Order No.                 .

This is an application u/s.12 of the C.P. Act, 1986.

          Complainant Raj Kumar Jaiswal by filing this complaint has alleged that he was a credit card holder having card no.4129 0576 9000 9780 of the OP Bank.

          During the year the amount due as per credit card statement of the Bank was Rs.82,957-90 and on 05-12-2000 a settlement was arrived at in between the parties of this case and both the parties agreed to accept the said settlement condition as full and final settlement and Bank Authority offered as per settlement to pay Rs.60,000/- finally to be paid in 6 monthly instalments.  Accordingly, settlement letter was received by the complainant and complainant paid Rs.60,000/- but there was some delay for the said payment by a few months.

          After that OP Bank did not send any letter or any further demand so complainant was under impression that on payment of said Rs.60,000/- the outstanding amount was settlement against his credit card and it has been fully and finally satisfied.

          But during September, 2011 complainant came to learn that his name has been already enlisted in the list of Credit Information Bureau (India) Ltd. commonly known as CIBIL and to utter surprise of the complainant about purported claim of astronomical sum of Rs.12,26,331/- has been showing as outstanding against the complainant and such amount was showing as ‘written off’.

          Fact remains complainant sanctioned limit for the credit card was Rs.80,000/- only and out of this after settlement the amount was fixed Rs.60,000/- that was paid by the complainant by six different cheques and receipts granted by the OP Bank.

          So, such an arrear of Rs.12,26,331/- amounts to extortion from the complainant by the OP Bank though settlement had already been arrived by Bank Authority on receipt of Rs.60,000/- so there shall not be any arrear or dues.  But after expiry of 11 years how the Bank can claim such an amount. 

          After observing that list on 02-10-2011 the complainant addressed one letter to the OP Bank inquiring why his name were included in the list of CIBIL and prayed for removal of the same.  On 07-10-2011 the OP Bank by email replied the said letter informing that amount payable against the said credit card did not transfer/assign in favour of one Shah Finlease Pvt. Ltd. and at any rate such transfer of purported claim against the complainant’s consent and knowledge has got no legal sanctity and illegal and void ab initio. 

          Complainant has asserted that OP Bank is duty bound to clear the outstanding to delete his name from the list of CIBIL and such demand is not only illegal but also for such an act the main object of the OP is to demand further amount and to charge income tax etc.

          In the above circumstances, complainant has prayed for removal of his name from the defaulter list of CIBIL and also prayed for compensation and in similar case Delhi Consumer Forum directed the Standard Chartered Bank to pay fine of Rs.1 lakh and to remove the name of the complainant therefrom from the list of CIBIL.

          On the other hand, the OP by filing written statement submitted that all the allegations are baseless and without any foundation and there was no negligence on the part of the OP and it is further submitted that the Op had sold the credit card account bearing No.4129 0576 9000 9780 of the complainant to Shaha Finlease Pvt. Ltd. by virtue of an assignment agreement dated 09-02-2010 and further submitted that the present claim is not maintainable and prayed for dismissal of the same. 

