State Consumer Disputes Redressal Commission
Mr. Sanjib Bhowmik vs Abn Amro Bank & Others on 19 February, 2010
State Consumer Disputes Redressal Commission State Consumer Disputes Redressal Commission West Bengal BHABANI BHAVAN (GROUND FLOOR) 31, BELVEDERE ROAD, ALIPORE KOLKATA 700 027 S.C. CASE NO. : CC/09/01 DATE OF FILING : 06.01.2009 DATE OF FINAL ORDER: 19.02.2010 COMPLAINANT Mr. Sanjib Bhowmik S/o Late Rabindra Nath Bhowmik Residing at 372, Chatagoli P.O. & P.S. Chinsurah, Dist. Hooghly Pin-712 101. RESPONDENT/OPPOSITE PARTY 1. ABN AMRO Bank having its Branch Office at 18A, Brabourne Road Kolkata-700 001. 2. The Manager Credit Card Division, ABN AMRO Bank, 18A, Brabourne Road Kolkata-700 001. 3. The Manager Credit Card Division, ABN AMRO Bank Topsia Legal Team 83, Topsia Road Kolkata-700 046. BEFORE : MEMBER : MR. P.K.CHATTOPADHYAY MEMBER : MR. S.COARI FOR THE PETITIONER / APPELLANT : Mr. S.K.Chel, Ld. Advocate FOR THE RESPONDENT / O.P.S.: Mr. S.Bandyopadhyay, Ld. Advocate : O R D E R :
MR.
P.K.CHATTOPADHYAY, LD. MEMBER This complaint was filed u/s 12 of Consumer Protection Act, 1986, as amended, by Mr. Sanjib Bhowmik residing at 372, Chatagoli, P.O. & P.S. Chinsurah, Dist. Hooghly, Pin-712 101, alleging deficiency of service and negligence on part of the Ops namely ABN AMRO Bank, Kolkata and its Managers, Credit Card Division, Kolkata.
The complainants case, in brief, was that he made an application for obtaining personal loan and on satisfaction was give a personal loan amount of Rs. 97,000/-, when he was very regular in making payments of the EMI thereof and on being satisfied with his repayment capacity the Ops extended further loan in favour of the complainant.
The complainant was also issued a Gold Credit Card, on which he used to make payments of bills and then suddenly in November, 2006 he received a statement in connection with two Freedom Cards stated to have been issued in the name of the complainant and one Soma Bhowmik.
The complainant having never known Soma Bhowmik nor being the recipient of the said Freedom Card the matter was pointed out to the OP/Bank without redressal. Further efforts on part of the complainant through sending of email and other means failed and the Ops without taking any effective steps caused serious mental torture on the complainant through telephone calls and also created a reign of terror towards realization of payment in respect of foregoing Freedom Cards, never received by the complainant. Stating that another personal loan amounting to Rs. 1,56,000/- was offered to the complainant the complainant stated that he never defaulted in payment of any personal loan till September, 2008 and on August 23, 2008 the complainant had suffered grave illness due to illegal action of ABN AMRO Bank, the Ops and became bed-ridden and lost all his capabilities of work. The complainant also referred to false recording as CIBIL defaulter at the behest of the OPs, as a result of which the entire system of the business of the complainant collapsed. The complainant then lodged a specific complaint before the Inspector-in-Charge, Chinsurah P.S. on 12.4.08 and on being advised by the police authorities the complainant also wrote a letter addressing the Manager, Credit Card Division, ABN AMRO Bank, 18A, Brabourne Road, Kolkata, requesting him not to make any further threat upon the complainant for payment of such fake amount of Rs.1211.44/- with a copy of such letter endorsed to the Officier-in-Charge, Hare Street P.S. and the D.C. (D.D.), Lalbazar. Stating that the complainant had no such company in the name and style of Triyoshree Limited the complainant stated that the demands on part of the Ops were totally false and a communication dt. 5.5.08 was received from the D.C. (D.D.), Kolkata Police disclosing that DIG (CID), West Bengal, was since directed to take necessary action on the letter of complaint dt. 16.4.08. The complainant further stated that an Advocates Notice dt. 30.6.08 was sent to the Manager, Credit Card Division, ABN AMRO Bank, Brabourne Road, requesting him to close the said credit card account in view of given fact, but nothing happened thereafter. Subsequently a specific complaint was lodged before the Banking Ombudsman, West Bengal and Sikkim, on 30.6.08, but no steps were taken till middle of August, 2008, when finding no other alternative the complainant moved the Honble High Court at Kolkata by way of filing a writ petition being numbered 21160(w) of 2008.
The complainant then wrote again on 16.7.08 addressing the Regularity Unit, Credit Card Operation, ABN AMRO Bank N V of Noida in U.P. stating the entire fact of the case. But even thereafter there was no response.
