CONSUMER DISPUTES REDRESSAL FORUM-II
GOVERNMENT OF NCT OF DELHI
Udyog Sadan, C-22 & 23 Institutional Area,
Behind Qutab Hotel, New Delhi-110 016
Case No. 310/ 2008
Mr.Joginder Singh Swahney
R/o D-II,2457, Vasant Kunj
New Delhi ……….Complainant
Versus
State Bank of India Cards & Payment Services Pvt. Ltd.
11, Parliament Street,
New Delhi ……….Opposite Party
Date of Institution: 16.05.2008
Date of Order: 31.12.2009
S.C Kaushik, Member
O R D E R
This is a complaint under section 12 of the Consumer Protection Act, 1986.
The complainant is the holder of a credit card No. 4317575709497037 as issued in the name of the complainant by opposite party after completing the necessary formalities. It is alleged by the complainant that he had issued a cheque bearing No.255708 dated 28.12.2008 for Rs.1,500/- to the respondent company. However,
said cheque was returned dishonoured by the banker of the complainant despite of sufficient fund maintained by the complainant and the opposite party has levied Rs.337.08/-as payment dishonour fee from the complainant. There after the complainant has contacted opposite party several times for correction through S.B.I customer care representatives of opposite party and also served letter dated 24.01.2008 as well as dated 28.01.2008. The complainant has also issued a legal notice dated 28.03.2008 upon opposite party, asking opposite party to revert the baseless and illegal charge of Rs.337.08/- towards payment dishonour fee and also claimed Rs.20,000/- towards mental harassment but of no avail. Hence, this complaint.
The opposite party in its reply denied all changes levelled by the complainant in the said complaint and stated that the said cheque was returned dishonoured by the banker of the complainant with reason “Insufficient Funds” and the dishonour fee was charged upon the card account of complainant is levied in accordance with agreed terms and condition. The present complaint is totally vexations which is liable to dismiss. The complainant has filed rejoinder and affidavit of evidence stating deficiency of service committed by the opposite party. The opposite party has also filed affidavit of evidence repudiating the claims of the complaint. We have also gone through the record and heard the complaint as well as the counsel for opposite party. The negligent act of opposite party is clearly reflected in the monthly statement dated 08th june 2008 Annexure c-3 with the complaint as much as on 28.12.2007 it has been shown payment received cheque No. 255708 for Rs.15,00/- and on 31.12.2007 the same cheque was shown as unpaid due to insufficient funds. The opposite party is under duty to prepare monthly statement correctly which does not harm the customer. However, the opposite party is negligent and deficient in rendering the service to the complainant and the dishonoured fee charged by the opposite is not justified under the facts and circumstances of the case. We therefore, direct the opposite party to refund an amount of Rs.337.08/- levied by the opposite party towards “Payment dishonour” fee in bill dated 08.01.2008. We further direct opposite party to pay to the complainant an amount of Rs.5,000/-(Five Thousand Only) towards cost and compensation. The opposite party shall comply the above order with in 30 days of the receipt of the copy of this order.
Copy of this order be sent to both the parties as per rule.
File be consigned to record room.
(S.C. KAUSHIK) (V.K. GUPTA)
MEMBER PRESIDENT
Tags: State Bank of India