Sir, Kindly advice on the following:
For the purpose of clarity, details are given.
X filed a case in Consumer court, and the Dist. Consumer ordered the Bank to reverse all charges, supply all bills for the last 2 years so that consumer X is able to pay the principle amount, pay penalty and litigation charges to consumer X, restore the invalidated cards, remove the name of X from CIBIL, with in a month. X upon receipt of the order sent a letter to the 3 noticies i.e. local Branch Manager, Branch Manager credit cards branch at Chennai, MD at Mumbai to supply him all the bills so that he is able to pay the correct principle amount, and asked the bank to acknowledge the receipt and ensure compliance of total order of the forum.
X had asked for the terms and conditions of the card usage, policies of the bank applicable in the forum which bank did not supply, in the forum despite protest by X.
On the day one month ended, X did not receive the bills and any other letter from the bank and on his own as per his calculation deposited the cheque for the principle amount of apprx. Rs.17500.00 in local branch and obtained the receipt. Bank enchased the cheque immediately.
X received a letter with the Date exactly the last day on which one month ended, by regd.post, by a lawyer who stated he has been instructed By his client MD of the bank to reply and confirmed MD has received order of the forum and stated Bank has adjusted penalty and litigation charges in the card account and after the payment of Rs.17500.00 nothing is due to paid by X. This letter did not mention restoration of invalidated card, supply of bills for last 2 years, reversal of charges etc.
X filed the execution petition. Bank kept on obtaining dates on pretext or another. MD and Branch Manager credit cards branch at Chennai are termed X party.
Local Bank employee and layers gave a written statement in bank that old card can not restored and bank is willing to issue new card with same benefits. X has pushed hard and submitted two letters to the local branch of the bank asking to supply the card as per their statement before the next date in forum.
Interestingly bank has replied from their email to email of X that his card can not restored since his card was invalidated due to non payment of dues ( while in the execution proceedings ban has declared nothing is due) and advices X to pay immediately to avoid levy of further charges. X immediately wrote to official email id of MD, chairman, branch manager and quoted this email as an act of extortion. Ban has not replied. The lawyer of the bank refused to comment in writing and orally stated in forum X can file a suit of defamation. X wants to file a criminal case citing financial misappropriation. Is it possible and how.
What should be the right approach of X on this email of bank.
Now the local lawyer and another lawyer who also functions as conciliator for the bank have stated in writing to bank:
1. Since the card has been invalidated the A/c in computer has been moved from category to category Z, and old bills can not be generated, and that the bank had already supplied the bills to X. Local bank submitted an E statement received by email from some other branch showing the amount reversed and that after all adjustments bank has to pay Rs.30.00 to X which shall be paid by DD on next date.
How can X obtain all pending monthly bills for last 2 years to study the illegal and overcharging by bank and how can X counter the above statement of bank and what is category Z of account. How can X convince the forum that there is nothing called as category Z.
2. Since the previous card has been invalidated bank can issue new card and X shall have to sign a new application form, supply a photo and ID proof, as per RBI rules but did not supply RBI rules. Are there any such RBI rules. How can X succeed in getting these RBI rules in forum? Should X agree to sign a new application form with printed terms and condition as part of the form or not. If he may agree then which on which terms and conditions.What are his alternatives.
3. Bank has not submitted Terms and conditions, of old card, and neither copy of application signed by X for old card, and thus what were the old terms and conditions. How can X succeed in getting these? Is there any judgment available on this? How can X obtain order that old terms and conditions shall continue and for any new terms and conditions bank has to allow X to obtain legal opinion on new terms and conditions? Can X obtain order that new terms and conditions printed on application form e.g bills shall be sent by normal post only, bank shall contact on phone as and when required ( Is it a legal right of the bank to make it mandatory for the customer to write his phone numbers on application form or they shall reject it) and that bank shall have the legal right to recover their charges thru civil suite/summary suit/ file a case from any of its office and anywhere.
4. President of forum recorded in proceedings during execution, and asked the bank to submit in writing to the name of X has been removed from CIBIL, SATYAM and any other agency.
Bank has submitted copy of CIBIL report to forum and local representative of bank (not Branch Manager) submitted written statement name from CIBIL has been removed, however X has noted his transunion score shown in CIBIL report is low. Bank stated orally they have not arranged to record the name of X in SATYAM and some other branch of the bank might have done, which they are not aware of. X knows that bank had declared X a defaulter in SATYAM. What is SATYAM. Kindly provide its address. How can X force bank to declare that they had not removed X from SATYAM despite orders.,and obtain a copy of Fresh Satyam( master card negative feedback ) report, from the bank in Forum
5. Lawyer of the bank made an oral statement that X had abused and threatened bank employee when he submitted his written letters and obtained receipt. X protested and demanded CCTV record of the bank to substantiate the statement. President of the forum has not recorded it in the proceedings.
What should be done by X. Should he press that bank has lied during judicial proceedings. How can he prove it.