Finally the writ petition filed before the Honble High Court came up for final hearing on 18.9.08 and Honble Justice Mr. Dipankar Datta was pleased to dispose of the same by giving certain directions to the Banking Ombudsman, pursuant to which the matter was taken up for hearing before the Banking Ombudsman on 22.10.08 and upon hearing of parties and considering the materials on record the Banking Ombudsman was pleased to hold in favour of the complainant by giving conclusion that other than the Gold Card No. 5425 0517 0152 8266 the complainant did not have any other credit card. It was further directed by the said authority that the recording of CIBIL defaulter in the name of the complainant was to be withdrawn and the banking authority would write a letter to the complainant by stating that they should be forgiven for causing such inconveniences to the complainant.
Reiterating the sufferings of the complainant and his falling suddenly ill on 23.8.08 due to continuous mental tension and pressure suffered on account of given activities of the OP and also recording of the complainant as CIBIL defaulter the complainant, alleging serious deficiency of service on part of the Ops prayed for compensation amounting to Rs. 95,00,000/- and also compensation @ 8% on the amount that might be awarded by this Commission with cost and incidental expenses and other reliefs as the complainant may be entitled under law and equity.
The Ops namely (1) ABN AMRO Bank, Brabourne Road, Kolkata, (2) The Manager, Credit Card Division, ABN AMRO Bank, Brabourne Road, Kolkata and (3) The Manager, Credit Card Division, ABN AMRO Bank, Topsia Legal Team, Topsia Road, Kolkata, entered appearance and stated inter alia that since November, 2006 the complainant raised certain disputes in connection with his Credit Card account, which were addressed by the Bank from time to time. Giving out details of transactions on the Credit Card account of the complainant it was stated that the liability of the complainant on his Gold Card account was Rs. 36,949.20P as on September, 2008. It was then contended that being a responsible bank it was always the endeavour of the Bank to follow the laws and regulations of the country and thus the Ops always acted in compliance with all the applicable rules and laws. The Ops also had expressed apologies and regrets for any inconvenience caused to the complainant with regard to the Credit Card account and referring to the orders of the Banking Ombudsman communicated on 23.10.08 it was submitted that the liability prevalent on the Silver Credit Card was not payable by the complainant, which was already made known, and on 22.10.08 the Banking Ombudsman, Calcutta observed inter alia that in view of the amicable resolution of the complainants grievances by mutual agreement between the banks representatives and the complainant, the complaint dated 30.6.08 (lodged with the Office of the Banking Ombudsman) be treated as settled and disposed in terms of the Clause 11(1) of the Banking Ombudsman Scheme, 2006 and it was mutually and amicably agreed by and between the complainant and the opposite parties that,
i) the complainants name has been deleted from the CIBILs list of defaulters,
ii) there was only one Gold Credit Card no. 5425 0517 0152 8266 which was issued to the complainant against which Rs. 36,949.20 was outstanding and except the said credit card there was no other credit card existing in the name of the complainant as on the said date.
iii) The Silver Credit Card (also known as Freedom Card) no. 5415 3823 1371 4529 did not relate to the complainant, and
iv) The bank will also express regret for the inconvenience caused to the complainant.
Accordingly, the OP/Bank on 23.10.09 intimated the complainant that
a) The ABN AMRO Bank Silver Credit Card Account bearing number 5415 3823 1371 4529 has been removed from the CIBIL record of the complainant. The removal of this Silver Credit Card detail has also earsed the update on the relevant STATUS field which earlier read as WILFUL DEFAULT & WRITTEN OFF.
b) The Gold Credit Card account in the name of the complainant was opened on 11.9.06 on the basis of the existing relationship of the complainant with the Bank. Subsequent to the opening of the credit card account; the credit card bearing number 5425 0517 0126 8103 was dispatched to your then registered mailing address. As the complainant had stated non receipt of this credit card the Bank had proactively deactivated the Gold Credit Card bearing number 5425 0517 0126 8103 and provided the complainant a new Gold Credit Card bearing number 5425 0517 0152 8266 which was delivered to the complainant.
It was also appraised that subsequent to the filing of the complaint with the Honble Banking Ombudsman, Kolkata, the Bank has deactivated the Gold Credit Card bearing number 5425 0517 0152 8266 and has facilitated the complainant with a new Gold Credit Card bearing number 5425 0517 0533 2160.
Contending that the complainant failed to understand the spirit of the amicable settlement adjudicated and finalized before the Banking Ombudsman it was stated that the present case was devoid of merits and accordingly prayer was made for dismissal of the case with cost.
The matter was heard from respective sides with filing of evidence and subsequent filing of WNAs.
The complainant in his WNA reiterated his version of the complaint on given allegations on the Ops and stressed on the fact that for the deficiency of service on part of the Ops his name was listed in the CIBIL list without sound basis and as a result, he suffered business loss and also reputation apart from mental torture, due to which he also suffered major illness leading to expensive medical treatments and physical distress. Referring to the exercise undertaken by the Banking Ombudsman subsequent to his writ petition before the Honble High Court the complainants position was that long before the Ombudsmans disposal the Ops were required to resolve the issues on their own, which they did not inspite of best efforts of the complainant and, therefore, they were liable for cost and compensation as in the complaint.
