• What action can be taken against SBI

Hello,

On 25.06.2014 one executive from SBI Credit card department approached to me at my office at Guwahati for new credit card. I took the card as he was requesting me like anything. But i never used the card afterwards and even I had not broke the seal of the credit card envelope. In the month of Aug'16 i got call from the SBI customer care executive that overdue against my card is Rs. 4785/-. I asked him where i have spent that money, then he informed me that this is the cumulative of dues of annual charges. I tried to explain him and make him understand that i have not used that card yet but still why should i pay the amount. He told me that if i dont pay the amount my CIBIL score will be bad and i cant go for any loan in future. So i agreed to pay the amount in 2/3 installment and i finally paid all the due amount by 03.10.2016. Recently when i required loan and i checked by CIBIL score then i found that the CIBIL score is down due that card and the status that is written by SBI is "Willful defaulter and written off". So i want to go legal against SBI as they decleared me as willful defaulter and which ruined by credit score. I recently called them up for the same issue and they said they will update the CIBIL soon. But still i would like to go legal against threm. Please advise how to approach for that and can i lodge complaint to Consumer Court? Please advise further course of action. Thanks
Asked 7 years ago in Civil Law

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5 Answers

1) you must always read terms and conditions of application for credit card before accepting the card

2) you would be bound to pay the annual charges for usage of card

3) if you have paid the dues and marked as defaulter file complaint before consumer forum against bank for deficiency in service and seek compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

1. This is an instance of severe mismanagement and deficiency of service.

2.You must file a case again the bank for the illegality done by the bank.

3.The most cost effective and efficacious remedy for pecuniary damages would be to file case before consumer forum seeking damages.

4.If you want to improve your CIBIL score then file writ petition in high court.

For further legal assistance you may feel free to contact me by visiting my site www.acelegalfirm.com.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

If you have been marked as a defaulter despite having paid all the outstanding dues of the bank then this is a case of grave deficiency in service, which is actionable before the consumer forum through a petition for damages. Move the Consumer Forum immediately.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You first issue a legal notice to SBI demanding their apology and compensation for erroneous acts which caused you so much concern besides updating the CIBIL to clear the adverse remarks in their site against your name.

If there is no proper action, you may approach consumer forum seeking relief and remedy.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

1. File a complaint case before your local District Consumer dispute Redressal forum alleging deficiency in service and unfair business practice claiming substantial damage with interest and cost.

2. Alternatively you can also file a damage suit claiming the above damage with interest thereupon also praying for a direction upon the CIBIL authority to correct their record as per the court order.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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