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SANKARAN.G. (supdt.)     25 September 2009

Can i make a compliant against CITI BANK?

I had a City Bank Credit card during 98 and it was  closed during 2002.  in 1999, i booked two trains tickets from Delhi to Chennai for Rs.2500/-(approximately) and immediately it was cancelled.  However, the credit was not given back even when i closed the account.  Between 99 to 2002, I paid huge amount towards late payment fee,  etc.  Now, when i dig my old records,  I found  city bank issued a letter stating that whenever they get the credit, they will revert.  With that can I go for a  claim against City Bank ?



Learning

 23 Replies

Adinath@Avinash Patil (advocate)     25 September 2009

First you issue notice  to citi bank  if  bank not responed then  you consumer coplain against citi bank.

2 Like

(Guest)

 Adinath Sir is right...... u have to to go consumer forum in ur district

adv. rajeev ( rajoo ) (practicing advocate)     26 September 2009

Ur a consumer of the Citi Bank. Bank has failed to provide you necessary service. 

I agree with Adinath Sir,

1 Like

Kiran Kumar (Lawyer)     26 September 2009

....consumer litigation is fine....but there is one apprehension in my mind....as the guest said he found the letter from his own record....that means the letter was sent prior to the transaction, and the payments were made between 1999-2002, so now the limitation period of 2 years under the CPA, 1986 is gone.

 

is the complaint under CPA is maintainable now.

2 Like

SANKARAN.G. (supdt.)     26 September 2009

Thanks a lot .  My querry is can it be maintainable under law of time limit or will it be against me?

SANKARAN.G. (supdt.)     26 September 2009

Sir,  I paid so much on  late payment fee and the  interest @36% for nearly 4 years for the amount which i am suppossed to get back .   But, now the question is is it tenable before law at this point of time i.e. after about 11years.  I solicit your valuable advice.

N.Ramakrishnan (Advocate/ Senior Partner)     26 September 2009

Dear Mr. sankaran,

Mr. Kiran is right. Your claim is in all probability barred by limitation. The best solution for you is to issue a notice to Citi Bank and wait for their reply. It could be that your account must have been closed prior to they getting the credit from Railways and therefore the amount may be lying in suspense account. The lapse of time is against you. Your course of action can be decided only after receiving the bank's reply.

Thanks, Ramakrishnan, ADV

2 Like

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     26 September 2009

Dear Author,

U should issue notice to bank first.

1 Like

Saifullah.C (Advocate,Chennai)     26 September 2009

Dear Mr .Sankaran, Well, I have gone through your query and also appreciate the Learned brothers views on your matter.However, I am of the opinion that, the documents in your possession has to be thoroughly scrutininsed in order to ascertain whether you are entitled to any relief.Wish you all the best. 

1 Like

Sachin Bhatia (Advocate)     26 September 2009

Mr. Kiran is rightly point out the limitation.

The complaint should be filed within 2 years from the date of cause of action.

1 Like

Sarvesh Kumar Sharma Advocate (Advocacy)     27 September 2009

send a notice,wait for reply of notice 15 days (sh there is no specific time )and file compemtation suit before the consumer court.

1 Like

Adinath@Avinash Patil (advocate)     27 September 2009

Don't wprry

You have good case first issue notce to bank stating all facts, if bank replies your notice or keep silent .In my opnion  limitation starts the same date.

For filing consumer complaint /application, you don't worry, you can file delay condonation application. Consumer forum will condone your delay.

Don't be excited from different opinions.Be confident & possitive things are in your favour, don't west time ,every thing is possible.

Isaac Gabriel (Advocate)     27 September 2009

If the railway ticket is booked on line and subseqently cancelled,the amount deited would fall back in the same account from which it was drawn.This could be vrified through the refund status on the website.The reply  by the bank that the same would be reverted on on  refund  reveals that the amount has not fallen back on cancellation.So,before resorting to legal action whatsoever,you have to ascertain the fall back of the amount form the railways.

1 Like

SANKARAN.G. (supdt.)     28 September 2009

It was not done through online.  It was done through booking counter and paid the credit card for the amount.    Anyhow, the credit would have back to CITI BANK and my question is why they have not given credit for the amount received and on the other hand i continusoly paid interest for which i have never used it. 


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