Chandigarh

DF-II

CC/347/2023

VARINDER PAL SINGH PASRICHA - Complainant(s)

Versus

KOTAK MAHINDRA BANK LTD - Opp.Party(s)

Mohit Singla

09 Apr 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	347/2023
Date of Institution	:	07.07.2023
Date of Decision	:	09.04.2024

 

                                 

                    

 

Varinder Pal Singh Pasricha aged about 46 years S/o Satinder Pal Singh Pasricha R/o Flat No. 295-B, Sector-51-A, Chandigarh. PIN 160047.

2^nd Address:-

Varinder Pal Singh Pasricha aged about 46 years C/o Tikke Di Hatti, Cabin No-21, SCO-1003, Sector-22-B, Chandigarh ( U.T)

….Complainant

Versus

1.    Kotak Mahindra Bank Ltd., having its Registered Office at, 27 BKC, C-27, G-Block, Bandra Kurla Complex, Bandra (E), Mumbai 400051, Maharashtra through its Office In-charge/Branch Manager/ Authorized Signatory.

2.    Kotak Mahindra Bank Ltd. SCO No-153-155, Madhya Marg, Sector-9 C, Chandigarh-160009 through its Office In-charge/Branch Manager/Authorized Signatory.

…. Opposite Parties.

 

 

 

 

BEFORE:
	SHRI AMRINDER SINGH SIDHU,	PRESIDENT
	SHRI S.K.SARDANA	MEMBER
Present:-
	Sh.Mohit Singla, Counsel for complainant with complainant. OPs exparte.

      

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM, PRESIDENT

1.        The complainant has filed the present complaint pleading therein that he took a Credit Card No. 5535-8305-0056- 3757 from HDFC Bank and he used to pay all his legal dues regularly without any default. On 26-06-2023, it came to his notice through CIBIL SCORE Report that one Credit Card bearing Account No.HD9CC02708 is running in his name whereas he neither applied the for the same nor received the same. The CIBIL Report (Annexure C-1) showing outstanding amount of Rs.1,19,340/- against him.  It has further been averred that he never received any communication or any OTP regarding the restructure of the said card. On enquiry from OP No.1, it was found that some payment has been made/deposited regarding the usage of the above card in the year of 2021 and 2022 and when he asked OP No.1, the detail of the person or via-media of making the payment, then they have not given any satisfactory reply and, therefore, he requested OP No.1 to withdraw their illegal demand against the said card and to correct his CIBIL Score but to no effect. It has further been averred that number of times, he requested OPs to withdraw the illegal demand and to issue the NOC, but no action has been taken. Due to the aforesaid CIBIL score, he is unable to get any loan from any financial institution.

              It has further been averred that previously it was alleged by the OPs that that one another (Credit Card No. XXXXXX ending with digits 6040) was also issued by HDFC bank to the complainant. On 09-09-2021, the loan account was transferred to the OPs by the HDFC Bank under the head sale of assets amounting to Rs.1,20,653.15/- and when the OPs harassed and humiliating the complainant by making the illegal demand of the above said credit card which was also never used or issued to him by HDFC Bank or by the OPs, then the complainant filed application before the Permanent Lok Adalat (PUS) Chandigarh. However, the OPs never appeared before the Lok Adalat and vide order dated 22-05-2023, the PLA Chandigarh accepted the application with the directions that the OPs cannot charges Tax, interest, penalty whatsoever regarding the Credit Card bearing number XXXX6040 from the complainant. It was further held by the PLA that this was a case of transfer of assets, still the OPs should have come forward to clarify, but to no avail and they have chosen to stay away from the proceedings and PLA further hold that the OPs will issue the NOC to the complainant. After passing of the aforesaid order by the Hon'ble PLA, despite repeated requests till date no NOC has been issued by the OPs regarding the dues alleged to be pending against credit card No.XXXX6040, but as per the order of the Hon'ble PLA, NOC has been issued by the HDFC Bank to the complainant.  It has further been averred that the OPs have demanding the money of that card which has never been issued to him and which was never applied.  Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint seeking directions to the OPs to withdraw the illegal demand; issue the NOC; correct his CIBIL Score; pay compensation and litigation expenses etc.

2.        Despite due service, the OPs failed to put in appearance and as a result thereof they were ordered to be proceeded against exparte vide order dated 05.09.2023.
3.        The complainant filed his affidavit and documents in support of the case.
4.        We have heard the Counsel for the complainant along with complainant and have gone through the documents on record.
5.        The complainant has filed his detailed affidavit along with the supporting document reiterating the averments as made in the complaint. The OPs chose not to appear before this Commission.  Therefore, in the absence of any rebuttal from the side of the OPs, the version of the complainant, supported by his duly sworn affidavit, must prevail.  Failure on the part of the OPs to withdraw the illegal demand, to issue the NOC and to correct the CIBIL score despite repeated requests of the complainant amounts to deficiency in service as also adoption of unfair trade practice on their part and as such the complaint deserves to be allowed. 
6.        In view of the above discussion, the present complaint deserves to be partly allowed and the same is accordingly partly allowed. The OPs are directed to :-

1.        withdraw the illegal demand of Rs.1,19,340/-  in respect of the unknown credit card/account No.HD9CC02708, opened on 31.12.2020 in the name of the complainant.
2.        To get correct the CIBIL score of the complainant after withdrawal of the illegal demand.
3.        To issue the NOC to the complainant.

7.        This order be complied with by the OPs, within 60 days from the date of receipt of its certified copy.
8.        The pending application(s) if any, stands disposed of accordingly.
9.        Certified copy of this order be sent to the parties, as per rules. After compliance file be consigned to record room.

Announced in open Commission 09.04.2024
	Sd/- (AMRINDER SINGH SIDHU) PRESIDENT
	Sd/- (S.K.SARDANA) MEMBER