Chandigarh

DF-II

CC/605/2014

Sandeep Bharti - Complainant(s)

Versus

The Manager CITI Bank - Opp.Party(s)

In Person

12 Aug 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	605/2014
Date of Institution	:	25.11.2014
Date of Decision	:	12/08/2015

 

                       

                  

 

Sandeep Bharti, House No.710, Sector 11, Panchkula, Haryana-134109.

                   ...  Complainant.

Versus

 

1.   The Manager, Citi Bank, SCO No.132/133/134, Sector 9-C, Madhya Marg, Chandigarh-160017.

 

2.   The Managing Director, Citi Bank, Citi Bank N.A., Mail Room, No.2, Club House road, Chennai-600002.

…. Opposite Parties.

 

BEFORE:   SHRI RAJAN DEWAN, PRESIDENT

SHRI JASWINDER SINGH SIDHU, MEMBER

SMT.PRITI MALHOTRA, MEMBER

 

Argued by: Complainant in person.

Sh.Sourabh Sharma, Proxy Counsel for Ms.Sukanya Vashiht, Counsel for OPs.

 

PER RAJAN DEWAN, PRESIDENT

1.      In brief, the case of the complainant is that he applied for a home loan from ICICI Bank but due to a dispute raised by the OPs, his application for the loan was rejected. The OPs were demanding Rs.1,37,731/- towards the outstanding dues on the credit card as available on CIBIL web portal. A copy of the CIBIL report is Annexure-I. It has been averred that he had never applied for the credit card of the OPs and an executive of the OPs had taken some documents from him for some other purpose and he used the same fraudulently to issue the credit card in question.  He raised the issue with the payment team of the OPs but got no positive response.  Subsequently, he also wrote a letter dated 16.10.2014 to the OPs but to no effect.  He also filed a complaint regarding the same with the OPs and received an e-mail from OPs requiring him to provide his details.  It has further been averred that the OPs have not taken any action on his complaint. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the opposite parties, the complainant has filed the instant complaint.
2.      The OPs in their written statement stated that as per the records maintained by them on 27.09.2011 an online application (Annexure OP-1) for availing the credit card facility was received from the complainant having date of birth 03.07.1986 and PAN card No.ALKPB2047D.  It has further been pleaded that while applying for the credit card facility of the OPs online, the personal details of the customer in the application form were duly filled by the customer himself without any assistance from the Bank. It has further been pleaded that on physical verification of the application form, the officials of the OPs met the customer and collected a passport size photograph and a copy of the D.L. as a proof of his identity. After fulfilling the formalities, the customer was issued the credit card bearing No.4386 2892 1516 2566.  It has further been pleaded that the customer had defaulted in making the payment of Rs.1,37,731/- towards his credit card account and consequently, the OPs were constrained to report his credit card details with Credit Information Bureau India Ltd. (CIBIL) in accordance with the Credit Information Companies (Regulation) Act, 2005 and RBI guidelines.  It has been admitted that on 25.09.2014, the complainant contacted the OPs via e-mail and raised dispute with regard to the credit card in dispute.  It has further been pleaded that the OPs vide e-mail dated 01.10.2014 requested the complainant to provide them certain documents, which he failed to submit due to which they were unable to trace and investigate the alleged fraud.   It has further been pleaded that the details of the customer of the OPs,Mr.Sandeep Bharti s/o Sh.Sheshnath completely matched with the details of the complainant which in turn raised a suspicion with regard to the identity of the customer of the OPs.  The remaining allegations were denied, being false. Pleading that there is no deficiency in service on its part, a prayer for dismissal of the complaint has been made.

 

3.      We have heard the complainant, in person, Counsel for the OPs and have gone through the documents on record.
4.      During the course of the arguments i.e. on 29.07.2015, the Counsel for the OPs has submitted that  the OP-Bank has already settled the account of the complainant and also written a letter to the CIBIL.  The Counsel for the complainant also pressed the prayer clause for compensation for mental agony and litigation charges only. Since the OPs have already settled the account of the complainant and written a letter to the CIBIL for the removal of the name of the complainant from the list of the defaulters and, therefore, now the complainant is required to be compensated for the harassment and mental agony undergone by him at the hands of the OPs.  Had the OPs redressed the genuine grievance of the complainant before filing of the complaint then the position certainly would have been different but they failed to do so. Keeping in view overall facts and circumstances of the case, we are of the considered view that the ends of justice would be met if the complainant is awarded a sum of Rs.10,000/- on account of mental agony and physical harassment besides  Rs.5,500/- as litigation expenses. We order accordingly.
5.      In view of the foregoing discussion, the complaint is allowed. The opposite parties are directed as under ;-

1. To pay a sum of Rs.10,000/- to the complainant as compensation for mental agony and physical harassment.
2. To pay a sum of Rs.5,500/- as costs of litigation.

This order be complied with by the Opposite Parties, within 45 days from the date of receipt of its certified copy, failing which the amounts at Sr.No(i) above shall carry interest @9% per annum from the date of this order till actual payment besides payment of litigation costs.

6.      Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

12/08/2015

Sd/-

(RAJAN DEWAN)

PRESIDENT

 

Sd/-

(JASWINDER SINGH SIDHU)

MEMBER

 

Sd/-

(PRITI MALHOTRA)

MEMBER