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2021 Supreme(Ori) 410

D.P.CHOUDHURY
Manager, Sbi Cards & Payments Services Pvt. Ltd. , – Appellant
Versus
Ajoy Kishore Mohanty – Respondent


Advocates Appeared:
M/s. R.K. Nanda & Assoc., Advocate, for the Appellant; M/s. N.B. Dash & Assoc., Advocate, for the Respondent.

ORDER

1. Heard learned counsel for both sides in FA No. 4 of 2017 and FA No. 583 of 2016 on VC.

2. Both the appeals arise out of common impugned order passed by the learned District Forum, Cuttack in CC No. 139 of 2014. Therefore, both the appeals are heard together. This common order shall govern the result of both the appeals.

3. These appeals are filed u/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the 'Act'). Parties to these appeals shall be referred to with reference to their respective status before the learned District Forum. C.D.Appeal No. 04 of 2017 has been filed by OP Nos.2 to 5 whereas C.D.Appeal No. 583 of 2016 has been filed by the complainant.

4. The factual matrix leading to the case of the complainant is that complainant was issued a SBI Credit card by OP Nos. 2 to 5 during the year 2007. Complainant alleged inter alia that he has used it for two years and paid all the amount as per the bills asked by OP Nos. 2 to 5. Since the inflated bills came, the complainant asked to stop transaction and intended to surrender the credit card. Then on 26.5.2007 complainant got a letter from the OPs to pay Rs.60,000/- as one time settlement towards dues o

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