2L compensation for wrong entry in CIBIL
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full case
"4. Brief facts of the case, as emerged from the RP,
Order of the State Commission, Order of the District Forum and other
case records are that Complainant had an American Express Credit Card
having credit limit of Rs.3.20,000/-. On 30.04.2012, complainant
received a letter from Mr. Thukral Bali, Operational Head-Credit
Services, American Express revising his credit limit which was lowered
to Rs.2,48,000/- due to Credit Information Bureau Ltd. ( CIBIL) rating.
He was shocked and when he obtained the CIBIL score, he found that CIBIL
score was affected to OP as OP had shown amount of Rs.1,74,644/- as
outstanding against amount of Rs.5640/-. According to complainant, he
had duly paid the due outstanding amount of Rs.5640/- to the OP and
personally handed over the proof of said payment to the Credit Card
Division of the OP at Bangalore. The new Omni Report / statement of
transactions of saving account for the period 01.04.2002 to 31.03.2003
shows that amount ofRs.5640/- has been debited from the account of
Complainant. On 06.09.2012 complainant lodged a complaint
electronically with Nodal Officer. Complainant stated all the facts and
enclosed proof of payment to the OP with copy to the Head Service
Quality India and South Asia and got the auto reply acknowledgment on
the same very day. Complainant did not receive any further
communication from OP for the auto acknowledgment mail dated 06.09.2012.
On 06.12.2012, complainant approached to the Banking Ombudsman. On
28.12.2012 complainant received a letter from American Express denying
Credit Card to him due to CIBIL score. It is the case of the
complainant that in response to the letter from the Banking Ombudsman,
OP’s Nodal Officer at Mumbai forwarded a copy of reply dated 08.01.2013
to the Complainant stating that OP has not received the payment and the
amount due is Rs.2,17,019.65 from the Complaint and it was directed that
complainant should take up the matter with UTI Bank, with whom the
complainant had no relation. . In response to the reply dated
08.01.2013 of the OP, the complainant again sent detailed reply to the
Banking Ombudsman on 12.01.2013 and requested for issuing direction to
the OP to investigate the matter with Axis Bank and clear the
outstanding and status mentioned on his credit record. It is further
the case of the complainant that matter could not be closed and it has
not been resolved as the small amount of Rs.5640/- which was already
paid, has amounted into an outstanding of Rs.2,17,019.65. On
07.03.2013, complainant received letter from ICICI Bank, Vadodara Branch
confirming that payment was made to the OP via UTI Bank alongwith copy
of cheque which had stamp of OP dated 03.02.2003, IPCMS as well as
SCB-BDQ thereby confirming that cheque was received by OP On 03.02.2003
and forwarded to ICICI Bank for clearance through UTI Bank with whom
they had IPCMS arrangement. The OP vide their email dated 19.03.213
accepted that the payment has been made and thereafter, Banking
Ombudsman by the letter dated 23.03.2013 closed the complaint.
Ombudsman found that claim of the complainant was true and closed the
complaint. According to the Complainant, he suffered mental pain and
agony due to the said act of the OP inspite of payment of due amount
well within time. Complainant lodged complaint electronically with
Nodal Officer and receiving no reply, complainant sent legal notice to
the OP. Even said notice was not replied by the OP. Being aggrieved,
the Complainant filed CC before the District Forum and District Forum
vide order dated 07.01.2016 dismissed the complaint. Being aggrieved,
the Complainant preferred an Appeal before the State Commission and
State Commission vide order dated 30.07.2019 allowed the appeal of the
Complainant. Therefore, OP is before this Commission now in the present
RP."
w
whats the use of banking ombudsman if he had to file a case with court.