Date of filing:08.11.2019

                                           Date of Disposal:28.02.2023

BEFORE THE III ADDITIONAL BANGALORE URBAN

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU – 560 027.

DATED THIS THE 28^th DAY OF FEBRUARY, 2023       

CONSUMER COMPLAINT NO.1758/2019    

PRESENT:

SRI.RAJU K.S,

                     SMT.REKHA SAYANNAVAR,:MEMBER

Mohammed Akhtar Jamal,

S/o Mohammed Ilthaf Hussain,

Aged about 38 years,

Residing at No. 46B Cross,

KHB Main Road, Kaveri Nagar,

RT Nagar(post).

Sri D.K.Gangaraju, Advocate.

Represented by its Director,

M/s. SBI Cards & Payment Pvt. Ltd.

Unit 401 & 402, 4^th floor,

Aggarwal Millennium Tower. E 1,2,3,

Netaji Subash Palace, Wazirpur,

New Delhi-110034.…OPPOSITE PARTY

Sri Mohana Nagaraj, Advocate.

*****

//JUDGEMENT//

BY SRI. RAJU K.S, MEMBER

           The complainant has filed this complaint under Section 12 of the Consumer Protection Act 1986 seeking for direction to the opposite party  to remove complainant’s name from default list of CIBIL report and to pay compensation of Rs.3,00,000/-.

2. The case of the complainant is that, due to repeated requests and instigation of the opposite party the complainant was forced to buy the SBI Credit Card by paying Rs.3,500/- annual maintenance fee.  Further the opposite party enticed the complainant that he will provide Yathra tour coupons and goibibo coupons which could be utilised against journey, shopping etc.  By utilising the coupons the amount paid towards annual maintenance charge was adjusted.  As per the assurance of the opposite party on 29.10.2016 the complainant transferred amount of Rs.3,500/- to the account of opposite party.  Further the opposite party has assured and promised that they would provide credit limit up to Rs.2,00,000/- on the credit card.  Thereafter the complainant received the SBI credit card bearing No.0004377486576602658 vide account No.0004377486572404125.  The opposite party failed to provide Yathra tour coupons as assured along with credit card.  Further the opposite party executive demanded additional a sum of  Rs.2,000/- for issuing of Yathra coupons and same was denied by the complainant. 

3.  Based on the assurance of the opposite party the complainant has purchased sarees worth of Rs.45,000/- from M/s Deepak Textiles at Ganganagar, Bangalore.  The opposite party failed to provide Rs.2,00,000/- credit card limit as assured but  limited the credit card utilisation to Rs.50,000/- only.  Due to failure in the assurance of the opposite party for credit limit of Rs.2,00,000/- on SBI Credit card the complainant was not interested to continue with the facility under credit card.  For that the complainant has made negotiation with the opposite party representative one Mr. Manjunath Reddy and negotiated for full and final settlement subject to payment of Rs.41,500/-.  Accordingly the complainant handed over the cheque bearing no.784617 dated 02.03.2017 drawn on Syndicate Bank, Sultan Palya branch, Bangalore.  The cheque issued to the opposite party was cleared on 02.03.2017.  The opposite party representative failed to give no due certificate within 10 days as assured at the time of receiving the cheque from the complainant. 

4.  Inspite of amicable full and final settlement the opposite party not kept the words even he had received full amount of Rs.41,500/- as agreed.  The opposite party recovery agents keep calling from the cell phone numbers 8884414657 & 7349017104 and illegally demanded balance due from the complainant, by harassing and abusing with filthy language.  The opposite party recovery agent gave life threatening warnings on the public road and in the house of complainant.  Thereby the opposite party caused mental disturbance to the complainant.  The complainant has a good name and reputation in the society.  Due to harassment of opposite party recovery agents in office premises and residence of the complainant, the complainant undergone  depression and finally lodged a complaint no.81/18 dated 11.08.2018 before the Hebbal Police Station, Bangalore against one Mr. Rakesh and Mr. Sanjay who were the recovery agents of opposite party.  Due to unethical act of the opposite party and insertion of complainant name in CIBIL Report and the complainant CIBIL Score was reduced he cannot get loans from Nationalised and Private Banks.  The complainant being a business man having dire needs of loans for his business development.  Due to wrong entry of his name in the CIBIL Report the complainant is unable to get loans.  The opposite party has wrongly included complainants name in CIBIL Report even he received full and final settlement amount thereby the opposite party caused deficiency of service and for the harassment the opposite party liable to the complainant under deficiency of service.  Hence complainant prays allow the complainant as sought.

