Tamil Nadu

North Chennai

CC/327/2018

Subramaniam - Complainant(s)

Versus

American Express Bank - Opp.Party(s)

M/s.K.Kadhiresan

16 Feb 2022

ORDER

Complaint presented on :16.11.2011

                                                                    Date of disposal            :16.02.2022

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (NORTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 600 003.

 

PRESENT: THIRU. J. JUSTIN DAVID, M.A., M.L.                    : PRESIDENT

THIRU. S. BALASUBRAMANIAN, M.A., M.L.          : MEMBER

 

C.C. No.327/2018

 

DATED THIS WEDNESDAY THE 16^th DAY OF FEBRUARY 2022

 

Mr.Subramaniam,

S/o.M.Manoharan,

No.14/15, First Floor,

Krishna Street,

Nungambakkam, Chennai – 34.

                                                                                                     .. Complainant.                                                                               ..Vs..

 

1.American Express Bank,

Rep, by its Manager,

#187, Anna Salai,

Chennai – 2.

 

2. Credit Information Bureau  (India) Ltd,

(CIBIL) Registrar Office at,

Haechst House, 6^th Floor,

193, Backbai Reclation,

Mumbai – 400 021.

                                                                                            ..  Opposite parties.

 

 

Counsel for the complainant                      : M/s. K.Kadhiresan

Counsel for  1^st opposite party                 : M/s.V.Adhivarahan

Counsel for 2^nd opposite party                  : M/s C.Manishankhar       

ORDER

THIRU. J. JUSTIN DAVID, PRESIDENT

          This complaint has been filed by the complainant against the opposite party under section 35 of the Consumer Protection Act, 2019 prays to remove the name of the complainant from the defaulters list, and to pay a sum of Rs.1,00,000/- and  cost of this proceedings.

This complaint was originally filed before the District Commission, Chennai (South) and taken on file in C.C. No.333/2011.  Thereafter, the said complaint has been transferred to this Commission as per the proceedings of the Hon’ble S.C.D.R.C. and taken on file as C.C. No.327/2018.

1.THE COMPLAINT IN BRIEF:

           The complainant have SB Account in the State Bank of India and he approached the said Bank Manager for getting Home Loan. The complainant submitted Bank passbook and other documents to the said Manager. The Bank Manager had verified all the documents and told the complainant that he is eligible for getting loan and he also informed that his name stands in the defaulters list of the CIBIL so they unable to grant the Home Loan. The complainant wrote the letter to the 2^nd opposite party to disclosed the details of the debt which are pending against the complainant for which the 2^nd opposite party send the details of the complainant. In the details it was mentioned that the complainant had Account No.3292953 in the 1^st opposite party’s Bank and the Current Balance is Zero. The complainant requested the 1^st opposite party’s Bank Manager to give the details of the pending loan against him if any. But the 1^st opposite party’s bank manager refused to give any details of the loan and stated that he has to repay the alleged loan amount immediately otherwise legal action will be taken against him. Due to bank’s illegal activities, the complainant has put to severe mental agony and untold hardship and for that the opposite party has to compensate the complainant. Hence this complaint.

2.WRITTENVERSION FILED BY THE 1^st OPPOSITE PARTY IN BRIEF:

           At the outset that the 1^st oppositeparty denies all the allegations and averments in the cocmplaint save those that are specifically admitted herein puts the complaint to Strict Proof of each contention made by him. The complaint is false, frivolous, vexatious and not maintainable either in law or on facts. One Mr.M.Saravannan from Chennai had approached the 1^st opposite party Bank for an Ameerican Express Platinum Credit Card and had also applied for a supplementary credit card for his brother Mr.M.Subramanian (the complainant). The terms and conditions associated with the card clearly states that “Information concerning your account may be furnished by us to consumer reporting or reference schemes, banks, credit bureaus or other creditors”.  Mr.M.Saravanan, after using the credit card facility, defaulted in making payments on his American Express Platinum credit card (“Basi Card”) and the bank had furnished information regarding the same to the Credit Information BureauIndia Ltdlk “CIBIL”. Since the complainant is a supplementary card holder his details were also forwarded and the ownership status has been shown as Äuthorized User”and current balance is shown as zero. Also in view of the fact that the amount outstanding on the account is pertaining to transactions done by the basic card-member. The 1^st opposite party also informed CIBIL to remove the status indicator in the complainant’s CIBIL report from “Written Off” to “Null”). The relationship between the complainant and this opposite party arose by virtue of the Platinum Credit Card subscribed to by the Primary Card Holder, Mr.M.Saravanan. This opposite party is a Bank with its principal office in Delhi and a place of business at Gurgaon, Haryana. Hence, as per the terms and condition as applicable to every American Express Credit holder, only the courts in Delhi have exclusive jurisdiction to try any disputes arising between the parties. The complainant, being a supplementary card Holder is also bound by the said clause. The complaint is, therefore, liable to be dismissed in limini by this Hon’ble Forum.

