Shri A.K.Patra,President:

1. This Consumer Complaint is filed by the complainant named above alleging deficiency in service and unfair trade practice on the part of the Ops for their illegal demand of repayment of dues from the closed credit card resulting financial burden & loss of CIBIL score of the complainant.
2. Complainant seeks for an order dismissing all the demand notice and to look after the CIBIL score of the complainant. And prayed for all other orders as this Commission may deem fit and proper.
3. The factual matrix leading to the case of the complainant as emerged from the case record is that, the complainant has availed a credit card Credit Card : 0004197882023036805 from the Punjab National Bank, Junagarh branch and used  it for 3 years regularly. He has deposited  all his  overdue on dated 31-12-2019 and on the same date he requested  in writing  to the Branch Manager Punjab National Bank, Junagarh/OP 3 for closing of his  credit card but  they transfer the amount on dt. 04-01-2020. It is further contended that, the bill payment date was 25-12-2020 but due to delay from both ends, he was  charged with a fine and when he  inquired the matter with Branch Manager/op3,he was  suggested to contact Customer Care and as per the instruction of the B.M PNB, Junagarh/op 3 the complainant  contact the Customer Care service  and asked them to close his  credit card but the credit card was not closed. He has   received credit card statement after 6 month of his request for closer of subject credit card and that, after regular follow up he felt helpless. The  OP company send him  demand notice in regular basics than the complainant was suffering from medical issue due to CORONA and was admitted at Hospital for which he could not  receive all those  demand notices and when he  recover from illness he  collects all the demand notices and contact to PNB branch narrating the facts that, when he  has already closed his CREDIT.CARD paying all bills  and one more thing that, his Credit Card was already expired then how  demand notices were issued to him . The BM /OP3 suggest him to contact Credit Card Customer care and , when he tried to contact the customer care they picked his  call but  put on hold for hours, for which he  ignored all those  demand notices thinking that he has already cleared all outstanding and  the demand notice  are  system generated only has no force. But the complainant has been  receiving several call from the Ops from  so many different phone numbers and  asked to repay  outstanding bill on the said  credit card and damaging my CIBIL  Score and when the complainant checked his CIBIL  score he  found his CIBIL  score as very low  due to credit card bill pending. It is further contended that, the Company has no rights to send demand notices as he has already clear all dues there in the subject Credit Card and the Op is duty bound to make good of his CIBIL records but the Ops have not responded, hence this complaint.
4. On being notice, Opp.Party No.3 appeared through their Learned Counsel Shri P.Sahany and filed their written version admitting the facts that, the complainant was issued with a Credit Card but  denied  the petition allegations on all its material particulars. It is submitted that, the O.P No- 3 never issued demand notice on regular basis to the complainant. The O.P NO-3 never suggested the petitioner to contract Customer care to resolve his problem and further asked the complainant to strict proof of the same by cogent & documentary evidence. It is further submitted that, the Complainant has violate the term & conditions of agreement by not making payment in time. This complaint is presented with malafide intention out of grudged which the complainant bears towards the O.Ps. The  O.P Bank has never committed  any deficient service in the performance of its service as per  the Credit Card agreement and that, there is no cause of action arose rather, this complaint is  not maintainable in its present from so also not maintainable in the eyes of law for non -joindor of necessary parties. Hence, liable to be dismissed.
5. Notice to the Op 1(one) served through registered post on 28/05/2024 vide RP consignment No. RO196994459IN and to the OP 2 on dt. 25/05/2024 vide RP consignment No. RO196994462IN . But both the OP 1(one) & 2(two) not turn up to contest this complaint.
6. Heard the complainant exparte as the Ops remain absent on the date fixed for hearing consistently. Perused the material available on record. We have our thoughtful consideration on the contention of the both complainant & Op3.
7. The complainant, to substantiate his contention, has filed the self attested photo copy of following documents: -(i) Account statement vide A/C ID:4799000100005931 which shows the particulars of Credit Card : 0004197882023036805 and (ii) self attested photo copy of demand notice dt.05 Feb 2024 issued from the PNB/OP3 .The averments of the complaint petition is supported by a affidavit of the complainant.
8. Here in this case the facts that, the complainant has availed a credit card vide no. 0004197882023036805 from the OP3/bank is not disputed .Hence it may safely conclude that the complainant is one of the consumer of Ops.
9.  Admittedly, a demand notice dt.05 Feb 2024 is issued from the Punjab National Bank to the complainant asking immediate payment of Rs.63493.11/-along with future interest and further   asked the complainant to settle the same under their “Bank Compromise Policy Credit Cards” which the complainant has disowned.   The claim of the complainant that, he has already repaid all the bills there in the subject Credit Card is not disputed. No rebuttable evidence is adduced by the Ops .
10. The ops have claimed that, credit card is issued under certain terms & conditions but no scrap of paper is placed on record containing any terms & condition which could have ever served to the complainant while issuing of the allege Credit Card .Nothing material is place on record to hold that, the Ops have ever taken any pain to inquired the matter on receiving of grievance of the complainant or ever heard the complainant clearly proved negligence and deficient service there on the part of the Ops .
11. Nothing proved that, the complainant is liable to pay Rs. 63493.11/-along with future interest as demanded under afore said notice dt 05 Feb 2024 as such issued of such notice caused financial burden & mental agony to the complainant cannot  not be denied .
12. Based on above facts & circumstances, we are of the opinion that, there is deficiency in service & unfair trade practice on the part of the Ops for non responding of the grievance of the complainant and for issuing of demand notice dt 05 Feb 2024  to the complainant claiming Rs.  63493.11/-.which the complainant is not liable to pay and it certainly lose the CIBIL score of the complainant cannot be denied so also it caused mental agony to the complainant may not be disputed .As such we are of the opinion that, the complainant is entitled to be compensated by the Ops by way of recalling the demand notice issued to the complainant & by restoring the complainant in him original position liability free on  the CIBIL . Hence it is ordered.

ORDER

This consumer complaint is allowed in part exparte against the Ops with the following direction:-The Ops are hereby directed to recall the demand notice dt.05 Feb 2024 issued to the complainant and further the  OPs shall not issue any demand notice to the complainant with respect the subject Credit Card : 0004197882023036805 and shall  look after the CIBIL score of the complainant by restoring him in his original position. No order as to cost and compensation.

                    Dictated and corrected by me.             

 President

                     I   agree

                                          Member    

Pronounced in open Commission today on  29 August   2024 under the seal and signature of this Commission. The Pending application if any is also disposed off accordingly.  Free copy of this order be supplied to the parties for their perusal or party may download the same from the Confonet be treated as copy served to the parties. Complaint is disposed of accordingly.