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2021 Supreme(Online)(Guj) 426

GUJARAT STATE CONSUMER DISPUTES REDRESSAL COMMISSION, AHMEDABAD
* V. P. Patel (President Member), U. P. Jani (Member)
Deven Rasik Dagli v. Standard Chartered Bank
Consumer Complaint No. 24 of 2014



Banks must adhere to reporting procedures under Consumer Protection laws to prevent wrongful defaulter status reporting.

Headnote:The court analyzed the Consumer Protection Act, 1986, particularly S.17, involving a consumer complaint against a bank for unfair trade practices, deficiency in service, and harassment. It found the bank liable for failure to maintain confidentiality and report accurate credit information. The main issues revolved around the illegal default status reporting and lack of response by the bank. The court concluded that the complainant was entitled to compensation and ordered the removal of the default status from the CIBIL records.

Table of Content
1. consumer complaints must be substantiated with accurate evidence. (Para 1 , 2)
2. argument must be based on documentary evidence and legal provisions. (Para 6)
3. deficiency in service can lead to compensation claims. (Para 9 , 10)
4. court orders must comply with consumer protection laws. (Para 14)

1. The complainant has filed the consumer complaint under S.17 of the Consumer Protection Act, 1986 (For short 'The Act') against the opponent bank claiming main relief in terms of para 23 which reads as under:
(a) Hon. Commission be please to order the opponent bank to pay to the complainant an amount of Rs. 40,00,000 (Rupees Forty lakh Only) with 12% running interest from 12.3.2012 till payment to the complainant.
(b) The opponent be ordered to take all necessary steps to get removed and get removed and deleted the 'DEFAULT STATUS' of the complainant from the records of CIBIL in the manner as if the such status was never reported to CIBIL.
(c) The opponent be restrained permanently from reporting periodically or otherwise to CIBIL or any other credit information company regarding any defaults or default status of the complainant in respect of both the credit cards stated above bearing credit card Nos. 5543 7480 9000 9306 and 4129 0380 9001 9215.
(d) Hon. Commission be pleased to order the opponent bank to pay Rs. 50,000/- (Rupees Fifty Thousand Only) by way of costs to this complainant.
(e) Hon. Commission be pleased to grant any other or further relief or reliefs that may be necessary in the interest of justice.

2. Facts of the complaint:
Short facts giving rise to the present complaint are as under: The complainant has taken two credit cards from the opponent bank before the year 2001 being credit card Nos. 5543 7480 9000 9306 and 4129 0380 9001 9215. The complainant was paying regularly the amounts due as per statements received from the opponent from time to time for both the credit cards. From the beginning the statement were not received in time and mostly statements were being received after the due date for payment was over. Even if the due amount is paid fully the next statement was being received with late payment charges and interest. The complainant made representation to the local branch but the problem was not solved and the same has been continued. The entire outstanding amount for the cards were consisting the illegal late payment charges and interest and interest on interest amount.
2.1 It is submitted that complainant has visited the local branch of the opponent bank and intimated that he did not want to continue both the cards and the same may be cancelled and discontinued immediately. The concerned branch executive told that both the cards will be discontinued and the complainant will be informed in writing about the same. Thereafter, complainant was not using the cards. In spite of this complainant has received the statement in which opponent have charging further and additional, exorbitant and illegal interest amounts and late payments charges as well as interest on interest. After such surety given by the executive of the opponent to the complainant, complainant has not received any letter from the opponent about the discontinuing or closing the cards.
2.2 It is further submitted by the complainant that after trapping card holders, if any card holder objects to such illegal charges, the opponent bank was resorting to illegal and criminal activities to pressurize card holder to make payments. The opponent was also sent some unauthorized person who threats the card holders to commit criminal assault.
2.3 The complainant has sent the letter dated 16.4.01 which was duly served but opponent was never replied. The letter was sent to the opponent, wherein it is specifically stated to the opponent to send full accounts of all charges, interest amount, details of rate of interest and the period of amounts were debited etc. and if opponent is fail to send the same to the complainant, it will be presumed that t











































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