STANDARD CHARTERED BANK Vs. KANHIYA GUPTA

JUDGEMENT

(1.) THIS is an appeal filed by the OP (Standard Chartered Brink) against order dated 4.3.2009 passed by District Consumer Disputes Redressal Forum -I, UT, Chandigarh (for short hereinafter to be referred as District Forum) passed in complaint case No. 1146 of 2008.

(2.) BRIEFLY stated the facts of the case are that the complainant availed the Credit Card facility from the OPs and the OPs issued a Credit Card bearing No. 4129037083944041 and a Supplementary Credit Card beaming No.4129039280201324. The complainant got ceased the facility and entered into one time settlement with the OPs with regard to credit card dues. The OPs issued letter dated 15.5.2007 to the complainant wherein the OPs offered settlement of account on payment of Rs. 22,500 against the outstanding dues of these credit cards but the OPs never issued any statement of outstanding dues to the complainant. The complainant against the said settlement, deposited Rs. 27,610 with OP Bank till February, 2008 and after that he requested the OP to issue No Due Certificate but OP No. 1 instead of issuing No Due Certificate, issued a vague letter dated 12.3.2008 whereby the credit card account was showing the balance of Rs.9510.96 paise. The complainant approached the OP No. 1 who assured that this account would be corrected and this letter would be withdrawn but to no avail. On 19.9.2008 the complainant received a threatening call from the official of the OP Bank asking the complainant to deposit the balance amount, otherwise warrants would be issued against him. Thereafter the complainant visited OP No.1 where the complainant was given a letter dated 19.9.2008 whereby the settlement amount was shown to be Rs. 67,145.50 paise. The complainant was pressurized to make some payment by the Recovery Agents to escape the legal proceedings at Delhi and they forcibly took Rs. 15,000 cash from the complainant by threatening him and also took one cheque dated 25.9.2008 for Rs. 52,145. This was also reported to the OP Bank in writing vide letter dated 23.9.2008 but no fruitful result was received from OP Bank. No Due Certificate was never issued by the OP Bank even after the receipt of Rs. 27,600 against settlement amount of Rs.22,500, sending recovery agents to the complainant and giving him threats and then increased the settled amount from Rs. 22,500 to Rs. 67,145.50 paise and then received the cash amount of Rs. 15,000 illegally and getting the cheque of Rs. 52,145 through recovery agents by threatening the complainant amounts to unfair trade practice, which caused the complainant mental tension, physical harassment and financial loss etc. Hence, the complaint was filed.

(3.) REPLY was filed by the OP and pleaded that the offer so made by the OP Bank vide letter dated 15.2.2007 for deposit of Rs. 22,500 against the outstanding amount of Rs. 40,675 was valid only for a period of 20 days, which the complainant failed to pay the said amount and the complainant continued to use the credit cards and failed to make the payment to OP Bank. It was denied that the OP Bank received the payment of Rs. 27,610 from the complainant till February, 2008 and submitted that the complainant regularly requested to clear the dues of the Bank and in that process a settlement was arrived at between the parties on 19.9.2008 which has been duly accepted and signed vide which an amount of Rs. 67,145 was settled to be paid by the complainant towards closure of his account. In response to the settlement, the complainant paid Rs. 15,000 in cash and issued a cheque of Rs. 52,145 in favour of OP Bank. The said cheque could not be encashed because of stop payment instructions of complainant given to his banker. Rest of the allegations levelled by the complainant in the complaint were denied and prayed for dismissal of the complaint.