In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.   340 / 2008.

1)                   Sri Mrinal Agarwal,

230A, A.J.C> Bose Road, Kolkata-700020.                                             ---------- Complainant

---Versus---

1)                   CITI  BANK,

766, Anna Salai, Chennai-600002.

2)                   CITI  BANK, N.A. Card Member Service,

Kanak Building, 44, Chowringee Road, Kolkata-700017.                          ---------- Opposite Parties

Present :           Sri Sankar Nath Das, President.

                        Smt. Jhumki Saha, Member.

Order No.   2 9    Dated  1 5 / 0 3 / 2 0 1 2 .

The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by the complainant Mrinal Agarwal against the o.ps. CITI Bank. The case of the complainant in short is that complainant was a holder of visa card obtained from o.p. bearing no.4550 3891 9335 3011. O.ps. had been sending exhaustive bills of Rs.18,209.59 and complainant pointed out the same to o.p. but no effective measures was taken by o.p. Complainant had to surrender the card on 15.1.04. Complainant asked from o.p. the detailment of the statement of account in respect of the above claim but no such statement was sent by o.p. Thereafter complainant wrote several letters but o.p. did not pay heed to that and on the contrary continued to send bills one after another. Hence the instant case.

          O.ps. had entered its appearance in this case by filing w/v and denied all the material allegations labeled against it and prayed for dismissal of the case.

Decision with reasons:-

          We have gone through the pleadings of the parties, evidence and documents in particular. We find that complainant had surrendered his visa card on 15.1.04. But from the annex-D filed by o.ps. i.e. statement for the period from 17.4.06 to 15.7.06 shows some amount is due to the credit of o.ps. from complainant. After surrender of visa card complainant asked for detailment statement of account but o.ps. did not do so and now in the Forum has filed a statement of account resulting in filing of the instant case by complainant. There is no statement filed by o.ps. showing the amount of Rs.18,209/- how it fell due to the credit of o.ps. and this position has not been cleared by o.ps.

          That being the position we find that o.ps. had sufficient deficiency on its part and complainant is entitled to relief as prayed for.

          Hence, ordered,

          That the petition of complaint is allowed on contest in part against the o.ps. O.ps. are directed to come to a settlement in respect of dues, if any, that the complainant paid 15.1.04, the day on which complainant surrendered his visa card without missing any interest and o.ps. are directed to reverse all other dues after 15.1.04. O.ps. are directed to let the complainant know the position as above and if any dues is found as on 15.1.04 the said sum was have to be intimated to the complainant and complainant shall repay the said sum in that event in five equal instalments and thereafter on completion of repayment of total dues, if any, o.ps. shall issue ‘no due certificate’ in favour of complainant. Parties to this case are directed to implemented all the above order within 45 days from the date of communication of this order. O.ps. are further directed to  pay compensation of Rs.5000/- (Rupees five thousand) only to the complainant for his harassment and mental agony and litigation cost of Rs.2000/- (Rupees two 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.

          Supply certified copy of this order to the parties.

   _____Sd-_____                                             ________Sd-_________

     MEMBER                                                           PRESIDENT