03. WRITTENVERSION FILED BY THE 2^nd  OPPOSITE PARTY IN BRIEF:

          The 2^nd opposite party states the Credit Information companies (Regulation) Act, 2005 was promulgated on 23^rd June, 2005  being Act No.30 of 2005 which had come into effect on and from 14^th December, 2006. The 2^nd opposite party states that having regard to the said Act of 2005  and the rules made there under and under the said regulations framed by RBI, Credit Information Companies do not require any consent or permission of Borrower/customer in the matter of exchanging information with the banks and Financial Institutions. The opposite party further states that due to the dilution of the customers confidentiality clause occurring in different enactments by way of the aforesaid amendments thereof, said information can be disseminated as per the provisions of the CICR Act and the rules made there under and under the said regulation framed by RBI. Hence in view of the same the complainant cannot find fault with this opposite party for performing their statutory duties of maintaining the complainant’s credit information as reported by the credit institutions including 1^st opposite party. This opposite party is not empowered by the CICR Act to make any individual verification and are bound to reflect the information as  provided by the credit institutions/banks as explained in the paragraphs above. The credit information provided by its various members and, consequently, 2^nd opposite party is not responsible for the accuracy, completeness and veracity of any and all information provided to the 2^nd opposite party by the and all information provided to the 2^nd opposite party by the member banks and financial institutions. Hence, this complaint is not maintainable against this opposite party and has to be dismissed.

04. POINTS FOR CONSIDERATION:

1.Whether there is deficiency in service on the part of the opposite parties?

2. Whether the complainant is entitled for the reliefs as claimed in the complaint?

3. To what other reliefs the complainant is entitled?

05. POINT NO :1 & 2

          The complainant approached the SBI Bank for Housing Loan and the Manager verified the documents and find that the complainant is not eligible for loan because the name was found in the defaulter list of the CIBIL, that the complainant on verification found that he had an account with the 1^st opposite party branch and the current balance is zero, that the 1^st opposite party Bank refused to give any details of loan and the same caused mental agony to the complainant.

          06. The 1^st opposite party contended that one Mr. Saravanan from Chennai approached the 1^st opposite party bank for a Americaian Express Platium Credit Card and had also applied for a supplementary credit card for his brother M.Subramaniam, that Mr.M.Saravanan after using the credit card facility defaulted for making payment on its American Express Bank Credit Card and the same is informed in CIBIL and since the complainant is a supplementary card holder the details were also forwarded and the ownership status shown as an unauthorized user and the current balance is shown as zero, that in view of the fact that the amount outstanding account is pertaining to transaction done by the basic card holder the 1^st opposite party also informed CIBIL to remove the status indicated in the complainant CIBIL report from written off to and thereafter there is no deficiency in service on the part of the opposite party.

          07. The complainant has not availed any loan from the 1^st opposite party but his brother M. Saravanan approached the 1^st opposite party Bank for Platinum Credit Card and also applied for a supplementary credit card for his brother M.Subramaniam. the said Mr. Subramaniam is the complainant in this case. Since Mr.Saravanan defaulted in making the payment, the supplementary cardholder’s details also were forwarded and the  CIBIL mentioned the complainant account No.3292953 the 1^st opposite party Bank and the current balance is zero.

          After availing this complaint the 1^st opposite party filed a Memo as follows:

“It is respectfully submitted that initially, the status (Written Off) of the prime card holder, Mr. Saravanan brother of the Complainant, was shown against the complainant , being an add on cardholder. Upon noting that the add on card holder has not done any transactions using the card, the 1^st opposite party has informed the 2^nd Opposite party (CIBIL) to remove the status indicator in the Complainant’s CIBIL report from “Written Off” to “Null”. The same has been updated. It is respectfully submitted that from the counter affidavit filed by the 2^nd Opposite Party (CIBIL) it is clearly seen that after request was made to remove the status indicator in the Complainant’s CIBIL report from “Written Off” to “Null” by the 1^st Opposite party, the 2^nd Opposite Party has immediately made the requested changes to the account of the Respondent/Complainant as early as on 16.01.2012 and the current status reflects the same. It is respectfully submitted that the Complainant has himself agreed with the 1st Opposite Party Bank that his grievance has been redressed. It is most humbly submitted that nothing survives in the Complaint and the same may be closed” therefore the complainant’s grievance has been rectified by the 1^st opposite party bank and the complainant name is removed from the CIBIL.

Further, the 2^nd opposite party also filed a Memo stating the name of the 2^nd opposite party has been changed as transfer Union CIBIL Limited. The 2^nd opposite party filed a memo on 01.06.2017 but the complainant has not taken any steps to amend the name of the 2^nd opposite party.

          08. The 2^nd opposite party clearly stated what circumstances the complainant details were mentioned in the defaulter clause maintained by the CIBIL and the same was rectified. Therefore there is no deficiency in service on the part of the opposite party and the complainant is not entitled for any reliefs as claimed in the complaint.

09. POINT NO :3

          Since the opposite parties have not committed any deficiency in service, the complainant is not entitled for any relief as prayed and the complaint is liable to be dismissed.

          In the result this complaint is dismissed. No Costs.    

Dictated  by the President to the Assistant taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Commission on this the 16^th day of February 2022.

 

MEMBER – I                                                                PRESIDENT

 

 

LIST OF DOCUMENTS MARKED ON THE SIDE OF COMPLAINANT:

Ex.A1 dated 22.10.2009          Details of Credit Information Report send by the 2^nd opposite party to the complainant          

 

Ex.A2 dated 17.11.2009          Details of Credit Information Report send by the 2^nd opposite party to the complainant

 

LIST OF DOCUMENTS MARKED ON THE SIDE OF 1^st OPPOSITE PARTY:

 

Ex.B1 dated 27.08.2014          Power of Attorney Executed American Express Banking Corp. to Mr.C.Sudhakar and Mr.Rajesh Muthu

 

 

LIST OF DOCUMENTS MARKED ON THE SIDE OF 2^nd OPPOSITE PARTY:

 

                                                …….. NIL …..

                                               

                                               

MEMBER – I                                                               PRESIDENT