Complainant by filing this complaint has submitted that complainant had one Credit Card bearing No. 4346781002207207 under the ops and subsequently in respect of the outstanding as per representative of Neelu Banerjee a settlement was arrived with the ops on 16.08.2008 and as per settlement complainant was directed to pay Rs. 10,000/- in cash as full and final payment and that had been paid by the complainant and op issued money receipt in favour of the complainant and at the time of issuing cash receipt in favour of the complainant, op including his representative Neelu Banerjee assured that name of the complainant will be cleared from the defaulter list of Credit Information Bureau of India Ltd. (CIBIL) and other Credit card bureau agencies and same will be up dated within 18 months from the date of last payment i.e. on and from 25.08.2008.

          Accordingly complainant waited for more than 18 months but op failed and neglected to do the same from the defaulter list of CIBIL and other credit bureau agencies.  So, complainant visited the office of the op several times repeatedly requested to delete the name from the defaulter list of CIBIL and other credit bureau agencies but op avoided for showing some excuses.  Subsequently from the month of October 2011 complainant received letter issued by the op in which they falsely and purportedly stated that the ops are unable to contact with the complainant but the official and residential address of the complainant have never been changed and complainant clearly stated that the same to the op no.3 in writing in his letter on 05.01.2012.

          Subsequently on 10.01.2012 op issued a letter in favour of the complainant and in the said letter ops mentioned two contact no. of their debt management officer and complainant several times tried to contact with the aforesaid telephone numbers but failed to contact and finding no other alternatives complainant compelled to inform the same in writing on 04.06.2013 to op no.1.

          Subsequently on 25.06.2013 ops issued a letter in favour of the complainant and in the said letter op mentioned a new phone no. and complainant tried to contact with the said phone number but failed to do so.  Thereafter complainant informed the same in writing to op no.1 on 11.07.2013 and also visited the office of op no.2 but both ops did not take any step to delete his name from the defaulter list of CIBIL and by that way they have avoided and lastly on 04.04.2014 the office staff of the op no.2 asked to pay Rs. 25,000/- by cash from the complainant and verbally assured that payment of that amount his name shall be deleted from CIBIL list and Credit Bureau agencies when complainant requested the said staff to issue a written assurance in this connection as a result of which the said office staff misbehaved with the complainant.

          Subsequently they did nothing for which ultimately complainant has filed this case for negligent and deficient manner of service and also for compensation etc.

          On the other hand op by filing written version has submitted that all the allegations made in the complaint are false and fabricated and the same are denied and op answered each and every letter of the complainant and also assisted him always and as per request the CIBIL changed the status of the credit card account of the complainant as settled and it is also pertinent to mention here that once a person defaulted to make payment of any loan from any bank or financial institution, his name was reflected in the defaulter list of the CIBIL and once he settled the said account then that was also reflected to the CIBIL as settled and that is the position of the present complainant.  So the present complainant is not entitled to claim compensation and the entire allegations are false and fabricated and for which the complaint should be dismissed.

                                                  Decision with reasons

          On proper study of the complaint and written version of op including the CIBIL list page-10, it is clear that the status of the complainant in the CIBIL list is noted as settled and against credit card of the complainant or personal loan of the complainant etc.  Now the question is whether this status as shown is settled as finally and whether further direction is required for removing his name from the CIBIL List.  Practically after considering the CIBIL List as produced, it is clear that on 03.07.2014 that list was circulated wherefrom it is found that his loan matter is settled.  So, apparently he is not a defaulter and in respect of this credit card, the entire issue is finally settled and it is known to the complainant in view of the fact that complainant also collected invariably his status.  But he has suppressed the same before this Forum.  At the same time complainant has failed to produce any such document to show that his status is shown in the CIBIL list as a defaulter or any balance is shown as unpaid.

          So, considering all the above fact, it is clear that his entire matter related to CIBIL list is completely settled and his status is not shown as defaulter.  So, under any circumstances, there is no scope on the part of the ops to do anything more and practically it is also proved from the said CIBIL list that this complainant is not a defaulter his name is reflected or restricted in the CIBIL List as defaulter but his account is found settled finally and for which there is no scope on the part of the op to do anything more when his status is shown in the CIBIL list.

          In view of the above findings we are convinced to hold that there was no deficiency or negligence on the part of the op and invariably ops shall have to send a letter to the CIBIL and other credit bureau agencies with a prayer to delete his name from the CIBIL list and other credit bureau agencies’ list except this no further order can be passed because deficiency or negligence on the part of the op is not proved.

          Accordingly this complaint is disposed of by dismissing the same.

          Hence, it is

                                                                ORERDED

          That the complaint be and the same is dismissed on contest without any cost against the ops.

          Ops are directed to write a letter to the CIBIL and other Credit Bureau Agencies to delete complainant’s name from the list when the matter has already been settled as shown in the CIBIL List.