A.A.K. ApathSakaayam, filed a consumer case on 03 Jun 2016 against Standard Chartered Bank, rep. by Manager, in the North Chennai Consumer Court. The case no is 244/2012 and the judgment uploaded on 12 Jul 2016.
Complaint presented on : 05.10.2012
Order pronounced on : 03.06.2016
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)
2nd 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 03rd DAY OF JUNE 2016
C.C.NO.244/2012
Mr.A.A.K.Apath Sakaayem,
No.14, 1st 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.
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...Opposite Parties |
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Date of complaint : 19.11.2012
Counsel for Complainant : M/S. J.Jayabalan
Counsel for 1st Opposite Party : R & P Partners
Counsel for 2nd Opposite Party : M/S Umapathi ( Ex parte)
Counsel for 3rd 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 1st Opposite Party. He was having credit card issued by the 1st 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 1st 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 3rd 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 3rd 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 3rd Opposite Party on 02.04.2012 that the Account No.0140665010019015 is not belonging to him. The 3rd 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 3rd 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 1st Opposite Party and he did not reply. The 3rd 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 3rd Opposite Party proves that he has committed Deficiency in Service. The 1st Opposite Party never replied to the Complainant for the letter written by him on 29.05.2005 seeking certain particulars. The 2nd Opposite Party also did not furnish the details as sought by him and thereby the 1st and 2nd 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 1st OPPOSITE PARTY IN BRIEF:
The Complainant had settled the entire amount with regard to his credit card to the 1st 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 1st 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 1st Opposite Party had “written off” the amount in its records in December 2000. The 1st Opposite Party as a policy decision sold the said account to the 2nd Opposite Party vide Deed of Assignment dated 9th 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 1st 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 2nd Opposite Party. It is submitted that no negligence or deficiency in service is committed by the 1st Opposite Party and the 1st Opposite Party is not liable to pay any damages to the Complainant. The 1st 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 2nd OPPOSITE PARTY IN BRIEF:
The Complainant availed credit card facility in card No.4563981038366144 from the 1st Opposite Party. The 1st 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 2nd Opposite Party and he is entitled to recover from him. The 2nd Opposite Party after verifying the repayment record, monthly statement and other documents observed that the 1st 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 3rd 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 2nd 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 2nd 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 1st 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 1st Opposite Party in respect of his credit card.
8. The 1st Opposite Party assigned the Complainant credit card account no.4563981038366144 to the 2nd Opposite Party by way of dead of assignment executed between them and this fact was intimated by the 1st 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 2nd Opposite Party. Therefore it is crystal clear that the 1st Opposite Party assigned credit card account of the Complainant to the 2nd Opposite Party. Further, the 1st 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 1st Opposite Party did not intimate to the 3rd Opposite Party to list the Complainant in the defaulters list and therefore the 1st Opposite Party has not committed any Deficiency in Service.
9. The 3rd 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 3rd Opposite Party categorically stated that what was fed by the 2nd 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 3rd Opposite Party is as reported by the 2nd 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 2nd Opposite Party only sent the Complainant name to display in the defaulters list and accordingly the 3rd Opposite Party also done it. Therefore, it is held that the 3rd 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 3rd Opposite Party.
10. The 2nd Opposite Party received the Complainant credit card account in his favour by way of assignment deed dated 09.02.2012 executed by the 1st Opposite Party to the 2nd Opposite Party . Admittedly the Complainant is overdue to pay for the credit card used by him as per Ex.B1 series statement to the 2nd 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 1st 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 1st Opposite Party and subsequently it was assigned to the 2nd 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 2nd 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 03rd 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
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Ex.A2 dated 30.03.2012 | Complainant to Third Opposite Party E-mail
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Ex.A3 dated 31.03.2012 | Complainant to Third Opposite Party E-mail
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Ex.A4 dated 02.04.2012 | Third Opposite Party to Complainant E-mail
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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
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Ex.A7 dated 04.04.2012 | Complainant to 2nd Opposite Party
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Ex.A8 dated 05.04.2012 | 2nd Opposite Party to Complainant
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Ex.A9 dated 05.04.2012 | Complainant to 2nd Opposite Party
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Ex.A10 dated 05.04.2012 | Third Opposite Party to the Complainant
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Ex.A11 dated 05.04.2012 | Complainant to 3rd Opposite Party
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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 1st Opposite Party
Ex.A16 dated 16.05.2012 Letter by Complainant to 1st 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 1st 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 1st OPPOSITE PARTY:
Ex.B1 dated April 2009 August 2001 | Statement of Accounts
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Ex.B2 dated 26.03.2010 | Letter issued by the 1st Opposite Party to the Complainant
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LIST OF DOCUMENTS FILED BY THE 3rd 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
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