IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Thursday the 30th day of March, 2017
Filed on 05.06.2013
Present
1. Smt. Elizabeth George, President
- Sri. Antony Xavier, Member
- Smt. Jasmine.D. (Member)
in
C.C.No.177/2013
between
Complainant:- Opposite Parties:-
Smt. Santhakumari. J. 1. The Manager, S.B.I. Cards &
Nayana, Zilla Court Ward Payment Service, P.O. Box No.
Alappuzha 28, G.P.O., New Delhi
(By Adv. Vinod Varghese) (By Adv. C. Parameswaran)
2. SBI Cards, Tower – C
DLF Infinity Towers, Block – 2 Building – 3, DLF Cyber City
Gurgaon, Haryana – 122 002
3. State Bank Contact Centre
Post Box No. 825
Bangalore – 560 008
Karnataka
O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)
The case of the complainant is as follows:-
Complainant has taken a credit card from the opposite party. Complainant used the credit card only for one instance in a petrol pump and the total amount due is less than Rs.750/-. Thereafter, the opposite party compelled the complainant to deposit huge amount with the opposite party and complainant deposited more than Rs.6,500/- in various times. In spite of the repeated requests opposite party did not supply the details of outstanding payment. The opposite party demanding huge amount and that caused much mental agony to the complainant. She had given a request for the cancellation of the credit card. On 4.1.2008 opposite party’s representative collected Rs.5,000/- for full and final settlement of the credit card account and she requested to cancel the credit card. After that they have collected much amount from the complainant. On 7.5.2013 opposite party given a letter to the complainant showing that the total outstanding due is Rs.55,163.29 and they are allowing installments and the first installment will pay before 15.5.2013. Opposite party has no right to collect this amount from the complainant. Alleging deficiency in service on the part of the opposite parties, the complaint is filed.
2. The version of the 1st opposite party is as follows:-
The card was issued to the complainant on the duly signed application. There was no compulsion from the opposite party to avail the said card. Complainant used the card on the various occasions and the same is communicated to the complainant through the statement of account on monthly basis. Complainant had made payment on various dates against the purchase made by her. No request for the cancellation of the credit card is received by the opposite party. The payment of Rs.5,000/- is received by the opposite party on 11.4.2008 and the settlement offer was given to the complainant on 7.5.2013 was not honoured by the complainant. The complainant has concealed material facts and not entitled for any relief claimed in the complaint.
3. The complainant was examined as PW1. The documents produced were marked as Exts.A1 and A2. No oral evidence produced by the opposite party and one document produced marked as Ext.B1.
4. Considering the allegations of the parties, this Forum has raised the following issues:-
1)Whether there is any deficiency in service on the part of the opposite parties?
2) If so the reliefs and costs?
5. It is an admitted fact that complainant availed a credit card from the opposite party on 30.04.2012. According to the complainant she used the card only for one instance and the total amount due is less than Rs.750/-. She further stated that the opposite party is compelling the complainant to deposit huge amount and she had given a request about the cancellation of the credit card. According to the opposite party the complainant used the card under various occasions and the same is communicated to the complainant through statement of account on monthly basis. Moreover a settlement offer was given to the complainant on 7.5.2013, but it was not honoured by the complainant. The opposite party produced the SBI card monthly statement of the complainant. On verifying the said statement, we came to see that the complainant had made so many transactions by using the credit card No. 4317575026527227 and also she had taken amount from SBI ATM by using the card from account No. 4317575021781241. Apart from that Ext.A2 shows that as per the request of the complainant, the opposite party agreed to a full and final settlement of the due against the complainant’s credit card account. The letter issued dated 7.5.2013 by the opposite party to the complainant is the demand letter for the first installment of Rs.8,000/- towards the settlement amount of Rs.55,163.29. According to the complainant she had requested for cancelling credit card by remitting Rs.5,000/- towards full and final settlement. But complainant failed to prove they said allegation by producing any evidence regarding the same. Ext.A1 is only a receipt for Rs.5,000/-. There is no document to prove that it was issued towards full and final settlement. In the absence of any evidence to prove the allegations of the complainant, we cannot come to the conclusion that there was deficiency in service on the part of the opposite party in demanding the amount of Rs.55,163.29.
In the result, complaint is dismissed.
Dictated to the Confidential Assistant transcribed by her corrected and pronounced in open Forum on this the 30th day of March, 2017.
Sd/-Smt.Elizabeth George (President) :
Sd/-Sri.Antony Xavier (Member) :
Sd/-Smt. Jasmine. D. (Member) :
Appendix:-
Evidence of the complainant:-
PW1 - J. Santhakumari (Witness)
Ext. A1 - Receipt for Rs.5,000/-
Ext.A2 - Letter dated 7.5.2013 from the opposite party to the complainant
Evidence of the opposite parties:-
Ext.B1 - SBI Card monthly statement
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