In support of his contentions the following citations were placed.
1) AIR 1998 SUPREME COURT 1801 M/s. Spring Meadows Hospital & another Vs. Harjol Ahluwalia through K.S. Ahluwalia and another
2) AIR 1998 SUPREME COURT 1808 Sankaranarayanan Potti (Dead) by L.Rs. Vs. K.Sreedevi and others
3) AIR 1961 CALCUTTA 359 - A.E.G. Carapiet Vs. A.Y.Derderian
4) AIR 1961 CALCUTTA 365 - Asit Ranjan Majumdar Vs. Calcutta Dock Labour Board & another
5) AIR 1997 DELHI 201 - Klaus Mittelbachert (Deceased by LRs.) Vs. The East India Hotels Ltd. & others
6) AIR 1997 DELHI 232 M/s. Arjies Aluminim Udyog Vs. Sudhir Batra
7) Complaint Case No. 2008/295 in the State Commission, Delhi Sh. Bijay Kumar Dash Vs. Citibank N.A. & another
8) Appeal No. 514 /2009 in the Honble National Commission Nand Kishore Gupta Vs. U.T.I. Bank Ltd. through Manager.
The Ops contention in the WNA was that the issues relating to the complaint were examined by the Ops in due course and inspite of there being outstanding on the personal loan the Ops redressed the grievances by canceling dues claimed on account of Freedom Credit Card and also took steps to delist the name of the complainant from CIBIL list. The Ops further argued that once the issues raised in the complaint were taken up by the Ops and were resolved and once the Ld. Banking Ombudsman had directed resolution of the given grievances with mutual agreement and follow-up steps in pursuance thereof were initiated and completed, the complaint thereafter was essentially an exercise to pursue the Ops when there was no cause of action at all. Accordingly, the Ops prayed for passing appropriate orders towards dismissal of the complaint.
DISCUSSION :
A. The complainant did not furnish a copy of agreement of the personal loan taken by him from the Ops nor filed any copy of agreement leading to the issue of given credit card.
However, the fact remains that the complainant was initially issued a personal loan for an amount of Rs. 97,000/-, and an amount of Rs. 36,949.20 continues to remain outstanding against him.
It is not very clear without the agreements having been furnished as to whether the first credit card issued to the complainant had any bearing or connection to the personal loan taken from the Ops. There is no evidence either as to whether the complainant had asked for any Freedom Card from the Ops.
However, the Ops having admitted that two Freedom Cards were issued to the complainant/another, which have since been cancelled with outstanding dues thereon being written off so far as the complainant was concerned, it is clear that the complainant had no liability in respect of those Freedom Cards, which, according to the evidence, had never been received by him or paid for on his behalf and the subsequent actions taken by the Ops pursuant to the resolution ordered by the Ld. Ombudsman could have been taken much much before when the complainant took up this matter with the Ops with utmost fervour and sincerity, but had no timely remedy. As for the version of the complainant on Ops coercing and threatening the complainant towards payment of dues on the given Freedom Cards the same remained unsubstantiated. Also there is no tangible evidence or for that matter, any specialist medical evidence that established that the complainant suffered illness/medical distress only on account of Ops pressurizing him towards payment of outstanding dues on the Freedom Cards, stated to have been issued in his name/another.
B. The Ops themselves having admitted cancellation of Freedom Cards and outstanding dues arising therefrom being written off/set off canceling complainants liability to pay off the liabilities thereon with subsequent delinking of complainants name from CIBIL list as defaulter, the primary grievances leading to the complaint stood addressed, but Ops simply have no explanation as to why they kept quiet relative/unresponsive for all the period the complainant took up his grievances with them and the same was only resolved through mutual acceptance at the Ld. Banking Ombudsmans intervention.
We also take note that the complainant has not completely paid off his dues on his personal loan, towards which his explanation is not covered by any reference to the loan agreement he had signed with the Ops. On the foregoing facts we consider that the Ops are liable on the ingredient of deficiency of service to the complainant in regard to their lack of prompt response on the complainants urging for cancellation of dues on the Freedom Cards, which were never received by the complainant and the OPs are, therefore, deemed liable to pay an amount of compensation to the tune of Rs. 10,000/- only deemed fair and reasonable on the fact and circumstances of the case, which will be required to be adjusted against the outstanding dues along with interest payable by the complainant to the OP/Bank.
In such regard we have gone through the claim of the complainant on the amount of compensation and interest, which is neither properly reasoned nor has any sound basis and hence, not found acceptable to us.
O R D E R The petition of complaint is allowed in part on contest without any order as to cost. The Ops are directed to pay Rs.
10,000/- (Rupees ten thousand only) towards compensation for their deficiency in service. The said amount of compensation will be adjusted against the outstanding dues along with interest payable by the complainant to the OP/Bank within the period/on conditions as provided by the agreement executed between the parties. The petition of complaint is thus disposed of.
MEMBER MEMBER