Delhi

East Delhi

CC/8/2020

ANUJ BEDI - Complainant(s)

Versus

RBL BANK LTD. - Opp.Party(s)

16 Feb 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. No. 8/2020 

 

	ANUJ BEDI S/O SH. ASHOK KUMAR BEDI   FLAT NO. 31, PARIVAR APARTMENTS PLOT NO 30, IP EXTN. PATPARGANJ NEW DELHI: 110092	….Complainant
Versus
	RBL BANK LIMITED REGISTERED OFFICE AT: 1st  LANE, SHAHUPURI, KOLHAPUR, MAHARASHTRA-416 001   CORPORATE OFFICE AT: ONE INDIABULLS CENTRE, TOWER 2B 6TH FLOOR. 841, SENAPATI BAPAT MARG. LOWER PAREL (W), MUMBAI, MAHARASHTRA -400013   BRANCH OFFICE AT :-   183, GROUND FLOOR. JAGRITI ENCLAVE ANAND VIHAR, DELHI-110092	……OP

Date of Institution: 07.01.2020

Judgment Reserved on: 23.01.2023

Judgment Passed on: 16.02.2023

                  

QUORUM: 

 

Sh. S.S. Malhotra (President)

Sh. Ravi Kumar (Member)

Ms. Rashmi Bansal (Member)   

 

Order By: Sh. Ravi Kumar (Member)

 

JUDGEMENT    

The Complainant has filed complaint against the OP alleging deficiency in service in not recovering his Credit Card outstanding despite of his instructions and as a result reducing his CIBIL score which has impacted his reputation in the society and caused mental pain to him. 

The Complainant has stated in his complaint that he was issued Credit Card by the OP bearing No.5243-7363-0224-9078 in April, 2015 and this Credit Card was replaced with the another Credit Card bearing No.5263-5084-5103-7102 however this Credit Card was also replaced and a new Credit Card bearing No.5236-XXX-XXX-5310 was issued to him. 

He has stated that he is not able to submit the entire details of the Credit Card Number ending with 5310 since he had lost the Credit Card on 18.11.2018 and he reported about the same and requested to OP to block the said Credit Card against any misuse and issue a fresh Card to him and the OP sent an email to him dated 28.11.2018 that his Card ending with number 5310 (wrongly written as 5319 in the complaint) has been blocked on 28.11.2018 at 17:03:13 hours.  The Complainant requested the OP1 to issue a new Credit Card as replacement of the lost Credit Card and also asked the OP through its Customer Care personal for the total outstanding amount on this lost Credit Card. 

OP informed the Complainant that the outstanding amount in Credit Card ending with number 5310 is Rs.67347/- however since the Complainant’s Credit Card number ending with 5310 is blocked, the OP asked the Complainant to pay the amount in the Credit Card number ending with 7102 which was done by the Complainant and confirmation from OP dated 11.12.2018 was also received by him to that effect.

After making the full payment of the due amount on his Credit Card the Complainant made several requests to the OP through its Customer Care requesting for re-issuance of the Credit Card as early as possible and he was assured that he will be receiving new Credit Card within 7 to 10 business days.  However, he did not receive the new Credit Card. 

On 14.12.2018 the Complainant received a bill of Rs.1910/- towards late charges etc. whereas he had already settled the whole of outstanding amount of Rs.67,340/- on 11.12.2018.  The Complainant informed that the bill of Rs.1910/- is wrong and he also informed the OP that he would be receiving USD 70.40 (Rs.5200/- approx) as a return credit in his account due to payment reversal from the merchant and this amount of Rs.1910/- can be settled from the said amount. On 22.01.2019 the Complainant received USD 70.40 (Rs.5200/- approx) back in his Credit Card account and the same was shown credited in the statement dated 14.02.2019.  However, OP did not recover the amount which was more than the principle amount owed to the OP by the Complainant and he thereafter started receiving the several calls from the OP seeking further payment of Rs.5303/- which was towards late fee and interest amount and in May, 2019 Complainant received letter from OP in which OP suspended all benefits and other privileges provided to the Complainant and demanded a sum of Rs.5303.49/- whereas the OP on their own failed to complete their obligations and his credit score which the Complainant had taken from Paisa Bazaar was reduced to 651.  The Complainant also sent Legal Notice dated 26.07.2019 to the OP but the OP did not respond.  The Complainant in his complaint has made the following prayer:-

• Opposite Party to be directed to withdraw their letter bearing subject 'Ref: Collections-90' dated May,2019 and the due amount of INR 5,303/- shown against the Complainant.

 

• That the Opposite Party may be directed to revert the Complainant's original credit score. 
• Direct the opposite parties to pay the Complainant amount of Rs.10,00,000 towards compensation in lieu of physical pain, mental agony, trauma and loss of goodwill due to the acts of the opposite parties. 

 

• That the Complainant is also entitled to Rs.2,00,000 towards the cost and expenses of the present litigation.     

 

• Any other order as deemed fit and proper in the facts and circumstances in favour of the Complainant be passed.

Initially Complainant had impleaded 7 OPs however later on he filed amended Memo of Parties dated 04.02.2020 wherein he retained only one OP which is shown in the title of this Order.

OP was served however OP did not file its Written Statement and their opportunity to file Written Statement was closed on 22.08.2022.    

