Tamil Nadu

South Chennai

CC/109/2013

Mr. G.Murali - Complainant(s)

Versus

M/s Standard Chartered Bank - Opp.Party(s)

Mrs.Auxilia Peter

16 Feb 2022

ORDER

                                                                          Date of Complaint Filed:18.10.2011

                                                                                                                                      Date of Reservation    : 24.01.2022

                                                                                                                                      Date of Order             : 16.02.2022

                                                                     

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

Present:    Thiru. R.V.R. Deenadayalan, B.A., B.L.           : President

                  Thiru. T. Vinodh Kumar, B.A., B.L.                  : Member

CONSUMER COMPLAINT No.109/2013

WEDNESDAY, THE 16^th DAY OF FEBURARY 2022

Mr. G. Murali, Son of Mr. P.S Gopalakrishnan,

Residing at Flat No.3A, Milestone Apartments,

14, Sriram Nagar South Street,

Alwarpet, Chennai 600 018.                                                                                                                 .. Complainant                                     

..Versus..

 

1.The Head, Customer Care,

   M/s. Standard Chartered Bank

   Credit Card Centre,

   No.187, 2^nd Floor, Mount Road,

   Chennai – 600 006.

2.M/s. Standard Chartered Bank Credit Card Centre,

   Rep by its Manager,

   Having office at 19, Rajaji Salai,

   Chennai – 600 001.                                                                                                                 ..  Opposite parties

******

Counsel for the complainant        : M/s. Auxilia Peter

Counsel for the opposite parties   : M/s. R & P Partners

        On perusal of records and after having heard the oral arguments of Opposite parties and having treated the written arguments of Complainant  as oral arguments of the complainant,  we delivered the following:

ORDER

Pronounced by the President Thiru. R.V.R. Deenadayalan, B.A.,B.L.

1.The complainant has filed this complaint as against the opposite parties 1 & 2 under section 12 of the Consumer Protection Act, 1986 and prays to withdraw all the interest and late fee charged to the above credit card and shown as outstanding as on date and also write to CIBIL with a copy to the complainant on such withdrawal of interest and charges and advise CIBIL that there was no interest and charges at the first place payable by the complainant and hence the question of writing off such dues does not arise and therefore revise the credit rating of the complainant with CIBIL and to issueno due certificate and to pay a sum of Rs.10,00,000/- as compensation for mental agony and harassment and to pay the cost of the complaint.

2.     The complainant submitted his Proof Affidavit and on the side of the complainant, documents Ex.A1 to Ex.A3 were marked and the complainant   filed the written argument. The opposite party has submitted his version, proof affidavit and written arguments and on the side of the opposite party documents Ex.B1 to Ex.B5 were marked.

3.      The averments of the complaint in brief are as follows:-

          The complainant is having Standard Chartered Bank Credit Card No.4129 0586 8651 9006. The complainant used the credit card up to August 2006 and settled all the dues and closed the credit card transaction. While so in March 2011 complainant had applied to Citibank NA for issuance of a credit card which was rejected by the said Bank on the ground that the complainant has an outstanding due amount in Standard Chartered Bank against a credit card which has not been settled by the complainant. But on perusal of the CIBIL report dated 14.07.2011 a sum of Rs.38,125/- was overdue  to the opposite party. The complainant is a chartered Accountant and Cost Accountant and he is currently employed as Executive Director of Spencers Retail Limited. Since, because of the act of the opposite party the complainant had been subject to untold hardship and mental agony. Hence this complaint was filed.

4.      Written Version of Opposite Parties in Brief:   

        As per the records of the opposite parties, the Credit card of the complainant had been invalidated on 7^th January 2007 on account of non-payment of entire outstanding in June 2006, the financial charges had been levied in the card account accruing to Rs.21,853.35/- as total outstanding as on 27.10.2009. However, on receipt of the legal notice dated 18.08.2011 and 02.11.2011 sent by the complainant, the opposite parties bank had reversed the entire outstanding as a service gesture and zeroised the card account as on 22.09.2011. The opposite party had also stated that it will update appropriate status in this CIBIL in its reply notice 24.10.2011. it is however pertinent to note that the credit history of the complainant has been appropriately amended the records of the CIBIL as reported on 30.09.2011. Hence, it is requested to dismiss the complaint.

5.        The Points for consideration are:-

1.Whether there is any deficiency in service on the part of the opposite parties?

2.Whether the complaint is entitled to get the reliefs as claimed in the complaint ?

3.To what relief the complainant is entitled to?

6.      Point No.1

        On perusal of the proof affidavit it is found that the complainant  had admitted the version of the opposite parties as that they have  reversed the entire outstanding on the card account as on 22.09.2011 and it is also admitted that the opposite party had advised CIBIL for reversal of the dues and withdrawal of card details issued to him. Hence the complainant is not pressing the prayer(a) of the complaint. Prayer (b) of the complaint is consequential to prayer(b). However, the opposite party has not given no due certificate to the complainant. The above action is amount to deficiency in service on his part. Accordingly, point No.1 is answered.

7.       Point Nos. 2 & 3

        We have discussed and decided that the opposite party had committed deficiency in service, only on the aspect of not issuing the no due certificate to the complainant. Therefore the complainant is entitled to get the No Due Certificate from the opposite parties. Further on perusal of entire records it is found that the reversal of the entire outstanding due in favour of the complainant is only as a service gesture of the opposite parties. Therefore complainant is not entitled for any compensation and the cost. Accordingly, point Nos 2 & 3 are answered.

         In the result this complaint is allowed in part. The opposite parties are directed to issue no due certificate  to the complainant within 3 months from the date of this order. No costs.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on this  the  16^th  day of February  2022.

 

T.VINODHKUMAR                                                    R.V.R.DEENADAYALAN                                                                               

      MEMBER                                                                           PRESIDENT

List of documents filed on the side of the complainant:

Ex.A1	14.07.2011	Letter from CIBIL
Ex.A2	18.08.2011	Legal Notice
Ex.A3	28.09.2011	Letter given by postal authorities as proof of delivery

 

List of documents filed on the side of the Opposite parties:

 

Ex.B1	-	The card member rules and regulations issued by the Opposite Parties
Ex.B2	-	The Statement of accounts from 25th May 2005 to 26th January, 2007 and statement of accounts as of October 27, 2009.
Ex.B3	27.06.2011	The reply to the email to the complainant by the Opposite Parties
Ex.B4	24.10.2011	The reply letter to the counsel of the complainant by the opposite parties
Ex.B5	-	CIBIL REPORT

 

 

T.VINODHKUMAR                                            R.V.R.DEENADAYALAN                                                                              

      MEMBER                                                         PRESIDENT