In the Court of the Consumer Disputes Redressal Forum, Unit -I, Kolkata, 8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087. CDF/Unit-I/Case No.67/2011 1) Soven sur, 38/9, Bose Para Lane, Kolkata-3. ---------- Complainant ---Versus--- 1) ABN AMRO Bank N.V. (now Royal Bank of Scotland N.V), Azimganj House, 7, Camac Street, Kolkata-17, P.S. Shakespeare Sarani. 2) Madan Menon, Managing Director, Head of Global Banking & Markets – India, ABN AMRO Bank, P.O. Box No.418, G.P.O. New Delhi – 110001. 3) The Manager, Credit Card Department, ABN AMRO Bank, P.O. Box No.418, G.P.O. New Delhi – 110001. ---------- Opposite Parties Present : Sri Sankar Nath Das, President. Dr. Subir Kumar Chaudhuri, Member. Order No. 20 Dated 28-03-2013. The case of the complainant in short is that on or about in the 2004 complainant upon hearing some special offers offered by o.p. no.1, became interested to subscribe and was issued with a credit card named as ‘Freedom Card’ bearing no.5415 3823 0130 9803. The said card was delivered to complainant’s address by o.ps. Complainants states and submits that the payments against the said card were made as per the terms and conditions of usage without any single default. On or about Sept. 2005 complainant had a discussion with the customer care department of o.ps. and thereafter complainant was requested to deposit a sum of Rs.15,000/- only against the statement dt.Aug.2005 as full and final payment and it was further assured to complainant that on receipt of the said payment o.ps. shall issue a ‘no due certificate’ to complainant. Thereafter complainant deposited the said amount of Rs.15,000/- on 18.9.05 to a representative of o.ps. and was issued with a cash receipt being no.26527 against such payment. However, even after such payment and multiple telephonic requests the o.ps. had not issued any letter confirming such cancellation of the card in favour of complainant due to which complainant wrote an e-mail dt.31.1.06 to o.p. no.3 stating that he had received a statement dt.22.11.05 showing a total amount of Rs.12.02 receivable from o.p. no.1 to him. Successive statements were then sent to complainant dt.22.12.05 and 22.1.06 with total dues payable to the tune of Rs.66.98 and Rs.531.68 respectively. Complainant states that complainant never opted for Safety Net Premium, as had been wrongly charged by o.ps. along with late fee and other charges and on or about 7.2.06 complainant received a letter from o.p. no.3 acknowledging his request for cancellation of the said credit. Between the years 2009 and 2010 complainant had approached various banks and financial institution several number of times and applied for personal loans repeatedly but he was continuously denied the said personal loans with the reason being ‘not clear from CIBIL’ which means that he was deemed to be unworthy of any such credit as a personal loan from any bank or any other financial institution. Hence the case was filed by the complainant with the prayer contained in the petition of complaint. O.p. nos.1 and 3 had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. O.p. no.2 did not contest the case by filing w/v and matter was heard ex parte against o.p. no.2. Ld. Lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed. Decision with reasons :- We have gone through the pleadings of the parties, evidence and documents in particular and we find that on or about in the 2004 complainant upon hearing some special offers offered by o.p. no.1, became interested to subscribe and was issued with a credit card named as ‘Freedom Card’ bearing no.5415 3823 0130 9803 and the payments against the said card were made as per the terms and conditions of usage without any single default. Further we find from the record that complainant was requested to deposit a sum of Rs.15,000/- only against the statement dt.Aug.2005 as full and final payment and it was further assured to complainant that on receipt of the said payment o.ps. shall issue a ‘no due certificate’ to complainant. Thereafter complainant deposited the said amount of Rs.15,000/- on 18.9.05 to o.ps. It transpires from the record that complainant never opted for Safety Net Premium, as had been wrongly charged by o.ps. along with late fee and other charges and on or about 7.2.06 complainant received a letter from o.p. no.3 acknowledging his request for cancellation of the said credit. It is seen from the record that Between the years 2009 and 2010 complainant had approached various banks and financial institution several number of times and applied for personal loans repeatedly but he was continuously denied the said personal loans with the reason being ‘not clear from CIBIL’ which means that he was deemed to be unworthy of any such credit as a personal loan from any bank or any other financial institution. In view of the above findings and on perusal of the entire materials on record we hold that o.ps. had deficiency in service being service provider to its consumer / complainant and complainant is entitled to relief. Hence, ordered, That the case is allowed on contest with cost against o.p. nos.1 and 3 and ex parte with cost against o.p. no.2. O.ps. are jointly and/or severally directed to pay to the complainant compensation of Rs.50,000/- (Rupees fifty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization. Complainant is at liberty to file execution case before this Forum in case of non-execution of the aforesaid order in its entirety within the stipulated period under the provision of COPRA, 1986. Supply certified copy of this order to the parties free of cost. | 