5.  The opposite party specifically stated in its version that on request of the complainant and after due verification of the documents furnished by the complainant the opposite party has issued SBI Platinum Credit card with gift travel voucher subject to terms and conditions agreed.  The travel voucher was issued on 12.03.2017 and the said voucher was utilised on 08.06.2017.  It is further submitted that the card holder failed to pay the minimum  amount due within the due date, they will charge late payment charges of 30% on the minimum amount due i.e., minimum Rs.350/- or maximum Rs.600/-.  The balance due will carry an interest of 2.75% which will be added to the next months bill which includes Government Service Tax.  In addition to that opposite party will charge a late fee for failure to make payment within the due date.  If the card holder purchases above his credit limit an over limit charges of 2.5% on the over limit amount or Rs.500/- whichever is greater is levied. 

6.  The complainant has utilised the credit card for requisite purchase and consequently the bills were raised by the opposite parties, and the complainant has made payment after the due date.  Hence the amount carries the interest and late fee charges.  The complainant has filed the instant complaint only with the intention to avoid making payment of bills raised.  Further the complainant has opted Flexi EMI of Rs.3,499/- for the month of October 2016 and it was paid on 29.10.2016.  Further the complainant opted once for Flexi EMI for the swipe done and it cannot be reconverted due to the computer has already instructed for the EMI and same will be levied accordingly.  The complainant on November 2016 has made payment of Rs.45,000/- which he has utilised on 9^th October and made payment on 29^th October.  In between from the swipe date to payment date the EMI charges, GST and Statement charges were levied which was not paid by the complainant and the same was generated on the next month SOA on 7^th December for Rs.10,147/- which is still pending and added with late fee, interest and other charges. 

7.  The opposite party had issued legal notice dated 01.02.2017 and 07.06.2018 to the complainant.  For that the complainant had issued the reply.  The opposite party not aware about the FIR filed against their representatives.  Further the opposite party with the report of Ombudsman on 12.11.2018 offered to the complainant to settle the matter for Rs.7,955/- with CIBIL clearance.  The complainant is not at all interested to pay the due amount and in order to avoid to pay he has filed this false complaint and the same may be dismissed.  

8.      The complainant is examined as PW-1 by filing the chief examination affidavit and got marked EX. P1 to P9 documents.  The opposite party has filed his chief examination affidavit and got marked EX. R1 to R9 documents.

9.      Both the parties have filed their respective written arguments.

10. On the basis of the pleadings and documents, the points that would arise for consideration are as under:

i) Whether the complainant proves the deficiency of service on the part of the opposite party?

 ii) Whether the complainant is entitled for the reliefs as sought in the complaint?

 iii) What order?

    11.  Our findings on the aforesaid points are as follows:

Point No.1: Affirmative.

Point No.2: Partly affirmative.

