STATE BANK OF INDIA Vs. VISHNU PRASAD

JUDGEMENT

(1.) This revision petition has been filed under Section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 26.05.2008, passed by the Karnataka State Consumer Disputes Redressal Commission (for short 'the State Commission') in First Appeal No. 940 of 2008, "State Bank of India Vs. Vishnu Prasad & Ors.", vide which, while dismissing appeal, the order passed by the District Consumer Disputes Redressal Forum, Udupi on 04.4.2008, allowing the consumer complaint No. 81 of 2007, was upheld.

(2.) The facts of this case are that the complainant / Respondent No.1 filed consumer complaint No. 81 of 2007 under Section 12 of the Consumer Protection, 1986 before the District Forum Udupi, stating that he was the holder of a SBI Card bearing No. 5264685315331882, issued by the State Bank of India. He received a letter on 24.02.2007 from opposite party No.3, Royal Sundaram Alliance Insurance Co. Ltd., stating that the complainant had given his telephonic consent for being enrolled in 'Medisafe Insurance Policy' with premium at Rs.4,331/-. According to the complainant, he never gave any consent for availing the said policy, neither he gave any application for insurance coverage. The petitioner/OP-2 debited various sums from time to time for the said insurance. The complainant took up the matter with the opposite parties, requesting them to return the amounts so deducted and also pay him compensation for mental harassment on this score. The complainant sought the following reliefs through this complaint:

(3.) In their reply before the District Forum, the petitioner State Bank of India/OP-2 submitted that the credit card in question was issued by OP-1/Respondent No.2, which is a separate company, called "SBI Cards & Payment Services Private Ltd.". As such, there was no privity of contract between the complainant and the opposite party No.2. There was no deficiency in service on the part of opposite party No.2.