Delhi

East Delhi

CC/680/2013

SANDEEP DARIBARI - Complainant(s)

Versus

STANDARD CHARTERED BANK - Opp.Party(s)

25 Oct 2013

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, SAINI ENCLAVE, DELHI-92

CC  No.680/2013:

In the matter of:

Sh. Sandeep Darbari

R/o. D-162, Anand Vihar,

Delhi – 110 092

          Complainant

Vs

Standard Chartered Bank

Enkay House, Ground Floor,

3 – 4, Malcha Marg Shopping Complex,

Diplomatic Enclave,

New Delhi – 110 021

                                                                                            Respondent

 

                                                                                           Date of Admission - 16/08/2013

                                                   Date of Order          - 13/01/2016

ORDER

Poonam Malhotra(Member):

The brief facts of the present complaint are that in the year 1998 the complainant used a Standard Chartered Bank Credit Card with No. 5473598250021417 and a bill of Rs.21,500/- was raised by the respondent.  It is alleged by the complainant that in response to a letter dated 13/02/1998 issued by the respondent he paid Rs.17,000/- on 17/02/1998 vide Receipt No.22344 dated 17/02/1998 in full & final settlement of the account. The complainant was surprised when in the month of October, 2012 he applied for a Home Loan and the same was rejected by the bank on the ground that he was reflected as a defaulter in the CIBIL Report and some dues were outstanding against him.  The complainant immediately obtained the CIBIL Report online and was shocked to find that Rs.15,10,514/- were outstanding against Account No.10167190004010 of the respondent.  Complainant alleges to have written a letter to the respondent bank dated 03/10/2012 for verification of the said facts.  Vide letter dated 09/11/2013 the respondent conveyed to the complainant that the outstanding dues were of Rs.16,59,949.98/- and vide e-mail dated 11/12/2013 it was informed by the respondent that there were outstanding dues of Rs.17,11,267.12/- pertaining to a credit card which has been permanently invalidated.  Repeated e-mails and letters were written by the complainant to the respondent to update their records and also the records of the CIBIL but in vain.  The CIBIL expressed its inability to delete the name of the complainant from the list of defaulters for want of instructions from the respondent.  The respondent is now showing Rs.19,97,277.58/- as the outstanding balance against the complainant and it is alleged that it is asking the complainant to settle the matter at a lesser amount.   It is in these circumstances that the complainant has prayed for directions to quash the illegal and arbitrary demand of Rs.19,97,277.58/- and issue NOC to the complainant. He has further prayed for directions to the respondent to give instructions to the CIBIL to delete his name from the list of defaulters. He has also prayed for compensation of Rs.18,00,000/- and litigation cost of Rs.20,000/-.

            In response to the notice served upon the respondent it appeared but did not file any written statement. Case proceeded exparte against it.

Evidence by way of Affidavit filed by the complainant in support of his case.

            Heard and perused the record.

Before going into the merits of this case, the preliminary issue with regard to the pecuniary jurisdiction of this Forum to entertain the present complaint needs to be decided though the same has not been raised by the respondents as they have been proceeded exparte in the case in hand.  The provision with regard to the pecuniary jurisdiction of a District Forum is contained in Section 11(1) of the The Consumer Protection Act, 1986. The mandate of Section 11 of the The Consumer Protection Act, 1986 is that it is the duty of the Court not to entertain any suit irrespective of the fact that lack of pecuniary jurisdiction has not been set up as a defense or the case has been proceeded exparte against the respondent/s.  If a suit cannot be entertained by a Court for want of pecuniary jurisdiction it has no choice but to dismiss the same even if the respondent has not challenged the pecuniary jurisdiction of the District Forum. In the present complaint it is evident from the copies of the letters of the respondent dated 05/05/2013 & 14/05/2013 addressed to the complainant and filed on record by him that the total outstanding dues against the complainant are Rs.19,97,277.58/-.   The complainant has prayed for quashing of this illegal and arbitrary demand of Rs.19,97,277.58/- together with Rs.18,00,000/- as compensation to him besides other reliefs.  If we look to Section 11 of the The Consumer Protection Act, 1986, the language is very simple and clear.  Jurisdiction upto Rs.20 Lakhs consists of the value of goods or services and compensation, if any, claimed only.  Taking together the prayer for quashing the illegal and arbitrary demand of Rs.19,97,277.58/- and direction to the respondent for payment of compensation of Rs.18,00,000/- to the complainant, the amount of relief claimed is well beyond Rs.20 Lakhs, the limit of Pecuniary Jurisdiction of the District Forum as provided for in the The Consumer Protection Act, 1986. From the above, an inference is drawn that this Forum has no Pecuniary Jurisdiction to entertain the present complaint.

Taking into consideration the detailed discussion and observations made supra, we are of the view that the present complaint is beyond pecuniary jurisdiction of this Forum and is not triable before this Forum.  We direct this complaint be returned to the complainant  for presentation before the Hon’ble State Commission which has the pecuniary jurisdiction to entertain the cases up to the value of Rs. 1 Crore, if so advised.

Copy of the order to be sent to both the parties as per rules.

 

 

(Dr.P.N. Tiwari)                                  (Poonam Malhotra)                                    (N.A. Zaidi)

          Member                                                        Member                                                           President