Tamil Nadu

South Chennai

CC/266/2013

Sathyanarayana Golti - Complainant(s)

Versus

Standard Chartered Bank, - Opp.Party(s)

Party in Person

21 Dec 2021

ORDER

 

                                                                                                                                                            Date of Complaint Filed: 18.06.2013

                                                                                                                                                            Date of Reservation: 22.11.2021

                                                                                                                                                            Date of Order: 21.12.2021

                                                                                                       

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH)

 

Present:

 

                  Thiru. R.V.R. Deenadayalan, B.A., B.L.                                  : President

                 Thiru. T. Vinodh Kumar, B.A., B.L.                                           : Member

 

CONSUMER COMPLAINT No.266/2013

 

TUESDAY, THE 21^th DAY OF DECEMBER 2021

                                

Satyanarayana Golti,

Flat No.84&85, 3^rd Street, Govindarajapuram,

Guduvanchery – 603 202.,Chennai.                                                       .. Complainant.                                                           

                                                                                    ..Versus..

1.The Manager,

   Standard Chartered Bank, 187, Anna Salai, 2^nd & 3^rd Floor,

  Chennai – 600 006.

 

2.M/s Shaha Finlease Private Limited,

   Plot No.17/9, MIDC Taloja, Tal Panvel, Dist, Raigad,

   Navi Mumbai – 410 208.                                                            ..  Opposite parties.

******

Counsel for the complainant                            : party in person.

Counsel for the 1^st opposite party                   : M/s.V.Jayachandran, Advocate.

Counsel the 2^nd opposite party                        : Ex-parte

 

 

 

            On perusal of both side records and the written argument of both sides treated as oral arguments we delivered the following:

ORDER

Pronounced by the President Thiru. R.V.R. Deenadayalan, B.A., B.L.

 

            The complainant has filed this complaint under section 12 of the consumer protection Act 1986 for seeking direction to issue the NO DUE CERTIFICATE/CREDIT CARD CLEARANCE CERTIFICATE and to pay a sum of Rs.9,50,000/- towards compensation for mental agony caused to the complainant due to the deficiency in service and with cost.

2. In order to prove the case, on the side of the complainant proof affidavit submitted as his evidence, documents Ex.A1 to Ex.A15 were marked and written argument filed.  While so, on the side of the 1^st opposite party proof affidavit submitted as his evidence but no document filed and written argument filed. Though sufficient opportunity given by this commission to the 2^nd opposite party he has not turned up before this commission and hence he was set ex-parte.

            3. The averments of the complaint in brief are as follows:-

            The complainant Complainant availed credit card facility with the 1^st opposite party who is the standard charted Bank in the year 2002 onwards.  On 3^rd November 2009 the authorized person of the 1^st opposite party contacted the complainant and demanded to pay the outstanding due amount of Rs.2,41,858.54/-.  Thereafter there was a settlement in between the complainant and the 1^st opposite party and as per the settlement the 1^st opposite party constrained to accept a sum of Rs.1,20,000/- towards settlement as against the total outstanding of Rs.2,41,858.54/-.  Accordingly complainant paid the above amount on two installments as directed by the 1^st opposite party.  Thereafter the 1^st opposite party has not issued the no due certificate /credit card clearance certificate /outstanding clearance certificate within 60 days from the date of settlement.  In spite of repeated demands the 1^st opposite party has not given the above said certificate. 

4. On 18^th, 19^th and 20.04.2013 the 2^nd opposite party made continues calls to pay the total outstanding of Rs.2,67,009.53/- to close the account and remove the name from the CIBIL.  Complainant explained the settlement made in between the complainant and the 1^st opposite party to the 2^nd opposite party, but they are not accepted the settlement and insist to repay the entire loan amount. Hence this complaint is filed.

5. Written version of the 1^st opposite party in brief:-

It is submitted that upon negotiation and as special case, the 1^st opposite party was constrained to accept payment of Rs.1,20,000/- as against the actual outstanding payable by the complainant at Rs.2,41,858.54/- with a condition that they would process the waiver of the huge balance payable by him and upon such waiver the account would be reversed to NIL balance.

6. In the meanwhile, as there was a process of sale of all bad debt of the 1^st opposite party card account and in advertently, the card account of the complainant along with other accounts were assign to the 2^nd opposite party. It is submitted that upon receipt of the complaint the 1^st opposite party had taken corrective measure and stopped the 2^nd opposite party from claiming anything from the complainant.

7. In view of change of address, there was a delay in communicating the complainant.  Upon receipt of his correspondent the 1^st opposite party has made it clear that there is no due from the complainant.  The 1^st opposite party has resolved the issue and grievance was closed well before the complainant approached this Forum. Hence it is requested to dismiss this complaint.

8.The points for consideration are:-

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

2) Whether the complainant is entitled to get reliefs as claimed in the complaint?

3) To what relief the complainant is entitled to?

