SAMAR KUMAR BISWAS Vs. CITI BANK

JUDGEMENT

(1.) This Revision Petition No.2862 of 2017 challenges the impugned order of the West Bengal State Consumer Disputes Redressal Commission, Kolkata ('State Commission', hereafter) dtd. 5/6/2017. Vide this order, the State Commission had set aside the order dtd. 14/5/2014 of the District Forum and allowed the Appeal No.1314 of 2014. Vide this order, the District Forum, had directed the Respondents/OPs-Citi Bank ('OPs', hereafter) to issue a No Due Certificate in respect of a card of Shri Arijit Biswas from the CIBIL list within a month, to pay compensation of Rs.20,000.00 and also to pay litigation cost of Rs.3,000..00

(2.) Briefly, the facts of the case as per the Complainant are that in 2001 an Agent of the Respondents approached the Petitioner and introduced and described the facilities of credit card of the Bank. Accordingly, initially one credit card was issued in the name of the Petitioner vide credit card No. 5546 1997 5641 8018. Thereafter, in 2002 they issued another additional credit card in the name of his son, Arijit Biswas vide No.5546 1997 5641 8216 against the petitioner's card. In 2005, the same Respondents agent introduced further facilities of credit card by issuing two more credit cards vide No. 4385 8792 6908 8005 and 5546 3793 3982 9002 in the name of the Petitioner. Thus, the Petitioner was allowed to use three credit cards and his son one credit card. The payments were regularly paid for these cards. During operation of those credit cards a big amount was shown outstanding and demanded the same by the Respondents. The Petitioner was not aware of the details of such demands. Therefore, in order to buy peace he tried to make a settlement with Respondents who readily agreed to it and after discussions made a settlement was arrived at by paying cash of Rs.25,000.00 on 12/1/2011 as per settlement dtd. 11/1/2011 on the condition that the Respondents will not demand any further amount. It was further stated that the cards are closed and stand settled on their records. Though the credit cards show "nil" balance to the petitioner's accounts, but the name of his son's credit card issued against Petitioner's credit card was not deleted in the Credit Information Bureau (India) Ltd. (in short CIBIL) records as agreed upon and settled though it appears from the report dtd. 21/4/2012. The Petitioner made several personal attempts to get his son's name deleted and then issued letters dtd. 26/4/2012 and 13/7/2012, without any corrective action by the Respondents. Due to negligence and apathy on the part of the Respondents, the Petitioner sustained a loss of Rs.62,500.00 as he was compelled to cancel an agreement with one Real Estate Company viz. T.CON of 4/30, Netaji Nagar, Kolkata -700040 to whom an advance of Rs.2,50,000.00 was paid on 15/7/2011 and 19/11/2011 for booking a residential flat by his son, Shri Arijit Biswas and taking back the booking money by deducting 25% of the deposited amount. Being aggrieved by the inaction on the part of the Respondent Bank and it's deficiency in service, the Petitioner filed a consumer complaint before the District Forum with the following prayers:

(3.) The Respondents/OP did not appear before the District Forum and no reply was filed. The learned District Forum vide order dtd. 14/5/2014 directed the Respondents/ OPs to issue a No Due Certificate in respect of a card of Shri Arijit Biswas from the CIBIL list within a month, to pay compensation of Rs.20,000.00 and also to pay litigation cost of Rs.3,000..00