Tamil Nadu

North Chennai

244/2012

A.A.K. ApathSakaayam, - Complainant(s)

Versus

Standard Chartered Bank, rep. by Manager, - Opp.Party(s)

M/s.J.Jayabalan

03 Jun 2016

ORDER

                                                            Complaint presented on  :  05.10.2012

                                                                Order pronounced on  :  03.06.2016

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,         :      PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,            :     MEMBER II

 

FRIDAY THE  03^rd   DAY OF JUNE 2016

 

C.C.NO.244/2012

 

 

Mr.A.A.K.Apath Sakaayem,

No.14, 1^st Floor, Vasanth Apartments,

Sadasivam Street, Gopalapuram,

Chennai – 600 086.

                                                                             ..... Complainant

 

..Vs..

	1.Standard Chartered Bank, Represented by its Manager, No.19, Rajaji Salai, Chennai – 600 001.   2.Shaha Finlease Pvt. Ltd., Represented by its Director, Plot No: 17/9. MIDC Taloja, Tal Panvel, Dist, Rajgad,Navi Mumbai – 410 208.   3. Credit Information Bureau (India) Limited, Represented by its Director, Registered Office at HOECH 51 House, 6th Floor, No: 193, Back Bay Reclamation, Mumbai – 400 021.
	...Opposite Parties

Date of complaint                                  : 19.11.2012

Counsel for Complainant                      : M/S. J.Jayabalan

Counsel for 1^st Opposite Party                : R & P Partners

 

Counsel for 2^nd Opposite Party                      : M/S Umapathi  ( Ex parte)

 

Counsel for 3^rd Opposite Party                       : M/S C.Manishankhar       

 

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1. THE COMPLAINT IN BRIEF:

          The Complainant is the customer of the 1^st Opposite Party. He was having credit card issued by the 1^st Opposite Party in his name. He approached the Axis Bank on 20.03.2012 for personal loan. They checked the CIBIL status records of the Complainant and two entries showing that the Complainant had defaulted in paying the credit card amount in his name and his wife name. The Complainant had settled the entire amount with regard to his credit card to the 1^st Opposite Party in the year 2001 itself.  Since more than 10 years the Complainant is not in possession of the proof for such payment. The Complainant sent an e-mail to the 3^rd Opposite Party on 29.03.2012 to clarify the two entries the control no.530091623 showing his name and another control no.530091497 in his wife name.  On 02.04.2012 the 3^rd Opposite Party replied to him that the member name as shaha for the Account No.0140665010019015 and 140665010019015 and for control No.530091497 the member name is SBI. The Complainant sent e-mail to the 3^rd Opposite Party on 02.04.2012 that the Account No.0140665010019015 is not belonging to him. The 3^rd Opposite Party sent a reply dated 04.04.2012 that the member name is changed from Standard Chartered Bank to Shaha Finlease. The Complainant sent mail to the 3^rd Opposite Party on 05.04.2012 in respect of repayment details for the year 2006 & 2007 which he availed towards personal loan and also the latest credit card statement for the month of February 2012.  If the Complainant is a defaulter how the personal loan in the year 2006 & 2007 given and credit card issued to him. The Complainant wrote to the 1^st Opposite Party and he did not reply. The 3^rd Opposite Party on 25.05.2012 sent an e-mail to the Complainant that the information pertaining to the another individuals credit report was mixed with the Complainant report and such  a negligent act of the 3^rd Opposite Party proves that he has committed Deficiency in Service. The 1^st Opposite Party never replied to the Complainant for the letter written by him on 29.05.2005 seeking certain particulars. The 2^nd Opposite Party  also did not furnish the details as sought by him and thereby the 1^st and 2^nd Opposite Parties have also committed Deficiency in Service. Hence the Complainant filed this Complaint seeking direction to remove his name is the defaulters lists with CIBIL, with compensation and cost.

2. WRITTEN VERSION OF THE 1^st  OPPOSITE PARTY  IN BRIEF:

The Complainant had settled the entire amount with regard to his credit card to the 1^st Opposite Party in the year 2001, it is incorrect and denied. The Complainant has not filed any document to prove that he has settled the entire dues liable to be paid to the 1st Opposite Party. It is submitted that the Complainant had availed credit card bearing no.4563981038366144 on 1^st December 1997. The statement of accounts from April 1999 to August 2001 are enclosed herewith to evidence the fact that the Complainant was making only the minimum payments among the due amount  reflected in the statement of accounts or at times not paid the dues at all. It is submitted since the Complainant had not paid the outstanding amounts in the credit card; the 1^st Opposite Party had “written off” the amount in its records in December 2000. The 1^st Opposite Party as a policy decision sold the said account to the 2^nd Opposite Party vide Deed of Assignment dated 9^th February 2010. The Complainant is liable to repay the dues as per the terms and conditions of the credit card. The said fact is evidenced  from the letter dated March 26, 2010 issued by the 1^st Opposite Party to the Complainant, which has been filed as Document by the Complainant. The Complainant has any grievance he has to approach only the 2^nd Opposite Party. It is submitted that no negligence or deficiency in service is committed by the 1^st Opposite Party and the 1^st Opposite Party is not liable to pay any damages to the Complainant. The 1^st Opposite Party submit that the Complainant is not entitled for any amount as compensation from them. It is submitted that the above Complaint is not maintainable and liable to be dismissed.

