Complainant by filing this complainant has submitted that complainant had one Credit Card bearing No.5548-3742-7923-1739 along with a personal loan account being A/C No.031-024664-526 under the op and op arrived at settlement for the full and final settlement of the outstanding amount of the credit card on 25.07.2009 as per written request of the ops made on 23.07.2009 and accordingly complainant made full and final payment of Rs.20,000/- by cheque being No.017390 dated 25.07.2009 drawn on Federal Bank, C.R. Avenue Branch in favour of the op against proper receipt and it was assured that the name of the complainant will be cleared from the defaulter list of Credit Information Bureau of India Ltd (CIBIL) and other credit bureau agencies and the same will be updated.

          The complainant and op arrived at settlement for full and final payment of the outstanding amount of the personal loan account bearing No.031024664526 on 21.01.2009 and complainant made full and final payment of Rs.30,000/- by cheque being cheque No.149200 dated 21.01.2009 drawn on Federal Bank, C.R. Avenue Branch in favour of the op against proper receipt and op assumed that the name of the complainant will be cleared from the defaulter list of CIBIL agency and same will be updated.

          But in spite of repeated requests made by the complainant to delete his name from CIBIL agency op avoided on 24.10.2011 but op no.2 asked for further payment of Rs.79,886.42/- by complainant towards deletion of his name from the defaulter list of CIBIL in connection with his personal loan account but same is not permissible in the eye of law because amount has already been cleared as per settlement and in the above circumstances complainant has prayed for deciding this dispute and to direct the op to remove the name of the complainant from the defaulter’s list of CIBIL including other and for compensation for harassing him in such a manner.

          But fact remains in this case notice was served upon the ops by registered post with A/D Speed Post duly but op did not turn up to contest the case and did not appear to challenge the allegation of the complainant for which the case is heard finally in exparte.

                                                  Decision with reasons

          On proper consideration of the argument as advanced by the Ld. Lawyer for the complainant and also the documents as filed by the complainant in respect of his claim it is found that the op Bank vide their letter dated 21.01.2009 issued by Manager of Debt Management of Consumer Care Risk informed the complainant that his request for settling the loan account No.031024664526 was considered and settled and as per settlement complainant was asked to pay Rs.30,000/- subject to payment of the said sum by January 2009 and thereafter on 14.02.2009 op Bank informed that his personal loan account is closed and undated cheques being cheque Nos.375621to 375625 drawn on Federal Bank Ltd duly cancelled and by that letter it was affirmed that all the documents executed by the complainant pertaining to the above loan account has been cancelled.  So, considering those letters of the op, it is clear that personal loan account of the complainant was finally closed on and from 14.02.2009 and there is no due.

          Regarding credit card account No.5548374279231739 Manager of Debt Management of Consumer Credit Risk of op wrote a letter to the complainant on 23.02.2009 that his said account would be settled subject to payment of Rs.20,000/- before 30.07.2009 and fact remains that complainant paid that amount on 25.07.2009 and receipt was granted by the op and by that letter dated 20.10.2011 Manager Customer Service of the op reported to the complainant that credit card pertaining to it will reflect that entire amount had been paid against the said credit card account and cheque was received by them and encashed and it is specifically confirmed that there is no outstanding towards his credit card account.  So considering those documents it is clear the complainant’s loan account or credit card account had already been closed after full satisfaction and there is no due which has been admitted by the op by the above letters then it is clear that under any circumstances op Bank has no authority to claim any further amount as claimed by them vide letter dated 24.10.2011 and such a further claim of Rs.79,886.42/- as made by the op is completely unwanted, uncalled for and such a demand tantamounts to unfair trade practice and practically op Bank has adopted such an unfair trade practice and created pressure upon the complainant for payment further amount of Rs.79,886.42/-.  But there is no due amount to claim on the ground that op Bank already by their letter reported the complainant that his credit card account and loan account had been settled and closed after full payment as per settlement.  So, considering that fact, it is clear that the present complainant has rightly pointed out the unfair practice of the op and also their negligent and deficient manner of service and for harassing him continuously by claiming further unwanted amount of Rs.79,886.42/- and it is further proved that the claim of the op is baseless and without any foundation and by that act no doubt complainant has been harassed in several ways and in reality the op cannot claim the complainant as defaulter.  So his name from defaulter’s list or CIBIL or any other official agency should be withdrawn.  But op has not complied the letter of request of the complainant and has been harassing by demanding further claim for which we are convinced to hold that the complainant has been able to prove the entire allegation against the op.

          In the result, the complaint succeeds.

          Hence, it is

                                                          ORDERED

          That the complaint be and the same is allowed on contest with cost of Rs.10,000/- against the op in exparte form.

          Ops are jointly and severally directed to pay a compensation of Rs.10,000/- to the complainant for adopting unfair trade practice for claiming further amount though the loan account and credit card account of the complainant had already been closed on full satisfaction after settlement long back in the year 2009 that is in the month of February 2009.

          Further for adopting unfair trade practice by the ops and to check such sort of malpractice to squeeze money from the customers ops are imposed punitive damages of Rs.10,000/- for adopting unfair trade practice and same shall be deposited to the State Consumer Welfare Fund.

          Ops jointly and severally are directed to comply the order of this Forum within one month from the date of this order of this Forum by deleting the name of the complainant as defaulter from CIBIL or other list failing which ops shall have to pay penal interest @ Rs.250/- per day till the full satisfaction of the decree and order of this Forum and even if ops disobey to comply the order in that case penal proceeding shall be started against them for which they are liable for payment of further penalty of Rs.10,000/- and same shall also be deposited to State Consumer Welfare Fund.