARGED(EXCL TAX 89.82 499 D
 
2.2 Payment was not done on the due date by the card holder as a result incremental charges was levied upon the complainant.
2.3 No amount was received from the complainant and hence the auto debit was initiated on this behalf but was found of no use due to insufficient funds of the complainant account. Auto debit reference is given as under:-
EFFECTIVE DATE Description amount Dr/Cr Fee type Int Status
15-Oct,20 Direct Debit Payment(ACH) 588.82 C PAYMENT FEE D
15-Oct,20 Auto Debit Reversal  with Fee 588.82 D PAYMENT FEE D
14-Nov,20 Direct Debit payment(ACH) 1393.88 C PAYMENT FEE D
14-Nov,20 Auto Debit Reversal with fee 1393.88 D PAYMENT FEE D
15-Dec,20 Direct Debit Payment(ACH) 2575.66 C PAYMENT FEE D
15-Dec,20 Insufficient fund 2575.66 D PAYMENT FEE D
14-Jan,21 Direct Debit Payment(ACH) 3733.67 C PAYMENT FEE D
14-Jan,21 Insufficient Funds 3733.67 D PAYMENT FEE D
14-Feb,21 Direct Debit Payment(ACH) 4935.43 C PAYMENT FEE D
14-Feb,21 Insufficient Funds 4935.43 D PAYMENT FEE D
17-March,21 Direct Debit Payment(ACH) 6128.03 C
17-March,21 Insufficient funds 6128.03 D PAYMENT FEE D
14-Jun,21 Direct Debit Payment(ACH) 8820.5 C PAYMENT FEE D
14-Jun,21 Insufficient funds 8820.5 D PAYMENT FEE D
15-Jul,21 Direct Debit Payment(ACH) 10342.88 C PAYMENT FEE D
15-Jul,21 Insufficient funds 10342.88 D PAYMENT FEE D
15-Oct,21 Direct Debit Payment(ACH) 14097.52 C PAYMENT FEE D
15-Oct,21 Insufficient funds 14097.52 D PAYMENT FEE D
15-Dec,21 Direct Debit Payment(ACH) 16183.89 C PAYMENT FEE D
15-Dec,21 Insufficient funds 16183.89 D PAYMENT FEE D
14-Jan,22 Direct Debit Payment(ACH) 17538.37 C PAYMENT FEE D
14-Jan,22 Insufficient funds 17538.37 D PAYMENT FEE D
 
2.4 It is also submitted by the O.Ps that in case  of non payments of the outstanding of the card or the amount received is less than the actual amount to be received then interest charges are applied on the balance amount at the rate of 3.35% along with service tax. 
2.5 SSP(Salary Sweep programme) was activated after obtaining the authorization/ authentication letter from the complainant. The SSP Payment states that in absence of the outstanding payment on the SBI card account for more than 3 days from the payment due date customer himself authorizes the SBI Credit Card to debit the minimum account from their bank account.
2.6 The O.P has reversed the full outstanding amount of Rs.26188.34 in the account of the complainant. Hence, the O.Ps prayed for dismissal of the complaint. 
 
3. Hearing argument we find no merit in the case of the complainant as bank acted as per the norms of the bank. In fact the complainant had no reason to file this case. However, we do not impose any cost on the complainant.
4. The case stands disposed of as dismissed.
5. Supply copy of this final order to both the parties.   
Announced.
 
 
 
 
SRI  GOUTAM DEBNATH
PRESIDENT,
DISTRICT CONSUMER  DISPUTES 
REDRESSAL COMMISSION,
WEST TRIPURA,  AGARTALA
 
 
 
 
 
DR (SMT)  BINDU  PAL
MEMBER, 
DISTRICT CONSUMER DISPUTES 
REDRESSAL COMMISSION, 
WEST TRIPURA, AGARTALA
 
 
 
SRI SAMIR  GUPTA
MEMBER,
 DISTRICT CONSUMER DISPUTES  
REDRESSAL COMMISSION,
WEST TRIPURA, AGARTALA.
 
 

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