Order No. 28 dt. 22/09/2016
The case of the complainant in brief is that the complainant had the credit card facility from the o.p. being the card no.4385879036430027 in the year 2002 whereby the o.p. had a credit limit of Rs.1,41,000/- for the convenience of the complainant to pay the monthly charges with a system for deduction of the same through the credit limit. The complainant usually after availing of the credit facility liquidate all the dues and principal amount of the credit limit which was acknowledged by o.p. The complainant requested the o.p. and in spite of having no due certificate from o.p. while the complainant applied to HDFC the complainant was informed that the loan cannot be disbursed as the complainant had the current balance overdue of Rs.6,11,324/-.
After coming to know of the said fact the complainant lodged his protest to o.p. requesting the o.p. to rectify the name of the complainant from the CIBIL list by removing the name of the complainant which was not done by o.p. In view of the said fact the complainant suffered mental agony as well as the business of the complainant suffered to a great extent. On the basis of the facts and circumstances as stated above, the complainant prayed for passing an order against the o.p. regarding the illegal claim made by o.p. and to take step for clearing the name of the complainant from the CIBIL list and compensation of Rs.50,000/-.
The o.p. contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that the complainant availed credit facility from the o.p. and the issuance of credit cards are governed by the terms and conditions of the card member agreement. In the agreement it was specifically stated that the card holder / complainant shall become liable for payment to o.p. immediately from the incurring of any expenses within 30 days of incurring the charge or earlier failure to which attract interest charges on the outstanding amount. As per the terms of the said agreement any dispute or the transaction reflecting in the statement of account has to be raised within 30 days from the statement date. The complainant started using the card for various and diverse transactions, monthly statement reflecting the details of the transactions incurred were sent to the complainant’s registered address. The statement shows that the complainant was irregular in repayment of his outstanding dues. Since the complainant failed to pay the outstanding dues financial charges were billed to the complainant as per the clause 20 and 21 of the card agreement.
The complainant was fully aware that interest charges are applicable only in the event the total amount due is not clear before the due date and if the customer chooses to pay the minimum amount instead of paying the entire outstanding amount the interest will be charged. Payments made are adjusted 1st against fees and service charges and only then towards the cash withdrawal and purchase outstanding. The CIBIL is an RBI endorsed initiative that hosts the payment history and outstanding of all borrower accounts of all customers (and not only the defaulters) of its member banks.
The o.p. denied that any false claim was made by o.p. or the name of the complainant in the CIBIL list was recorded illegally for which the complainant will be entitled to get any relief in this case.
On the basis of the pleadings of parties the following points are to be decided:
- Whether the complainant had any dues to the bank.
- Whether the complainant took any credit through the credit card.
- Whether the complainant paid all the dues.
- Whether the complainant’s name was inserted in the CIBIL list illegally.
- Whether the complainant will be entitled to get the relief as prayed for.
Decision with reasons:
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. lawyer for the complainant argued that the complainant is the holder of credit card facility from the o.p. since the year 2002. The complainant from time to time got some information that some amount remained due by availing of the credit card facility which belonged to the complainant. The complainant brought to the notice of the o.p. and the complainant having such bitter experience obtained no due certificate from the o.p. but it is curious enough that when the complainant wanted to have loan from HDFC Bank he was informed that the loan cannot be sanctioned since his name appeared in the CIBIL list. After coming to know of the said fact the complainant wrote several letters with a request to o.p. for deletion of the name of the complainant from the CIBIL list. Since no action was taken from the side of o.p. the complainant had to file this case praying for necessary direction upon the o.p. for deletion of the name of the complainant from the CIBIL list as well as compensation .
Ld. lawyer for the o.p. bank argued that the complainant was irregular in payment of his dues and he was fully aware that if the payment is not made within the period of 30 days after availing of credit through the credit card the customer will be charged for the necessary charges as well as interest. The complainant during payment of the amount never followed the terms and conditions of using of the credit card facilities and in whimsical manner paid the amount which will be reflected from the statement of account issued to the complainant from time to time. The record regarding borrower of money through the credit card is under the surveillance of RBI and the individual bank provides the name of the borrowers and accordingly the names appear in the CIBIL list, therefore the o.p. cannot be held responsible for incorporation of the name of the complainant in the CIBIL list and no compensation can be allowed upon the o.p.
Considering the submissions of the respective parties it appears that the complainant was the credit card holder issued by o.p. and is also found from the statement of account that the complainant used to avail of the credit card facility by borrowing money but he failed to pay the amount within the 30 days from the date of borrowing money or making credit in using the said credit card. The complainant used to pay the money without observing the terms and conditions regarding the payment of the money beyond the period of 30 days and as per the terms and conditions of availing of credit card if the amount is paid at first the said amount will be adjusted with interest and necessary charges thereafter the amount paid would be adjusted with the amount credited towards the amount paid by the complainant. Since the complainant paid the amount not as per the terms and conditions of availing of the credit card facility and the CIBIL list is monitored by RBI having the data of the borrowal amount of an individual credit card holder and accordingly, the name of the complainant appeared in the CIBIL list for which o.p. cannot be held liable for incorporation of the name of the complainant in the CIBIL list.
Accordingly, we hold that the o.p. is not at all liable for payment of any compensation for incorporation of the name of the complainant in the CIBIL list and the complainant will not be entitled to get any relief as prayed for. Thus all the points are disposed of accordingly.
Hence, ordered,
That the CC No.160/2012 is dismissed on contest without cost against the o.p.
Supply certified copy of this order to the parties free of cost.