Point No.3: As per the final order for the following;

REASONS

12. POINT NO.1:- In this complaint there is no dispute with regard to the complainant availed credit card bearing no.0004377486576602658 vide account no.0004377486572404125 by paying Rs.3,500/- on 29.10.2016.  As per complaint allegation the opposite party has assured to give credit limit up to Rs.2,00,000/-.  But the opposite party has restricted the credit facility on the credit card for Rs.50,000/- only.  Further this is also not in dispute that the complainant used the said credit card for purchase of sarees worth Rs. 45,000/- at M/s Deepak Textiles Ganganagar, Bangalore.  Further the complainant after negotiation with opposite party representative, on 02.03.2017 has paid Rs.41,500/- vide cheque bearing no.784617 dated 02.03.2017 drawn on Syndicate Bank, Sultan Palya Branch, Bangalore  as full and final settlement towards due of credit card.  Inspite of paid the entire due amount the opposite party representative has failed to provide No Due Certificate within 10 days from receiving the amount.  Further the complaint alleged that the opposite party has wrongly included his name in CIBIL Report and thereby caused to the complainant reducing the CIBIL Score and not to get the loans from Nationalised and Private Banks for his business purpose.  Further the opposite party recovery agents one Mr. Rakesh and Mr. Sanjay were continuously making threats calling through their cell phone no. 8884414657 & 7349017104.  For that the complainant has filed the complaint no. 81/18 dated 11.08.2018 before the Hebbal Police Station, Bangalore.  Due to the abusing words used by the recovery agents in complainant office premises and as well as in his residence the complainant undergone mental harassment and inconvenience. 

13. On the other hand the opposite party has specifically stated that the complainant availed his credit card facility by agreeing terms and conditions.  Further the complainant availed Yathra gift voucher on 12.03.2017 and encashed on 08.06.2017.  Further on October 2016 complainant has converted his dues for flexi EMI of Rs.3,499/- per month.  On 29^th October complainant has paid Rs.45,000/- and as on SOA of 7^th December he has due of Rs.10,147/- with Government Service Charges.  The opposite party as per Ombudsman direction offered for full final settlement for Rs.7,955/- to the complainant for his CIBIL clearance.  The complainant to avoid the dues to the opposite party has filed this false complaint.

14. Ex. P1 original payment receipt of Rs.41,500/- issued by opposite party and duly signed by one Mr. Manjunath, Ex. P2 complaint lodged to the Hebbal Police, and EX.P3 its endorsement, EX.P4 is the account statement, EX.P6 is screen shots of whatsApp conversation, EX.P7 is the reply dated 12.07.2018 issued by the complainant.

15. In Ex. P6 the opposite party has demanded on 2^nd December Rs.25,935.09/-, 9^th December Rs.20,378/-,on 10^th December Rs.26,204.42/- on 27^th December  Rs.26,204.42/-, on 9^th January Rs.20,378/-, and on 30^th December Rs.26,204.04/- respectively.  For these demands the opposite party has not provided any calculations with regard to how it accrued.   With regard to the gift voucher, the opposite party has stated that the complainant utilised gift voucher on 08.01.2017.  To substantiate this issue the opposite party has not provided any documents before this Commission.  In EX.R4 the total outstanding due was Rs.46,607/- in that month the complainant swiped the card for Rs.45,000/-. From the scrutinising the EX.R4 the opposite party has shown outstanding balance Rs.46,607/- even he had swiped the card on 09.10.2016.  EX.R4 reveals that the opposite party charged Rs.1,607/- extra amount even the complainant had previous balance of Rs.3,448.85/-.  In EX.R5 the monthly statement dated 07.03.2017 total outstanding shows Rs.11,213/-.  EX.R4 & R5 did not explain the actual balance and did not contain satisfactory explanation with regard to the balance accrued.  In addition to that as per annexure G letter dated 07.12.2016 issued by the opposite party demanded Rs.10,147/- only.  As per EX.R6 letter dated 07.01.2017 the opposite party demanded total Rs.15,478/-.  On 07.02.2017 the opposite party demanded Rs.21,001/-.  Further the opposite party on 07.01.2018 has demanded Rs.16,214/-,   on 07.02.2018 Rs.17,588/-, on 07.03.2018 for Rs. 18,955/-, on 07.04.2018 for Rs.20,423/-.  From the scrutinization of the above letters it was not clarified that what was the actual due and how it accrued. 

