MANAGER LEGAL Vs. MOHD ABDUL ALEEM

JUDGEMENT

(1.) The un-successful opposite party in CC. 211/2008 on the file of the District Forum III, Hyderabad has preferred this appeal questioning the direction for payment of Rs.20,000/- as compensation for the alleged mental agony besides costs of Rs.2,000/- and also with further direction to cancel SBI Card Account No. 0004317575513089913. The impugned order is assailed as erroneous and that the appellant had no opportunity to put forth its defence before the District Forum.

(2.) The facts as set out in the complaint are that the complainant used to receive telephonic calls from the respondent bank and that the staff of the opposite party had approached him explaining about the advantages of the SBI Credit Card but he refused to receive the same and that he neither received the credit card nor it was delivered to him. Without giving consent, the complainant was said to have issued Credit Card bearing No. 0004317513 08991 which was in fact not at all received by him. While so, the complainant used to receive statement that as per the Insurance scheme, i.e., Super Suraksha Insurance Policy, he is entitled the insurance on credit card for self and his wife. He informed the bank that he has no need to have the benefit of the said insurance policy and in this regard he addressed letters on 08.08.2007, 23.08.2007, 28.08.2007 and also requested the Managers of the SBI Life Insurance Company Limited, Mumbai and Delhi to cancel the policy and send reply. The complainant had sent through its toll-free-call centre for which no reply was sent which amounts to unfair trade practice on the part of the bank. Thereafter, the respondent stopped issuing monthly statement commencing from September, 2007 to December, 2007. The Statements were issued from January, 2008 onwards, the complainant enquired with the banks head office located at Chennai. After making several efforts, the complainant visited local office of the bank but there was no proper response. The complainant approached Alternative Consumer Disputes Redressal Cell, Somajiguda, Hyderabad, o 13.10.2007 for settling the issue. The cell has issued five notices since from 23.10.2007 but the respondent bank never turned up. So the complainant was advised to approach the District Forum. Since the opposite parties have adopted unfair trade practice and the bank had flouted the RBI guidelines they are liable to compensate for causing mental agony to a tune of Rs.50,000/- and to cancel he credit card and the connected insurance policy.

(3.) The District Forum had set the opposite parties exparte on 08.05.2008 and proceeded with the case.