STANDARD CHARTERED BANK Vs. MADHUSUDAN KAKANI

JUDGEMENT

(1.) This is an appeal preferred by the opposite party, Standard Chartered Bank against the order of the District Forum directing it to pay a compensation of Rs.50,000/- together with costs of Rs,2000/-.

(2.) The case of the complainant in brief is that he had a Credit Card with the appellant bank, vide Gold Card No.5543 7586 9603 and 0764 along with an adon Cards with a cash limit of Rs.68,000/-. On 14.09.2004 he paid the entire due amount of Rs.19,483/- and got cancelled all his credit cards. However, again he received a bill for Rs.7,424.02 though he was not in arrears. He paid an amount of Rs.4,000/- on 16.04.2005 and obtained a full and final settlement letter. Yet again he received a notice dt. 27.12.2005 demanding Rs.4,555/- with an endorsement that YOUR NAME HAS BEEN INCLUDED IN THE DEFAULTER LIST. THIS IS A SERIOUS MATTER, WHICH AFFECTS YOUR CREDIT WORTHINESS. PLEASE CONTACT MANAGER, CUSTOMER ASSISTANCE On that he issued a legal notice dt.16.01.2006, which was received by the bank under acknowledgement, Ex.A.8. However, no reply was given. On that he filed the complaint for a direction to delete his name from the defaulter list together with compensation of Rs.1,00,000/- and costs.

(3.) The opposite party resisted the case. It alleged that there was some outstanding amount payable on his accounts and on the request of the complainant, it agreed to close his accounts by taking Rs.4,000/-. Accordingly, the complainant paid Rs.4,000/- on 15.04.2005 and it had issued a full and final settlement letter. He did not pay the entire dues. At no time, harassment was made. The complainant might have received the statements showing the balance amount. In fact the bank had to send the settlement letter to the Head Office situated at Chennai for zerovisation of his accounts by informing about the settlement. Since it has to be routed through several departments, it took some time for issuance of zero balance statement. The statement that was received by the complainant was a computer generated one which was sent to the complainant due to over sight. It admitted that it has received the amounts towards full and final settlement. It prayed for dismissal of the complaint with costs.