Credit Card Harassment
Kumar Doab
(Querist) 08 December 2010
This query is : Resolved
Dear Sir,
Kindly advice.
X was SBI customer and was approached for issue of SBI card at Delhi as life time free card.
In first bill joining charges and first year fee was charged. X protested and fee was reversed in subsequent bills.
X was not receiving original bills and required original bills due to AML guidelines and his company demanded that use of card for company purpose must be mentioned in reimbursements form and original bill can be asked for. X used to call SBI card helpline well in advance each month before due date to supply the original bill but the response was original bill has been sent and duplicate is being sent.
X asked the company to be reasonable and that their responsibility is not over till the bill is supplied to him and asked to supply the bill by registered post.
Later company started claiming original/duplicate bill has been sent by regd. Post/courier and even gave fake receipt/airway bill numbers on phone and declined to supply the copy of receipt/airway bill/POD. After this company helpline started stating bill was not sent by regd. Post/courier and was sent by ordinary post.
X protested and told he shall pay after the receipt of original bill only. Company started threatening calls. X changed his mobile number, but did not give it to company. X shifted from Delhi to another station twice and updated his address in company records.
Company was levying all kind of charges e.g GST,late payment charges, interest, finance charges etc.
Company sent photocopy of some bills but not all. X demanded either the photocopies be authenticated by seal and signature of competent person or original bills be supplied.
Company sent unsigned apology letters and some duplicate billsbut not all on original bill stationary. X visited SBI card officer sitting in State Bank of India and Manager of State Bank of India in charge of sale and service of cards, and represented to Area Sales Manager of SBI cards and SBI card helpline executive,Supervisors,senior managers.but they did not supply pending original bills and did not reverse charges.
Later they closed card and reported X as defaulter in CIBIL and are sending unsigned computer generated letter threatening legal action and stating X shall not be able to take loans .And there are threatening calls, although X has not given his new mobile number to company.
As per copy of card issue form X has not signed any clause that matter can be put up to arbitration court. However on the web site in terms and conditions has mentioned only arbitrator shall decide the matter his seat shall be Delhi only and his decision shall be final. Is it possible?
X lodged complaint as per LCI format of complaint " Credit card notice"
Kindly advice what should be the next step.
Devajyoti Barman
(Expert) 08 December 2010
Imediately file complaint under section 12 of the Consumer Protection Act before the Consumer Foum for defiiciency of service and for indulging in unfare trade practice. Pendency of any arbitration case would not debar you to pursue consumer case.
malipeddi jaggarao
(Expert) 09 December 2010
Important information is missing:
a) Whether x has used the credit card
b) whether x is regular in payment of credit card bills
c) what is the total utility of the card - Principal (actual billings) and interest - total outstanding dues
What is the difference for making payment of dues if the bill is original or duplicate.
Generally computer generated correspondence is not being signed nowadays and it is valid.
Though the Bank approached x for credit card business, it will condone non-payment of credit card bills.
Please give full facts if you require guidance
Kumar Doab
(Querist) 10 December 2010
Dear Sir,
Thanks a lot for your valuable advice.
Kindly advice:
Can X ask for call log data from company, call recordings,etc.
Which documents should be asked from the company.
X has complained to Chairman State Bank of India,DGM cum Nodal Officer of the bank,COO/MD of SBI cards,and has made ASM-SBI cards Past and current,Asstt. Manager-Cards State Bank of India,Executive -SBI cards in local branch of
State Bank of India, as parties in notice (in personal capacity) to State Bank of India and SBI cards by email.
X is submitting hard copy to local branch of State Bank of India for supply of his credit report(CIBIL) as per RBI rules to quote defamation.
While chairman and DGM has responded by forwarding complaint to Head-SBI cards asking for reply to X with a copy to them, SBI cards has not even acknowledged the receipt of notice.Rather they have started making phone calls at land line phone number /mobile number starting from 8.30am in the morning.X has not given his land line phone number /mobile number to the company, and X has categorically stated in writing in his notice also that company should not make phone calls and should reply in writing only . X has not attended to any phone calls.X has found that the phone numbers from which calls were made are not accessible hence fake.
X has demanded that company should arrange a meeting with the certified copies of the records at his location within 10 days.
Should X wait for reply from company or go ahead and file a case in consumer forum.
Should X file a police complaint and criminal case.Kindly advice the sections and provide some suitable and useful court decisions also.
Devajyoti Barman
(Expert) 13 December 2010
Criminal case would not stand. Pursue consumer case.
Kumar Doab
(Querist) 11 April 2011
Please accept sincere thanks for your valuable advice.
Kumar