The Complainant filed his evidence and exhibited the following documents:

• ANNEXURE-A copy of email dated November 28, 2018, acknowledging the receipt of complaint regarding the loss of credit card. 
• ANNEXURE-B copy of email dated December 11, 2018, confirming the payment of Rs. 67,347/-.
• ANNEXURE-C Copy of email dated December 13, 2018, confirming the credit of amount of Rs. 67,347/-. 
• ANNEXURE-D copy of Bank Account Statement dated December 14, 2018, after settling the final amount of Rs.67347/-.
• ANNEXURE-E copy of the email reflection notification of refund of USD 70.49.   
• ANNEXURE-F Copy of the Bank Account Statement dated October 14, 2018, and the payment confirmation email dated November 2, 2018, of amount Rs.104,532/-.   

 

This Commission has heard the arguments of the complaint and has perused the documents on record.  No arguments were put forth by the OP.

The case of the Complainant is that he had cleared the dues of the Credit Card No. ending with 5310 of Rs.67,347/- and requested the OP to issue fresh Credit Card to him as the said Credit Card was lost.  The payment was made by the Complainant on 11.12.2018 and the Complainant thereafter received further demand of Rs.1910/- on 14.12.2018 towards late charges etc on his Card number ending with 5310.  As per the Complainant he informed the OP (no supporting document enclosed) that he is going to receive USD 70.49 (Rs.5200/- approx) as return credit and the due amount as above can be settled against the same.

On 22.01.2019 the Credit Card account of the Complainant showed credit of USD 70.49 (Rs.5200/- approx) in his Credit account of Card no.5310 (Annexure E) however OP did not recover Rs.1910/- and instead raised another demand to Rs.5303.49/- and in May, 2019 (Annexre G) which relates to outstanding amount towards Credit Card ending with no.7102.

The Complainant has contended that OP suspended all benefits and other privileges provided to the Complainant with regard to Credit Card ending with no.7102 though Complainant was not at fault and the Complainant has further contended that on account of the same he suffered loss of goodwill as OP got reduced his well maintained credit score (CIBIL) to 651 when he checked the same from Paisa Bazaar (Annexure – H).

Further as per Annexure G, OP informed the Complainant that on account of non-payment of Rs.5303.49 as on May 2019 they have suspended all benefits and other privileges under the Card ending with no.7102.

Thus from the above it is apparent that OP demanded Rs.1910/- from the Complainant as late fee charges in respect of Credit Card ending with no.5310 for the period 15.11.2018 to 14.12.2018 and there was credit balance available in Credit Card account of the Complainant on 22.01.2019 and OP also demanded Rs.5303.49 in May 2019 in respect of Credit Card ending with no.7102 and suspended all benefits and other privileges under the Card ending with no.7102.

This being the case the OP should have recovered Rs.1910/- as per the demand raised by them on 14.12.2018 when the Complainant’s Credit Card account was credited with USD 70.49 (Rs.5200/- approx) on 22.01.2019 which was shown as credited in the statement stated 14.02.2019.  However, this was not done by OP and subsequent demand of Rs.5303.49 in May 2019 is not explained by OP as they neither filed Written Statement nor argued their case therefore there is deficiency of service established on the part of the OP to the above extent.    

Now, coming to the question of reduction of CIBIL Score of the Complainant to 651 {Annexure –H, (Colly)} which has been filed by the Complainant.The said CIBIL Report 27.12.2019.  On perusal of the enclosed documents along with the said report it is observed that there is no mention of the issue raised by the Complainant against the OP contending that OP got his CIBIL Score reduced. In the said Report  of Paisa Bazaar there is mention of 11 accounts found in the Credit Bureau database including one at S.No.9 pertaining to the Ratnakar Bank Ltd wherein it is mentioned ‘Suit filed willful default and written off’ and there is no mention of any outstanding or adverse remark in relation to the Credit Card number ending with 5310 or ending with 7102 in the said CIBIL Report which implies that the Credit Score of the Complainant was not adversely impacted on account of any report made by the OP against him in the CIBIL.

In view of above this Commission is of the opinion that contention of the Complainant that his CIBIL Score has been brought down to 651 on account of non-recovery of Rs.1910/-, with regard to Credit Card ending with no.5310, from his Credit Card account and later on withdrawal of benefits and other privileges in May 2019 on account of dues shown with regard to Credit Card ending with no.7102 thereby affecting his reputation adversely and loss of his goodwill is not established by the Complainant.

In view of above, this Commission holds OP liable for deficiency in service to the extent of not recovering the amount of Rs.1910/- from the Credit Card account of the Complainant when there was return credit of USD 70.49 (Rs.5200/- approx) on 22.01.2019 which was shown as credited in the statement stated 14.02.2019 and later on suspending all benefits and privileges attached with the Credit Card ending with no.7102 issued to the Complainant and directs as follows:    

• OP to pay Rs.7500/- to the Complainant towards mental harassment within 30 days from the date of receipt of this Order.
• As far as other relief with regard to Credit Card or restoration of other facilities are concerned, no order is passed until the CIBIL Score gets in order which is on account of transaction other than the subject matter of this case. 

This order be complied with within 30 days from the date of receipt of the order.

Copy of the order be supplied / sent to the parties free of cost as per rules.

File be consigned to Record Room.