In the Court of the Consumer Disputes Redressal Forum, Unit -I, Kolkata, 8B, Nelie Sengupta Sarani, Kolkata-700087. CDF/Unit-I/Case No. 274 / 2009 1) Sri Bhaskar Sanyal and 2) Smt. Sucheta Sanyal Both of R-37, Teghoria Main Road, Kolkata-700059. ---------- Complainant ---Verses--- 1) The Manager, S.B.I. Credit Card, 234/3A, A.J.C. Bose Road, Kolkata-20. ---------- Opposite Party Present : Sri S. K. Majumdar, President. Sri T.K. Bhattacharya, Member Order No. 7 Dated 2 5 / 0 1 / 2 0 1 0 . Complainants Bhaskar Sanyal & his wife Sucheta Sanyal by filing a Petition of Complaint on 22.07.2009 have prayed for issuing directions upon the O.P.s Manager, SBI Credit Cards to produce the detailed statements justifying their claims and to pay compensation of Rs. 10,000.00 and Litigation Cost of Rs. 2,000.00. Petitioner No. 1 purchased a Credit Card being No. 4317-5752-0989-7405 for Card value of Rs. 36,000.00 and the Petitioner No. 2 also thereafter purchased another Card being No. 4317-5752-0920-0766 of Rs. 36,000.00. Both the Cards were issued by the O.P. In August, 2008. O.P. sent statement for the month of July claiming Rs. 35,013.37P most illegally. Yet the said amount was paid to the O.P. on 28.08.2008. The Petitioner further requested the O.P. in the month of September, 2008 to issue monthly statements from January to May and August and September, 2008 and in the last week of September, 2008 the Petitioners received a bill of Rs. 4,685.57P without any basis. The Petitioners paid Rs. 2,000.00 in the month of September, 2008 and the Petitioners credited an amount of Rs. 5,888.47P in the month of September, 2008 as shown in the bill dated 05.10.2008. Further in the month of October, 2008 the Petitioner received a bill of Rs. 9,930.41P without any basis. From their credited amount of Rs. 5,888.47P the Petitioner debited Rs. 2,000.00, so the balance due should be in September, 2008 Rs.8,574.04P whereas in the bill of October, 2008 the total due is shown as Rs. 9,930.41P. The Petitioner did not receive any bill from November, 2008. The Petitioners from October, 2008 till June, 2008 credited Rs. 4,358.00P. In this way the O.P. has been sending statements claiming total dues of Rs. 14,288.41P instead of Rs. 12,932.04P. Bank statements, even in spite of repeated requests by the Petitioners, were never sent to the Petitioners. The different employees of the O.P. over telephone in rough approach have been asking the Petitioners to make payments for more than Rs. 13,000.00 although the Petitioners have requested them to send the monthly statements from January, 2008 to May, 2008 and November, 2008 to June, 2009. The Petitioners received a telephonic call from the office of the O.P. on 13.07.09 demanding to pay Rs. 14,826.00 immediately, otherwise they will send their collection agents/musclemen to recover the amount of money. Out of fear the Petitioners paid Rs. 2,000.00 on 13.07.2009. The demand of the O.P. is highly illegal and baseless. So the Petitioner has filed this case with the aforesaid prayer. Decision with reasons:- It appears on perusal of record that the O.P. received a notice and initially 20.10.2009 was fixed for filing WV, but as the O.P. remained absent without any step the date of ex parte hearing was fixed on 20.10.2009 . It appears from Annexure-A wherein the Petitioner has informed the Manager, Customer Service, SBI Cards that from January, 2008 he did not receive any monthly statements. It appears from Annexure-B that the O.P. illegally claimed Rs. 35,103.37P and it appears from Annexure-C that the Petitioner Bhaskar Sanyal paid the said amount of money to the O.P. on 28.08.2008. The Petitioner also requested by sending a letter, Annexure-D dated 09.09.2008 to send the monthly statement of August, 2008 and September, 2008 within 7 days of receipt of his letter. The Petitioner received a bill of Rs. 4,686.97P vide Annexure-E. The Petitioner paid Rs. 2,000.00 vide Annexure-F and also credited an amount of Rs. 5,888.47P (in the way by making payment of Rs. 1,500.00 + Rs. 1,000.00 + Rs.500.00 + Rs. 2,888.47P = Rs. 5,999.47P), but the O.P. claimed Rs. 9,930.41P as available from Annexure-G. From October to June the Petitioner also paid Rs. 9,000.00 vide Annexure-H collectively. He again reiterated his demand for sending regular bill from January, 2008 to May, 2008 which is available from his letter dated 13.04.2009 Annexure-I. The Petitioner out of threat, according to him, further paid Rs. 2,000.00 vide Annexure-J. We have also perused the Evidence on Affidavit of the Petitioner wherein he has stated all about his payments on different dates and he has also mentioned the illegal demand of money by the O.P. and he has also mentioned therein that even in spite of his repeated demand the O.P. did not send him monthly statements regularly. Therefore, considering the facts & circumstances, evidence on record, both oral and documentary there is nothing to disbelieve the unchallenged testimony of the Petitioners. And accordingly, we hold that the Petition of Complaint should be allowed on merit. And we further hold that the O.P. has committed Unfair Trade Practice by charging excessive and illegal amount of bills. Hence, ordered that the Petition of Complaint is allowed ex parte with cost against the O.P. And the O.P. is directed to send regularly bills from November, 2008 to June, 2009 positively within 45 days from the date of receipt of the Order. The O.P. is also directed to give compensation of Rs. 5,000.00 to the Petitioner positively within 45 days from the date of receipt of this Order failing which it will carry interest @ 10% per annum till full realization. Fees paid are correct. Supply Certified Copy of this Order to the Complainant on payment of prescribed fees. ____Sd-_____ _____Sd-_____ MEMBER PRESIDENT |
