Order-14.
Date-28/12/2015.
In this complaint Complainants Pranayjit Bose& Priya Sankar Bose by filing this complaint has submitted that complainant no.1 was given a credit card by the Standard Chartered Bank in August, 1999 and considering the salary of Rs. 3,000/- of a Small Pvt. Co. Bank of his own graciously sanctioned a limit of Rs. 19,000/- but neither sanctioned letter nor the term of Agreement and repayment procedure was given to him and on good faith complainant no.1 started availing of the credit card for his need and on the 1st month debit balance of Rs. 4,659.11 paisa and bank fixed payment schedule of Rs. 232.96 paisa and due date which complainant in time more than dues of Rs. 1,000/- to reduce his debit.
But unfortunately after some months complainant lost his job and lost to repay the installment.But it is found that Rs. 75/- was deducted from a cash withdrawal of Rs. 100/- i.e. Rs. 25/- paid against payment of Rs. 100/- and usual charge was not informed/explained.
Subsequently after getting statement from bank message, complainant came to know about such debit balance and subsequently his father paid 3 cheques which is mentioned in the compromised settlement A/c. No. 4129037090007899 and accordingly complainant’s father joined as complainant for harassment by the bank to the residence in his absence.Subsequently complainant demanded imaginary figure as outstanding which is falsely claimed when the complainant was asked to file a closure letter and a full statement of A/c 1999-2001, but that was not complied by Bank but continue to play foul games as before in a different way and when complainant approached for bank loan in some banks in Bombay then they informed Pranayjit Bose is found in Defaulter-list in CIBIL, so no loan can be granted and credit worthiness and destroyed all of his future financial plan to create as assets.Thereafter complainants moved to op when op reported to close the matter only on payment of Rs. 25,000/- but no letter was sent for which the complainant is waiting and in such a manner, complainant has been harassed and in the above circumstances, complainant prayed for redressal.
On the other hand op by filing written statement submitted that complainant was allowed an opportunity by the op bank to liquidate the dues against his credit card by making payment of a total sum of Rs. 13,000/- in three installments of Rs. 433.33 paisa as per the terms contained in letter dated 03.10.2010, and in accordance with the terms contained in said settlement letter dated 03.10.2010, complainant issued three postdated cheques of Rs. 433.33 paisa, each dated 03.10.2010, 03.10.2010 and 03.12.2010 it was an essential condition under the above settlement letter that the said cheques should be duly paid and in default of which the settlement plan shall be rendered null and voidand the dues on account of the credit card is entirely revived.From the records of the op and/or account statement of the said credit card account bank it appears only two installments were paid in October and December, 2000 and as such the complainant failed to pay the agreed installment in November, 2000 and thus the complainant failed to comply with the settlement terms and the op became entitled to recover the entire dues on account of the credit card from the complainant.But complainant has not produced any evidence to show that all the installments have been actually paid by the complainant.So, complainant is not entitled to get any relief in this case and the entire case is baseless for which the entire case should be dismissed.
Decision with reasons
On hearing the complaint including the Ld. Lawyer of the op and also considering the evidence of the op and the materials, we find that it is undisputed facts that complainant was allowed an opportunity by the op to regulate the dues of his credit card i.e. a total sum of Rs. 13,000/- by three installments having Rs. 433.33 paisa and as per condition in settlement letter dated 03.10.2010.But complainant paid only two installments of Rs. 433.33 paisa.But one installment had not been paid and complainant has failed to show that they have cleared the dues.So, apparently it is found that complainant is the defaulter for which his name was entered into the CIBIL List, as per RBI guideline.But from the evidence of the op, it is found that op has already settled the said credit card account of the complainant by waving balance and installment the dues against the credit card and there is no amount dues and no claim is made by the op and at present op also placed in CIBIL List showing the account has been settled and in support of that op has filed document wherefrom it is found that in the CIBIL List it is already recorded as settled.So, the complainants’ status as defaulter is already settled by the bank and it is also found that bank has settled the matter and waived balance dues to be paid by the complainant and closed the said credit card finally on 27.04.2015.
So, apparently it is found that complainants was a noted defaulter in respect of the credit card of the op but op’s credit card has already been closed and there is no dues to pay by the complainants.But invariably on the mercy of the op, complainants have got such relief and in the CIBIL List it is found settled.So, we find that op redressed the claim of the complainants in all respect though they are defaulter and did not pay the entire dues and he suppressed the matter in the complaint for which we find that this complaint is not tenable in view of the fact that the matter has already redressed by the complainants and as per admission of the op, this complaint is disposed of accordingly.
Hence, it is
Ordered,
That the complaint be and the same is dismissed of as per final settlement made by the op and the complainants have already got all the relief from the bank and in the CIBIL List he is not a defaulter because the matter is settled.
Accordingly, this complaint is disposed of finally on the basis of the admission of the op Bank and on the basis of the settlement made by the op by giving all redresses to the complainants.
