Before the District Consumer Disputes Redressal Commission, Rohtak.

                                                          Complaint No. :  149

                                                          Instituted on     :09.03.2024.

                                                          Decided on      :  14.10.2024

Kuldeep(aged 34 Years) S/o Sh. VedParkash, R/o H.No. 74/13, Kirpal Nagar, Rohtak-124001.

                                                          ………..Complainant.

                             Vs.

Axis Bank Limited, Axis House, C-2, Wadia International Centre, PandurangBudhkar Marg, Worli, Mumbai – 400025.

                                                          ……….Opposite party.

          COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT,2019.

BEFORE:  SH. NAGENDER SINGH, PRESIDENT.

                   DR. TRIPTI PANNU, MEMBER.

Present:       Complainant in person.

                   Opposite party already exparte.

ORDER

SH. NAGENDER SINGH KADIAN,PRESIDENT :

1.              Brief facts of the case as per the complainant are that he is using “Airtel Axis Credit Card” number – 5394940000683508 issued by Axis Bank and is making all payments on or before the payment due dates. Credit card statement was generated on 25.10.2023 and total payment due was Rs.55,469/- on due date 14.11.2023. The complainant has made the payment on 06.11.2023 in three parts i.e. Rs.14,150, Rs.40,000/- and Rs.1320/- before the due date. The bank could not capture the payment as the payment was done by third party app. However the payment was shown as credit in the statement. Bank levied late payment feeon the card which was reversed back after conversation with bank. The bank reported the late payment status to CIBIL Bureau, due to which the credit score of the complainant was dropped from 775 to 717 i.e. 58 points. Due to this complainant is not in position to get new credit cards and any loan amount. Complainant has also approached to the bank telephonically several times to rectify the same but all in vain. Hence this complaint and it has been  prayedby the complainant that opposite party may kindly be directed to correct the CIBIL score at the earliest,to pay litigation cost of Rs.2000/-, Rs.5,00,000/- as compensation on account of deficiency in services and Rs.7500/- as loss suffered by the complainant for each hearing day.

2.                 After registration of complaint, notice was issued to the opposite party through regd. post on dated 05.04.2024. Notice issued to opposite party through regd. post not received back either served or unserved. As such after expiry of statutory period of 30 days and on perusal of tracking report, opposite party was proceeded against exparte vide order dated 14.05.2024 of this Commission.

3.                 Complainant has tendered affidavit Ex.CW1/A, documents Ex.C-1 to Ex.C-6 and closed his evidence on dated 02.07.2024.

4.                 We have heard the complainant and have gone through material aspects of the case very carefully.

5.                 Perusal of the record reveals that the complainant is using Airtel Axis Bank Credit Card and as per exhibits Ex.C-2 to Ex. C-3Bank has charged late payment fee of Rs.1200.00 and GST of Rs.216.00 on dated 17.11.2024. After great persuasionand repeated phone calls made by the complainant, the entry was reversed and the amount was credited to the account of complainant on 30.11.2024. But due to this act of opposite party, the CIBIL Score of the complainant was effected. As per the payment history recorded on Ex.C4 by the opposite party, the complainant has made On time payments from May 2023 to October 2023 but in November 2023 the opposite party has shown late payment whereas the complainant had made the payment on time which is already proved from the credit card statement Ex.C3, in which the late payment fee and GST has been reversed. But during that period the credit score of the complainant was dropped from 775 to 717 i.e. 58 points as shown in credit score summary Ex.C4, due to which he could not apply for new credit card due to bad CIBIL score.  Complainant made several calls to the customer care number of opposite party to correct his score with the CIBIL but no action was taken by the opposite party. To prove this fact complainant has placed on record the call details Ex.C5 to Ex.C6 which shows that complainant had made long conversation on several dates from 25.11.2023 to January 2024 but his score could not be updated by the opposite party. On the other hand, opposite party has not bothered to appear before this Commission for the rebuttal against the pleadings of the complainant placed on the file and remained exparte in the present case. As such all the allegations leveled against the opposite party regarding deficiency in the services stands proved and opposite party is liable to compensate the complainant.

6.                 In view of the facts and circumstances of the case, we hereby allow the complaint and direct the opposite party to give correct information to the CIBIL and toget the CIBIL score of the complainant corrected, to pay the lumpsum amount of Rs.10,000/- for deficiency in the services and as well as litigation expenses to the complainant. Order shall be complied within one month from the date of decision, failing which opposite party shall be liable to pay Rs.50/- per day to the complainant from the date of decision till its realisation to the complainant.

7.       Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.

Announced in open court:                

14.10.2024          

                                                          ……………………………….

                                                          NagenderKadian, President.

                                                          .......................................

                                                          TriptiPannu, Member.