3. WRITTEN VERSION OF THE 2^nd   OPPOSITE PARTY  IN BRIEF:

          The Complainant availed credit card facility in card No.4563981038366144 from the 1^st Opposite Party. The 1^st Opposite Party by deed of assignment dated 09.02.2010  sold , transferred the entire amount payable by the Complainant under the aforesaid credit cards facilities in favour of the 2^nd Opposite Party  and he is entitled to recover from him. The 2^nd Opposite Party after verifying the repayment record, monthly statement and other documents observed that the 1^st Opposite Party never issued any offer for settlement to the Complainant. The Complainant   has not approached the Forum with clean hands and concealed several facts to mislead this Forum and prays to dismiss the Complaint with costs.

4. WRITTEN VERSION OF THE 3^rd   OPPOSITE PARTY  IN BRIEF:

          There is no privity of contract between the Complainant and this Opposite Party and the Complainant is not a Consumer. This Opposite Party functions under The Credit Information Companies (Regulations) Act, 2005 (CICR Act) and engaged in the business of storing, retrieving, compiling, collating, collecting and maintaining a database of credit information relating to the individuals for the use of banks, financial institutions, credit card companies etc and hence the Complaint is not maintainable and liable to be dismissed. This Opposite Party fed the information in the list what was furnished by the 2^nd Opposite Party and not on its own. The details reflecting account no.140665010019015 and previous reflecting account no.0140665010019015 in database of this Opposite Party is as reported by the 2^nd Opposite Party in terms of the provisions of the CICR Act, Rules and Regulations. This Opposite Party had not done any Deficiency in Service and therefore prays to dismiss the Complaint with costs.

5. POINTS FOR CONSIDERATION:

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

          2.Whether the complainant is entitled to any relief? If it is so to what extent?

6. POINT NO :1

          The Complainant is a customer and credit holder of the 1^st Opposite Party and he was using the credit card and repaying the amounts to him, since 1997 onwards.

          7. According to the Complainant he approached the Axis Bank on 20.03.2012 for personal loan and they have checked the CIBIL status records and informed him that two entries showing that he had defaulted in paying the credit card amount and however the Complainant availed personal loan even in the year 2006 &  2007 and also credit card and he has paid the due amount for the personal loans and also filed the  statements in Ex.A11 that he  has no due to pay and further if he has committed defaulted for the year 1997 to 2001 how the first Opposite Party would have given personal loan in the year 2006 & 2007 and this itself proves that he has no due to pay any amount to the 1^st Opposite Party in respect of his credit card.

          8. The 1^st Opposite Party assigned the Complainant credit card account no.4563981038366144 to the 2^nd Opposite Party by way of dead of assignment executed between them and this fact was intimated by the 1^st Opposite Party letter dated 26.03.2010 to the Complainant and the said letter was filed by the Complainant himself in Ex.A22 along with the letter of the 2^nd Opposite Party.  Therefore it is crystal clear that the 1^st Opposite Party assigned credit card account of the Complainant to the 2^nd Opposite Party. Further, the 1^st Opposite Party filed Ex.B1 series Statement in respect of the above said Complainant’s credit card account for the period 11.04.1999 to 13.08.2001.  In all the statements it has been clearly stated that the Complainant account is overdue. The Complainant did not deny the Ex.B1 statements in respect of his credit card account. Therefore Ex.B1 series proves that the Complainant committed default in the payment of credit card account for the above said period. Further, the 1^st Opposite Party did not intimate to the 3^rd Opposite Party to list the Complainant in the defaulters list and therefore the 1^st Opposite Party has not committed any Deficiency in Service.

          9. The 3^rd Opposite Party engaged in the business of storing, retrieving, compiling, collating, collecting and maintaining a database of credit information relating to the individuals for the use of banks, financial institutions, credit card companies etc. The 3^rd Opposite Party categorically stated that what was fed by the 2^nd Opposite Party, he had listed in the defaulters list and particularly the details reflecting the account no.140665010019015 and previously reflecting for account no.0140665010019015 in the database of the 3^rd Opposite Party is as reported by the 2^nd Opposite Party and he has not committed any Deficiency in Service. Normally the Banking & Financial Institutions send the defaulters list to the CIBIL and that will be displayed by CIBIL in the defaulters list. In the case in hand also the 2^nd Opposite Party only sent the Complainant name to display in the defaulters list and accordingly the 3^rd Opposite Party also done it. Therefore, it is held that the 3^rd Opposite Party has not committed Deficiency in Service in including the Complainant name in the CIBIL list and further there is no privity of contract exists between the Complainant and the 3^rd Opposite Party.