9. Point No.1:-

On perusal of Ex.A1 dated 11.11.2009 complainant has to pay a sum of Rs.2,41,858.54/- to the 1^st opposite party.  On the day the 1^st opposite party constrained to accept a payment of Rs.1,20,000/- towards settlement against a total outstanding amount of Rs.2,41,858.54/-.  As per Ex.A1 complainant has to pay Rs.70,000/- on 03.12.2009 and Rs.50,000/- on 06.11.2009.  As per Ex.A2 complainant has paid the above amount on 03.11.2009 and 04.11.2009 respectively.  As per Ex.A1 on successful adherence to the settlement plan the balance outstanding account will be waived off within 60 days from the date of receiving date on last scheduled payment. As per Ex.A5 the 1^st opposite party sent a communication dated 12.01.2011 stating that we are in receipt of your payment towards settlement and we have reversed the outstanding balance on your card account. You will in receipt of your settlement letter shortly to your mailing address.  We request you to bear with you still that.  Since the 2^nd opposite party continuously made calls and demand payment, complainant sent e-mail to the 1^st opposite party through Ex.A6 and he requested to know the current balance showing on his card and for that the 1^st opposite party sent a mail on 11.05.2011 to contact the 2^nd opposite party. Hence the complainant sent e-mail the 2^nd opposite party also.  On 22.04.2013 the 2^nd opposite party sent a mail stating that vide deed of assignment dated 09.02.2010 standard charted Bank as sold, transfer and assigned all its right, title and interest in all the amount due and payable by you under the above card account in favor of the 2^nd opposite party and we find that the amount outstanding under the above card account is Rs.2,67,009.53/- and you are requested to pay the same at earlier along with the written argument complainant has submitted a mail dated 09.10.2016 from the 2^nd opposite party and demanded a sum Rs.8,80,430.05/- from the complainant for the settled amount and also sent a demand legal notice dated 22.02.2016 to the complainant.

10. It is an admitted fact after settlement there is no due to pay by the complainant to the 1^st opposite party.  As stated above the settlement was made on 04.11.2009 itself.  The same was accepted by the 1^st opposite party as per Ex.A5 and also informed that they will be sent the settlement letter shortly to the complainant’s mail address. But till date settlement letter was not furnished by the 1^st opposite party to the complainant.  On the other hand, after settlement the 1^st opposite party has inadvertently sold, transfer and assigned all its rights, title and interest in all the amounts due of the complainant to the 2^nd opposite party on 09.02.2010. On the strength of the above transfer the 2^nd opposite party also continuously demanding the outstanding due amount to the complainant even after the claim was settled by the complainant to the 1^st opposite party. Therefore the attitude of the 1^st opposite party as well as the 2^nd opposite party amounts deficiency in service on their part.  Accordingly point No.1 is answered.

11. Point Nos.2&3:-

We discussed and decided that the opposite parties have committed deficiency in service as against the complainant.  Therefore they are liable to pay compensation jointly and severely.  But the complainant seeking prayer as against the 1^st opposite party alone.  Hence the 1^st opposite party shall issue the no due certificate / credit card clearance certificate in respect of his credit card No.5543747030808900 with customer No.009068119007210 to the complainant.  Further the 1^st opposite party shall pay a sum of Rs.5,00,000/- towards compensation for the deficiency in service and for mental agony caused to the complainant along with cost of Rs.20,000/- towards litigation expenses.

In the result, this complaint is allowed in part.  The 1^st opposite party is hereby directed to issue NO DUE CERTIFICATE/CREDIT CARD CLEARANCE CERTIFICATE in respect of the complainant’s credit card No.5543747030808900 and to pay a sum of Rs.5,00,000/- (Rupees five lakes only)towards compensation for the deficiency in service and for mental agony caused to the complainant along with cost of Rs.20,000/- (Rupees twenty thousand only) towards litigation expenses. This complaint is dismissed as against the 2^nd opposite party.

            Dictated to steno-typist, transcribed and typed by him, corrected and pronounced by us in the open commission, on this the 21^th day of December 2021.

VINODH KUMAR                                                                  R.V.R.DEENADAYALAN

         MEMBER                                                                             PRESIDENT

 

 

List of documents filed by the complainant:-

Ex.A1	04.11.2009	Standard charted Bank settlement letter No.HYR041109003.	Xerox
Ex.A2	31.10.2009	Cash payment receipts.	Xerox
Ex.A3	02.01.2011	Email to card.services@sc.com.	Xerox
Ex.A4	05.01.2011	Email to nagendhar.repalle@sc.com.	Xerox
Ex.A5	12.01.2011	Email from card.services@sc.com.	Xerox
Ex.A6	09.05.2011	Email to card.servicews@sc.com.	Xerox
Ex.A7	11.05.2011	Email from card.services@sc.com.	Xerox
Ex.A8	23.05.2011	Email to card.services@sc.com.	Xerox
Ex.A9	12.07.2011	Email to card.services@sc.com.	Xerox
Ex.A10	18.07.2011	Email to customer services@shahafinlease.com.	Xerox
Ex.A11	25.04.2013	Written complaint to standard charter Bank	Xerox
Ex.A12	25.04.2013	Notice self copy	Xerox
Ex.A13	26.04.2013	Notice sending postal acknowledgement.	Xerox
Ex.A14	03.05.2013	Notice return from M/s Shaha Finlease Private limited.	Xerox
Ex.A15	22.04.2013	Email to customer service @ shaha finlease.com.	Xerox

 

List of documents filed by the 1^st opposite party:-

NIL

 

 

VINODH KUMAR                                                                  R.V.R.DEENADAYALAN

         MEMBER                                                                             PRESIDENT