Jharkhand

Bokaro

CC/18/160

Shahmohamad - Complainant(s)

Versus

The Branch Manager, Bank of Baroda - Opp.Party(s)

Amardeep Jhaa and Poonam

04 Jan 2024

ORDER

District Consumer Disputes Redressal Commission, Bokaro

Date of Filing-26-12-2018

Date of final hearing-04-01-2024

 Date of Order-04-01-2024

Case No. 160/2018

Shahmohamad S/o Md. Quamuddin Ansari,

 R/o Q.No. 2406, Street-26, Sector-8/B , P.O.-Sector-9

P.S.- Harla, Dstrict Bokaro, Jharkhand

                                      Vrs.

1. The Branch Manager, Bank of Baroda, Bokaro,

Main Branch, Sector-4, P.O. & P.S.- Sector-4,

Disrtict- Bokaro, Jharkhand

2. Regional Manager, Bank of Baroda,

Surya Bhawan, Main Road, Bistupur,

Jamshedpur, Jharkhand

3. Credit Information Bureau India Ltd.

Offce at- One Indiabulls Centre, Tower 2A,

19.  

Mumbai-400013 Maharashtra

Present:-

                             Shri Jai Prakash Narayan Pandey, President

Shri Bhawani Prasad Lal Das, Sr.Member

                  

PER- J.P.N Pandey, President

-:Order:-

1. Complainant has filed this case with prayer to direct the O.Ps. to rectify the defects arised in their records and rectify the present status of the complainant in all their book of account, ledger, statement and also upload the status in the website and to direct the O.Ps. to pay Rs. 50,000/- as compensation, Rs. 10,000/- as litigation cost to the complainant.
2. Complainant’s case in brief is that he is bonafide consumer of O.P. No.1 & 2 who on request of employees of Bank of Baroda, Bokaro Branch obtained credit card and started to operate it. Further case is that during operation of credit card he used it at one occasion but bank demanded access amount unreasonably showing utilization of said card at different occasions. Further case is that inspite of raising grievance before the authority concerned matter was not solved, hence he surrendered and deposited the credit card before O.P. No.2 and later on during full and final settlement with O.P. No.1 & 2 he deposited Rs. 18,000/- on 09.05.2005 before O.P. No.1 and obtained its receipt. In the year 2018 when complainant applied for loan then on the ground of poor CIBIL Score loan facility was not provided  to him, hence legal notice was served against O.Ps. however O.P. No.3 replied that defect has been rectified related to CIBIL status but it was found that it has not been rectified, hence this case has been filed.
3. O.P. No.1 & 2 have filed W.S. mentioning therein that case is time barred hence liable to be dismissed and complainant has used the credit card several time to purchase the things through that very card as it is apparent from the statement of the account. Further reply is that on 09.05.2005 complainant compromised the matter with bank and made payment as full and final payment and it is reflecting in the account statement of the bank however CIBIL Score is not being maintained by these O.Ps. hence case is liable to be dismissed.
4. Reply of O.P. No.3 is in short that this O.P. is only maintaining the record on the basis of the records of the bank maintained in the bank and except it, this O.P. is having no concerned with the case. As per Section 18  and 31 of CICRA the dispute is required to be settled by Arbitration and no Court or Authority is having jurisdiction to entertain it except the Supreme Court and High Court under Articles 32, 226 and 227 of the Constitution, in relation to the matters referred to in sections 4, 5, 6, 7 and 18. Hence it is submitted that this Commission is having no jurisdiction and case is liable to be dismissed. Further reply is that as per record card has been closed on 12.11.2005 with a status of wilful default , hence from the date of closer of the account case was required to be filed within 2 years till the year 2007 but it has not been filed. Hence it is prayed to dismiss the case.
5. Point for determination is whether complainant is able to prove his case for grant of relief as prayed.
6. On careful perusal of the record it is very much clear that the fact related to issuance of credit card and its use is not in dispute. At para 7 and 8 of the complaint petition complainant himself has admitted the fact that matter was settled between the parties and after settlement payment was made on 09.05.2005 by the complainant. This fact alone shows that complainant has admitted the fact related to default in payment of the credit card facility utilized by him.
7. Since the payment was made on 09.05.2005 hence it was for the complainant to check the CIBIL score at that very time but it was not done rather after lapse of more than 13 years period this case has been filed on 26.12.2018 which is hopelessly time barred.
8. Since after compromise related to use of the credit card facility complainant has deposited the settled amount of Rs. 18,000/- on 09.05.2005 hence he has admitted the fact regarding wilful default in making payment of loan obtained from O.P. Bank through use of credit card. Hence complainant cannot go beyond it. Record shows that there is no any evidence to show that there is no any default in making payment of the amount utilized through the credit card.
9. Therefore, in light of above discussion we are of the view that complainant has not proved his case for grant of relief as prayed rather case is hopelessly time barred and liable to be dismissed. Accordingly this case is being dismissed with cost.

Sd/-

(J.P.N. Pandey)

                                                                                      President

 

Sd/-

(B.P.L Das)

   Sr. Member