BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,

ERNAKULAM.

Date of filing : 19/06/2012

Date of Order : 30/01/2013

Present :-

Shri. A. Rajesh, President.

Shri. Paul Gomez, Member.

Smt. C.K. Lekhamma, Member.

C.C. No. 363/2012

Between

And

O R D E R

A. Rajesh, President.

1. The facts of the complainant’s case are as follows : -

The complainant availed a credit card of the opposite party on 13-01-2004. The complainant had been holding the credit card till March 2007. The complainant surrendered the credit card by paying Rs. 5,700/- on 23-05-2007 towards full and final settlement of the credit card account. Whereas due to an inadvertent omission on the part of the complainant, the cheque issued to the opposite party was dishonoured. The complainant paid the amount as per the cheque to the opposite party on 17-04-2007. While so in February 2012, the complainant applied for renewal of over draft account with Syndicate Bank, Thoppumpady Branch. The said Bank intimated the complainant vide their letter dated 18-06-2012 stating that they are unable to process the overdraft account since the complainant’s name appears as a defaulter whose debts amounting to Rs. 2,01,263/- is shown as written off by Credit Information Bureau (India) Limited. The complainant reliably learnt that it is the opposite party who had made the complainant as a defaulter before Credit Information Bureau (India) Limited. Due to the illegal acts of the opposite party, the complainant could not renew or enhance or operate his overdraft account with the Syndicate Bank. Thus, the complainant is before us seeking direction against the Credit Information Bureau (India) Limited and withdraw the information showing the complainant as a defaulter in the credit card of the opposite party and also seeking direction against the opposite party to pay a compensation of Rs. 4 lakhs and Rs. 10,000/- towards costs of the proceedings. This complaint hence.

2. The version of the opposite party is as follows :-

A credit card of the opposite party was issued to the complainant on 13-01-2004. The opposite party was a defaulter with respect to the payment of credit and dues. However, at the request of the complainant a one time settlement was offered to the complainant on 12-03-2007. Accordingly, the complainant issued a cheque dated 25-03-2007 on 12-03-2007. But the cheque was dishonoured. So, the settlement terms and conditions of the settlement letter had broken. So, the amount received on 17-04-2007 was not towards the full and final settlement of the credit card amount. The amount payable as on date is Rs. 2,27,783.85, since the complainant has not paid the same in time, so it reflected in the CIBIL. There is no negligence or deficiency in service on the part of the opposite party. The complaint is devoid of any merit and is liable to be dismissed.

3. The complainant was examined as PW1 and Exts. A1 to A4 were marked. Neither oral or documentary evidence was adduced by the opposite party. Heard the counsel for the parties.

4. The points that came up for consideration are as follows :-

1. Whether the complainant is entitled to get his name removed from the list of the Credit Information Bureau (India) Limited?

2. Whether the opposite party is liable to pay compensation and costs of the proceedings to the complainant?

5. Point No. i. :- It is not in dispute that the complainant had been holding credit card of the opposite party, till he issued a cheque dated 25-03-2007 for Rs. 5,700/- to the opposite party towards full and final settlement of the credit card account. It is also not in dispute that the cheque was dishonoured and the complainant paid the amount as per the cheque on 17-04-2007 evident from Ext. A2 receipt. According to the complainant, his name is appearing in the Credit Information Bureau (India) Limited list as written of account and so the Syndicate Bank refused to grand loan. The opposite party maintains that since the cheque dated 25-03-2007 was dishonoured the terms and conditions of the settlement had been broken.

6. Admittedly, the opposite party received the settled amount as per the cheque on 17-04-2007. Thereafter, the opposite party did not send any letter or notice to the complainant demanding any amount in the credit card account. Ext. A4 report of the Credit Information Bureau (India) Limited goes to show that an amount of Rs. 2,01263/- had been written off with regard to a credit card account. However, the name of the opposite party or the number of the credit card did not find a place in Ext. A4. However, the opposite party in their version stated that the amount payable in the credit card account is Rs. 2,27,783.85 aggregate. Even if that be so, the complainant is entitled to get the said entry removed from the list of Credit Information Bureau (India) Limited for no specific reasons or statute stated.

7. Point No. ii. :- Since the name of the opposite party is not stated in Ext. A4, we are not in a position to find any deficiency in service on the part of the opposite party. Therefore, we refrain from awarding compensation and costs of the proceedings to the complainant.

8. To set things right, we pass the following order :-

1. The opposite party shall issue a certificate to the complainant stating that the complainant is not liable to pay any more amount in the credit card account.

2. The opposite party shall take steps to remove the transaction, if any in connection with the credit card account of the complainant, if such an error has occurred in the list of Credit Information Bureau (India) Limited.

The order shall be complied with, within a period of one month from the date of receipt of a copy of this order.

Pronounced in the open Forum on this the 30^th day of January 2013.

Forwarded/By Order, Sd/- A. Rajesh, President.

Sd/- Paul Gomez, Member.

Sd/- C.K. Lekhamma, Member.

Senior Superintendent.

A P P E N D I X

Complainant’s Exhibits :-

Opposite party’s Exhibits :: Nil

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