          10. The 2^nd Opposite Party received the Complainant credit card account in his favour by way of assignment deed  dated 09.02.2012 executed by the 1^st Opposite Party to the 2^nd Opposite Party . Admittedly the Complainant is overdue to pay for the credit card used by him as per Ex.B1 series statement to the 2^nd Opposite Party. Though the Complainant would say that he had paid the amount for the period till 2001, he has not filed any proof for the same. Further, he would contend that he lost the proof of payment since it was more than 10 years. If he really paid the amount and he has no due to pay in respect of this credit card as per Ex.B1 series, he would have obtained the statement from the 1^st Opposite Party for proof of payment and filed the same. The Complainant stated in the Complainant itself the CIBIL shown two entries that he had committed default in paying the credit card. The Complainant entirely suppressed the credit card no.4563981038366144 availed from the 1^st   Opposite Party and subsequently it was assigned to the 2^nd Opposite Party. Therefore, it is held that the Complainant in respect of the credit card he has committed default in payment and in view of the same, it is  held that the 2^nd Opposite Party also has not committed any Deficiency in Service.

11. POINT NO :2

          Since the Opposite Parties 1 to 3 have not committed any Deficiency in Service, the Complainant is not entitled for any relief in the Complaint and the Complaint is liable to be dismissed without cost.

          In the result the Complaint is dismissed. No costs.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 03^rd    day of June 2016.

 

MEMBER – II                                                               PRESIDENT

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 29.03.2012	Complainant to Third Opposite Party E-mail
Ex.A2 dated 30.03.2012	Complainant to Third Opposite Party E-mail
Ex.A3 dated 31.03.2012	Complainant to Third Opposite Party E-mail
Ex.A4 dated 02.04.2012	Third Opposite Party to Complainant E-mail
Ex.A5 dated 02.0.2012	Complainant to 3rd Opposite Party E-mail
Ex.A6 dated  04.04.2012	Third Opposite Party to the Complainant
Ex.A7 dated 04.04.2012	Complainant to 2nd Opposite Party
Ex.A8 dated 05.04.2012	2nd Opposite Party to Complainant
Ex.A9 dated 05.04.2012	Complainant to 2nd Opposite Party
Ex.A10 dated 05.04.2012	Third Opposite Party to the Complainant
Ex.A11 dated 05.04.2012	Complainant to 3rd Opposite Party

Ex.A12 dated 06.04.2012         Third Opposite Party to the Complainant

 

Ex.A13 dated 06.04.2012         Third Opposite Party to the Complainant

 

Ex.A14 dated 10.04.2012                   Third Opposite Party to the Complainant

 

Ex.A15 dated 16.05.2012                   Complainant to 1^st Opposite Party

 

Ex.A16 dated 16.05.2012                   Letter by Complainant to 1^st Opposite Party

                                                 RPAD

 

Ex.A17 dated 25.05.2012                   Third Opposite Party to the Complainant

 

Ex.A18 dated 28.05.2012                   First Opposite Party to the Complainant

 

Ex.A19 dated 29.05.2012                 Complainant to 1^st Opposite Party

 

Ex.A20 dated 29.05.2012                  First Opposite Party to the Complainant          

 

Ex.A21 dated 12.07.2012                   First Opposite Party to the Complainant

 

Ex.A22 dated 24.07.2012                   Second Opposite Party to the Complainant

 

Ex.A23 dated 24.07.2012                   Complainant to second Opposite Party

 

Ex.A24 dated  30.05.2012        Complainant to second Opposite Party

 

Ex.A25 dated 06.11.2004                   RBI Notification

 

Ex.A26 dated 02.07.2012                   RBI Notification

 

         

 

LIST OF DOCUMENTS FILED BY THE 1^st  OPPOSITE PARTY:

Ex.B1 dated April 2009                 August 2001	Statement of Accounts
Ex.B2 dated 26.03.2010	Letter issued by the 1st Opposite Party to the        Complainant

LIST OF DOCUMENTS FILED BY THE 3^rd   OPPOSITE PARTY:

Ex.B3 dated 05.02.2013                       E-mail Communication        

Ex.B4 dated 15.05.2012                       E-mail Communication

Ex.B5 dated 19.04.2012                       E-mail Communication      

 

MEMBER – II                                                               PRESIDENT