N.MOHAN 07 July 2017

Credit card default

IN FEB'2017, I RECEIVED A CALL FROM R7, POLICE STATION AND ASKED ME TO COME TO THE STATION FOR ENQUIRY ON RBS CREDIT CARD DEFAULT ,COMPLAINT GIVEN BYREPRESENTATIVE OF KOTAK BANK. SINCE MY JURIDSECTION IS R3 AND ASKED TO SEND OFFICIAL SUMMON. U/s 91 &160 THEY SENT A SUMMON AND MENTIONED THAT I HAVE TO PAY Rs 9,04,000/- AND THREATENED THEIR PERSONS, WHENY THEY CAME FOR COLLECTION. I WENT TO THE POLICE STATION AND DENIED THAT I DIDN'T USED THEIR CREDIT CARD, BUT INSPECTOR INSISTED ME TO COMPROMISE WITH THEM FOR SETTLEMENT OTHERWISE I WILL BE ARRESTED. I ASKED 2 DAYS TIME AND GIVEN A DETAILED COMPLIANT TO Dy. COMMISSIONER OF POLICE AND TOLD THAT I HAVE WON THE CASE IN EP COURT FILED BY THE KOTAK AND TAKE REVENGE FOR IT THEY FABRICATED. I ADVISED BY MY FRIENDS TO TAKE AB FOR PRECAUTION. I FILED IN PSJ COURT AT CHENNAI HIGHCOURT AND GOT IT. BUT JUDGE REFERRED TO MEDIATION CENTRE. BUT, THEY NEVER PRESENT FOR 4 SITTINGS AND TOLD IN THE COURT BY PP THAT INSPECTOR NOT REGISTERED THE CASE, SO THE AB PETITION DISMISSED. AFTER 1 MONTH THROUGH RTI, I APPLIED FOR THE COPY OF THE COMPLIANT. THEY REPLIED THATCSR REGISTERED AND IT IS UNDER INVESTIGATION. AS PER THE SEC8(1)H OF RTI ACT, INFORMATION WHCH WOULDIMPEDE THE PROCESS OF INVESTGAIONS OR APPREHENSION OR PROSECUTION OF OFFENDERS IS EXEMPTED FROM DISCLOUSURE.

I OBTAIN MY CIBIL REPORT AND CHECKED THOROUGHLY. I HAD ONE RBS CARD AND OUTSTANDING SHOWN AS Rs 27537/- AND THAT TOO REPORTED AS WRITTEN-OFF. NOW IT IS CONFIRMED THAT THEIR COMPLAINT WAS FABRICATED WITHOUT ANY SUPPORTING DOCUMENT.HOW TO GET THE COMPLAINT COPY? IS THEIR ANY PROVISION TO ARREST THE COMPLAINANT AND GET ANY COMPENSATION FOR THE MENTAL AGONY AND TORTURE GIVEN TO ME. KINDLY ADVISE ME GOOD REMEDY FOR THIS

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4 Replies

G.L.N. Prasad (Retired employee.) 08 July 2017

As a victim, you are bound to get a copy of complaint under RTI. Simple denial with 8 (1) (h) is not correct and they should justify how disclosure and supply of the complaint can impede the progress of investigation, when applicant is himself a victim. Go for first appeal and get the complaint copy. CIBIL record is not final and there is no mandatory directions to report all credit card dealings to CIBIL. Further written off amount of Rs.27,537/-'s date is important, as rate of interest on credit card dues are heavy.

You have defaulted the payment. CIBIL accounts disclose that amounts were written off. The amount you have utilized belongs to Public. Now you want remedy against the Bank that wishes to recover legitimate dues from you and when they are sincerely performing their duties ?

If you do not have any dues with the Bank, the presumption is that Bank is not dare enough to resort to such extreme step of reporting to police. Officials have a transferrable job and never interested in involvement of such criminal complaints.

N.MOHAN 08 July 2017

Thanks for your response. In cibil written- off amount reported in 31/07/2016 and again 31/03/2017 also same. They mentioned total written off 27537 and principal written of as 20678. what they claimed through Police is 9L +, But, there is no such report in CIBIL for that amount. Moreover,if there claim is genuine, why not they refused to give copy of the complaint & statement.of account. I am sure I didnt have more than 1 card of RBS (former ABN) and It is only revenge for the case I won in the EP court.

Since it is clear cut case of false compliant, how can I proceed further legally