Decision with Reasons

After hearing the Ld. Lawyers of both the parties and also considering the vital document settlement of account letter it is found that complainant was given a liberty after settlement in between the complainant and the OP Bank to pay only Rs.60,000/- out of all outstanding arrears and as per settlement complainant was asked to pay Rs.10,000/- each within the period from 19-12-2000 to 18-05-2001 and from the said settlement agreement it is found that complainant was compelled to pay said Rs.60,000/- as settlement amount by 18-05-2001 but actually complainant ultimately said Rs.60,000/- on 25-06-2002 i.e. long after one year.  But as per settlement agreement clause it is found that the complainant somehow or otherwise failed to comply the settlement clause and, thereafter, when complainant paid the same by 25-06-2002 as creditor OP received the same from the debtor the present complainant and it is also proved that even after settlement complainant failed to pay within stipulated period on 18-05-2001.  So, invariably by paying that Rs.60,000/- after stipulated period after 18-05-2001 complainant is found further defaulter.  But most interesting factor is that complainant paid that amount after one year from the stipulated date of 18-05-2001 i.e. on 26-06-2002 but thereafter, complainant was silent and fact remains complainant did not try to take their NOC certificate or closure certificate in respect of said account and he was sitting idle to convince this Forum that for the first time he came to learn in the month of September, 2011 that his name has been in the Credit Information Bureau (India) Ltd. (CIBIL) list and outstanding balance is shown as Rs.12,26,331/-.  Fact remains it is completely false plea that he came to learn in the month of September, 2011 because it is the duty of the credit card holder if the payment is made, to take a NOC about any final settlement but that has not been taken by the complainant for the last 11 years before filing of the complaint and at the same time the name of the complainant was in the CIBIL list after settlement when complainant failed to pay the total settlement amount of Rs.60,000/- by 18-05-2001 and it was within the knowledge of the complainant so complainant did not seek any NOC from the OP Bank but fact remains in the meantime it was increased and OP Bank has also reported that they sold his said credit card to Shaha Finlease Pvt. Ltd. in the month of February, 2010 by virtue of an assignment agreement dated 09-02-2010 then invariably in view of the above position at present in respect of that credit card OP Bank has no liability and fact remains complainant ought to have filed this case against Shaha Finlease Pvt. Ltd. and at present i.e. from 09-02-2010 complainant is not a consumer under the OP.  another factor is that OP Bank has not denied the full payment of Rs.60,000/- after one year delay and practically has not stated in their written version whether they received it as delayed payment or they received it as creditor from the debtor.  But as per provision of Contract Act where debtor has not exercise the above as per settlement agreement, the right to property shall automatically divide upon the creditor and creditor can exercise it at any time for realization of the unpaid amount.  But in the present case OP Bank has not asserted that complainant is a defaulter and some amount is further required to be paid by the complainant and in the written version there is no such whisper also.  So, considering that fact we are convinced to hold that the present complainant in the eye of the OP Bank is not a defaulter and when that is the fact then under what circumstances OP can sell credit card account of the complainant to Shaha Finlease Pvt. Ltd. and practically in the written version OP Bank has not claimed any dues from the complainant up to 09-02-2010 i.e. on the date of selling the credit card of the complainant to Shaha Finlease Pvt. Ltd.  Fact remains the cause of action arose when OP sold the credit card of the complainant to Shaha Finlease Pvt. Ltd. on 09-12-2010 and it is also proved that M/s. Shaha Finlease Pvt. Ltd. might have reported the matter to CIBIL and the name of the complainant was enlisted thereafter, and subsequently complainant came to learn his status in the CIBIL list but OP has stated that complainant’s knowledge as dawn is not a fact. 

          Considering the above of aspects we are convinced to hold that OP Bank had no authority to sell the credit card of the complainant by virtue of an assignment agreement dated 09-02-2010 and before sale no intimation was sent to the complainant about such transaction in between OP and Shaha Finlease Pvt. Ltd. and in view of the above circumstances we are convinced to hold that practically complainant came to learn about the CIBIL list only in the month of September, 2011 and there is sufficient ground on the part of the complainant to file this complaint when the entire act has been done by the OP by transferring the deed credit card in respect of which settlement had already been made in the year 2002.  In the above situation we are convinced to hold that there is no question of further payment of the complainant to the OP or any subsequent purchaser of invalid credit card i.e. M/s. Shaha Finlease Pvt. Ltd.

          Anyhow it is proved that Standard Chartered Bank did not adopt fair practice and it is to be mentioned in this regard that for last 11 years from 2002 OP never demanded any money from the complainant against the credit card so alleged creditor OP has no legal right to demand any further amount from the complainant as per provision of law of limitation and also u/s.24A of the C.P. Act.  Similarly complainant is found very lazy but truth is that for the overact of the OP Bank particularly name of the complainant was enlisted in the CIBIL after selling the cancelled credit card of the complainant after assignment settlement of the transaction finally in the year 09-02-2010 to M/s. Shaha Finlease Pvt. Ltd. and that act is no doubt unfortunate and uncalled for.  In the above situation we are convinced to hold that complainant is entitled to a relief against the OP Bank because OP Bank wrongly illegally sold the credit card in respect of which OP had no claim till 09-02-2010.  In the above situation the complaint succeeds but under any circumstances complainant is not entitled to any compensation because laches was on the part of the complainant.

Hence,

Ordered

That the complaint be and the same is allowed on contest with a cost of
Rs.2,000/- against the OP and OP Bank is directed to treat the credit card account bearing no. 4129 0576 9000 9780 of the complainant as a cancelled card since 2002 and on the basis of that cancelled card other OP or his transferee shall not be able to claim any amount whatsoever in future and OP or his transferee shall not be liable to get any relief against the complainant against the complainant in any court of law.

          Further OP is directed to issue no objection certificate in favour of the complainant and take such step to delete the name of the complainant from CIBIL within one month from the date of this order failing which for disobeyance of the Forum’s order OP shall be imposed a penalty of Rs.25,000/- (Rupees Twenty Five thousand only) and which shall be paid by the OP from the date of the non-compliance of the order but the present order shall be complied by the OP positively within one month from the date of this order failing which penal action shall be taken against OP Bank for which further a penalty may be imposed.

Dictated & Corrected

      by me