Chandigarh

DF-I

CC/1061/2016

Shri Rupinder Singh - Complainant(s)

Versus

The Standard Chartered Bank Ltd. - Opp.Party(s)

NP Sharma

01 Jan 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

 

 

                               

Consumer Complaint No.	:	CC/1061/2016
Date of Institution	:	12/12/2016
Date of Decision	:	01/01/2019

 

Shri Rupinder Singh, aged about 78 years s/o late Shri Iqbal Singh r/o House No.39, Sector 10-A, Chandigarh, U.T.

… Complainant

V E R S U S

1.     The Standard Chartered Bank Limited, though its CEO/Managing Director, Head Office:90, Mahatama Gandhi Road, Mumbai – 400001, Maharashtra.

2.     The Standard Chartered Bank Limited, through its Branch Head/Manager, Branch Office: SCO Nos.137-138, Sector 9-C, Madhya Marg, Chandigarh UT 160017.

… Opposite Parties

CORAM :	SHRI RATTAN SINGH THAKUR	PRESIDENT
	MRS. SURJEET KAUR	MEMBER

                                                                     

ARGUED BY	:	Sh. N.P. Sharma, Counsel for complainant
	:	Sh. Gaurav Bhardwaj, Counsel for OPs.

 

Per Rattan Singh Thakur, President

1.         Allegations, in brief, are, complainant, a senior citizen, had opened a joint saving bank account with OP-2 alongwith his wife, Smt. Amarinder Kaur, bearing account No.700-1-000917-6 and had also a credit card account No.4940-7680-2145-7236 (VISA Gold) linked to the said account. Maintained, in the year 2005, complainant had moved an application with the home branch of the bank i.e. OP-2 and thereby closed the aforesaid accounts. For about 11 years, no demand was raised by the OPs that any amount was outstanding pertaining to the aforesaid accounts. Maintained, in May 2016, complainant alongwith his wife and son, Shri Vivek Singh jointly approached the Vijaya Bank at Chandigarh for the purpose of seeking loan, but, the said bank informed the complainant that he was shown as defaulter in the Credit Information Bureau  report and the said report was generated on 21.6.2016.  On enquiries from OP-2, it was revealed, a sum of Rs.85,501/- was shown in the credit account of the complainant which was not discharged by him.  Under pressure with a view to secure loan from Vijaya Bank, one time settlement was done with the OPs for a sum of Rs.65,000/- which was paid and thereafter No Dues Certificate was obtained. The complainant allegated, no such amount was due to the OPs from him and his wife.  Hence, there has been unfair trade practice and deficiency in service on the part of the OPs and prayer made for refund of the amount of Rs.65,000/-; Rs.1,00,000/- each as compensation for causing mental trauma and physical harassment as well as punitive damages and Rs.22,000/- as litigation expenses.
2.         OPs contested the consumer complaint, filed their joint written reply and, inter alia, raised preliminary objections of present consumer complaint being vexatious, malicious and time barred; complainant had the knowledge and no such account was closed on the given date and even the monthly statements of the credit card account were being submitted to the complainant through registered post which were not received undelivered.  As such, claim is not genuine one.  On merits, OPs denied any deficiency in service or unfair trade practice on their part.  On these lines, the cause is sought to be defended.
3.         Rejoinder was filed and averments made in the consumer complaint were reiterated.
4.         Parties led evidence by way of affidavits and documents.
5.         We have heard the learned counsels for the parties and gone through the record of the case.  After scanning of record, our findings are as under:-
6.         Per pleadings of the parties, it was the case of complainant, in the year 2005, he had moved an application for closure of the SB account alongwith the credit card account, referred to above.  However, the said application has not seen the light of the day and no record to this effect was produced by the complainant by way of evidence.  Not only this, if the account i.e. to say credit card account was closed, then as per the terms and conditions, complainant was to obtain and OP-2 was to issue No Dues Certificate as well as documents with regard to the closure of the credit card account. No reasons whatsoever have been explained by the complainant why no such No Dues Certificate or any document etc. was obtained by him in the year 2005 itself showing complainant had to pay nothing to the OPs on account of user of the credit card.  This casts doubt in the correctness of the claim put forth by the complainant for want of any supporting documentary evidence to this effect on record. 
7.         The complainant with his present consumer complaint has annexed a statement of account (Annexure C-3) of the year 2004 which shows that an amount of Rs.81,483/- was to be payable by him to OP-2 on account of user of the credit card facility. Nevertheless, it is not the pleading of the complainant, nor any evidence led, the said amount was paid by him to OP-2 so as to say, the account was closed in full. 
8.         Per pleadings, supported by the affidavit of the OPs, there has been a reference that with regard to the credit card account, monthly statements were being regularly despatched to the complainant which were not received undelivered. Even a presumption to this effect can be drawn to the entries of account books maintained by the banker i.e. the OPs in the ordinary course of business which are admissible and this rebuts the claim of the complainant that he had discharged the entire liability and had closed the credit card account.
9.         Per record produced i.e. to say statement of account by the OPs, even the credit card was used in the year 2006.  If the credit card was closed by the complainant in the year 2005, there was no question of its user in the year 2006. This further shows, complainant, had not closed the credit card account or to say discharged the entire liability on account of user of credit card by him.
10.         Perusal of the pleadings of the parties, particularly the claim of the complainant, shows the matter pertains to the year 2005 when he had allegedly closed his SB account as well as linked credit card account, but, the present consumer complaint was filed in the year 2016 i.e. to say after about 11 years while the limitation provided under the Consumer Protection Act, 1986 for preferring a consumer complaint is two years from the date of accrual of cause of action.  In this manner, this consumer complaint appears to be hopelessly time barred.
11.         Per pleadings of the parties as well as the admitted facts, complainant had come to know through CIBIL record that an amount of Rs.85,501/- had to be paid by him to the OPs.  With the negotiation and settlement arrived at inter se parties, there was one time settlement of Rs.65,000/- which was paid by the complainant to OP-2 and thereafter No Dues Certificate was issued and his name was removed from the CIBIL defaulter’s list and subsequently he had raised loan from the Vijaya Bank.  There is a receipt produced on record which shows an amount of Rs.65,000/- was deposited by the complainant with OP-2.  This receipt does not show the said amount was paid by the complainant under protest to OP-2 though later on some correspondence was made by the complainant with regard to the authenticity of the amount shown in the defaulters list.  But, the receipt itself, or any other document, does not show, this payment was made by the complainant under protest.  Rather, contra documents were produced on record by the OPs the case was finally settled and none of the parties had to agitate the claim later on with regard to the payment of the amount.
12.         In view of the above discussion and the conclusions arrived at, we are of the firm opinion, complainant has not been able to establish his case of any unfair trade practice or say deficiency in service on the part of the OPs.  Therefore, we proceed to dismiss the instant consumer complaint leaving the parties to bear their own costs. 
13.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-
01/01/2019	[Surjeet Kaur]	[Rattan Singh Thakur]
hg	Member	President