LAWS(NCD)-2014-11-133

STANDARD CHARTERED BANK Vs. ALOK AGGARWAL

Decided On November 11, 2014
STANDARD CHARTERED BANK Appellant
V/S
Alok Aggarwal Respondents

JUDGEMENT

(1.) The complainant/respondent, Alok Aggarwal and his wife Anju Aggarwal obtained one credit card each from the petitioner-bank. The bank started levying interest and certain charges in the bills of the complainant and his wife. The complainant felt aggrieved from the levy of the interest and charges since according to him he had not been receiving the monthly statement of the credit card on a regular basis. A settlement was then arrived at between the complainant and the petitioner-bank whereby the complainant paid a sum of Rs. 1,954/- to the bank and discontinued the use of the credit card.

(2.) Subsequently, the complainant applied to American Express Bank for issue of a platinum credit card. His application was rejected on the ground that there was an overdue payment of Rs. 69,891/- from him as on 31-01-2009. The aforesaid information to American Express Bank was provided by Credit Information Bureau India Ltd. (CIBIL). The petitioner-bank offered to remove the name of the complainant from the record of CIBIL on payment of Rs. 74,004.18/-. According to the complainant despite his having brought the settlement to the knowledge of the bank, the amount in question continued to be carried forward. Being aggrieved from the action of the petitioner the complainant filed a complaint before the District Forum at Kashmere Gate, Delhi seeking compensation amounting to 17,50,000/- besides cost of litigation amounting to Rs. 25,000/-. He also sought a direction to the petitioner-bank to cancel the amount being shown outstanding in respect of the credit cards which were issued to him and his wife.

(3.) The complaint was resisted by the petitioner-bank inter alia on the ground that settlement dated 31-03-2004 where under the sum of Rs. 1954/- was paid by the complainant to the bank was only for the purpose of not initiating legal proceedings against the complainant and in fact a sum of Rs. 35010.82/- was outstanding in one card whereas a sum of Rs. 15090.69/- was outstanding in the other card. The District Forum vide its order dated 23-09-2001 issued the following directions to the petitioner-bank.