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C.Jayachandran Vs. M/S Sbi Cards and Payments Services Pvt.Ltd. and Another

C.Jayachandran vs M/S Sbi Cards and Payments Services Pvt.Ltd. and Another

Type Court Judgment Court Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram Decided May 11, 2011
~2 min read
https://sooperkanoon.com/case/1109521

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Citation
Court
Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Judge
Decided On
Case Number
Revision Petition No. RP/10/42 (Arisen out of Order Dated 30/07/2010 in Case No. CC/07/242 of District Thiruvananthapuram)
Subject
Consumer

Case Summary

AI-generated summary - not the official court judgment text.

Consumer

Key legal issue
Consumer

Parties & Advocates

Appellant / Petitioner

C.Jayachandran

Respondent

M/S Sbi Cards and Payments Services Pvt.Ltd. and Another

Excerpt

justice sri.k.r.udayabhanu :president revision petitioner is the complainant in cc.242/07 in the file of cdrf, thiruvananthapuram. the respondents are ex-parte before this commission. 2. the matter is with respect to the payment due as per the credit card facility provided by the respondent. the forum has directed the complainant to pay rs.40250/- to the opposite parties and the opposite parties are under direction to close entire transaction on receipt of the above payment and the time limit prescribed is one month failing which opposite parties would be entitled to collect the agreed rate interest from the complainant. the forum has also ordered the opposite parties to pay rs.10000/- as compensation and rs.2000/- as cost to the complainant. 3. revision petitioner has sought for adjusting the amount of compensation and cost towards the amount due to the opposite parties. it is submitted that it would be difficult for the complainant to raise that much of amount to pay to the opposite parties. the complainant has also sought for setting aside the direction to pay interest at the rate allegedly agreed. in the result the revision petition is allowed in the following terms. the complainant would be liable to remit rs.28250/- ie, less the amount of compensation and costs. the opposite parties will not be entitled to collect any interest on the above amount. the complainant is permitted to remit the above amount in 6 equal monthly instalments. revision petition is allowed accordingly. office will forward the lcr to the forum alongwith the copy of this order.

Full Judgment

JUSTICE SRI.K.R.UDAYABHANU :PRESIDENT

Revision petitioner is the complainant in CC.242/07 in the file of CDRF, Thiruvananthapuram. The respondents are ex-parte before this Commission.

2. The matter is with respect to the payment due as per the credit card facility provided by the respondent. The Forum has directed the complainant to pay Rs.40250/- to the opposite parties and the opposite parties are under direction to close entire transaction on receipt of the above payment and the time limit prescribed is one month failing which opposite parties would be entitled to collect the agreed rate interest from the complainant. The Forum has also ordered the opposite parties to pay Rs.10000/- as compensation and Rs.2000/- as cost to the complainant.

3. Revision petitioner has sought for adjusting the amount of compensation and cost towards the amount due to the opposite parties. It is submitted that it would be difficult for the complainant to raise that much of amount to pay to the opposite parties. The complainant has also sought for setting aside the direction to pay interest at the rate allegedly agreed.

In the result the revision petition is allowed in the following terms. The complainant would be liable to remit Rs.28250/- ie, less the amount of compensation and costs. The opposite parties will not be entitled to collect any interest on the above amount. The complainant is permitted to remit the above amount in 6 equal monthly instalments. Revision petition is allowed accordingly.

Office will forward the LCR to the Forum alongwith the copy of this order.

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