16. That the opposite party failed to produce cogent evidence with regard to the actual due from the complainant.  In turn as per para 17 of the version the opposite party admitted he has received Rs.45,000/- on 29.10.2016 from the complainant.  The complainant in his complaint has specifically stated that he made payment of Rs.41,500/- vide cheque bearing No.784617 dated 02.03.2017 as full and final settlement for credit card swiped on 09.10.2016 of Rs.45,000/-.  The complainant never made payment of Rs.45,000/- at once.  The opposite party considered Rs.45,000/- while  receiving Rs.41,500/- as full and final settlement.  From the reading of the above facts it is clarified that the complainant has no dues after depositing the amount of Rs.41,500/-.  Therefore in our view the opposite party unnecessarily demanded dues from the complainant by including hidden charges.  Further the opposite party has added the complainant in CIBIL Report in order to harassing the complainant.  Hence the opposite party is liable to the complainant under deficiency of service.  Hence we answer point No.1 in affirmative.

17. POINT No.2:- With regard to the prayer column (a) do not survives to our consideration. With regard to the point no.2 is considered the complainant is entitle to remove his name from the CIBIL Report.  Since the complainant has no dues with the opposite party, the opposite party has to produce no due certificate, and necessary documents in order to remove the name of the complainant from the CIBIL Report.  In addition to that the complainant is entitle for Rs.10,000/- as compensation for mental agony and inconvenience.  In addition to that the complainant is also entitled to Rs.10,000/- as litigation cost.  Hence we answer point no.2 partly affirmative. 

  18. POINT NO.3:- In the result, for the foregoing reasons, we proceed to pass the following;

ORDER

The complaint is allowed in part.

The Opposite Party is directed to issue no due certificate and to remove the name of the complainant from CIBIL Report i.e., defaulter list and to pay a sum of Rs.10,000/- towards mental agony and inconvenience and a sum of Rs.10,000/- towards litigation cost.

The Opposite Party shall comply the order within 30 days.  In case, the opposite party fails to comply the order within the said period the above said amount of Rs.20,000/- carries interest at the rate of 9% p.a. from the date of order till realization.

Applications pending, if any, stand disposed of in terms of the aforesaid judgment.

Supply free copy of this order to both the parties and return extra copies of the pleading and evidence to the parties.

  (Dictated to the Stenographer, typed by her, the transcript corrected, revised and then pronounced in the open Commission on 28^th day of February, 2023)                                            

• REKHA SAYANNAVAR)    (RAJU K.S)     (SHIVARAMA. K)    
  144616126.                        

//ANNEXURE//

Witness examined for the complainant side:

Sri. Mohammed Akhtar Jamal, the complainant has filed his affidavit.

Documents marked for the complainant side:

1. Original payment receipt bearing No.20915955.
2. Copy of the complaint dated 11.08.2018.
3. Original copy of Acknowledgement issued by Hebbel Police Station dated 11.08.2018.
4. Copy of the Bank statement of account bearing Number 06981010000785 Syndicate Bank Sultana playa.
5. Copy of the Certificate U/s 65(B) of the Indian Evidence Act.
6. Copy of the text messages.
7. Copy of the Legal Notice dated.12.07.2018.
8. Copy of Postal Receipt.
9. Copy of Postal Acknowledgement.  

Witness examined for the opposite party side:

Sri. Musthan Vali Munna, the Opposite party has filed his affidavit.

Documents marked for the Opposite Party side:

1. True copy of Cardholder application of Complainant.
2. True copy of most important document of the application.
3. True copy of duly signed and accepted in the MID by the Complainant
4. Statement of Accounts issued to the complainant.
5. Copy of payments statement.
6. Copies of the notices issued to the complainant.
7. Notice issued by opposite party to the complainant dated 07.08.2019
8. Copy of another reply issued to the complainant datedn12.11.2018
9. Copy of reply sent to ombudsman dated 12.11.2018.

 (REKHA SAYANNAVAR)            (RAJU K.S)          (SHIVARAMA. K)