Pankaj Majumdar v. Union of India and 5 Ors

ORDER

20.06.2024 Heard Mr. L.P. Nath, learned counsel for the petitioner. also heard Mr. K. Das, learned counsel for the respondent no.3 and Mr. R. Chakravarty, learned counsel for the respondent no.5. 2] This writ petition is filed by the petitioner praying for a direction to the respondents to cancel the State Bank of India (SBI) Credit Card bearing No.6530039664989104 issued by the respondent no.4 to the petitioner and with a further prayer for a direction to the respondent no.5 to remove the adverse impact of the said SBI Credit Card on CIBIL Trans Union Score provided by Page No.# 3/4 respondent no.5 after cancellation of the said Credit Card by the respondent no.4. The petitioner has also prayed before this Court that the respondent no.5 may be directed to provide the new CIBIL Score instantly to the petitioner and to publish it after removing the adverse score on the said Credit Card of the petitioner. 3] The petitioner before this Court is aggrieved that the Credit Card bearing No.6530039664989104 issued by the respondent no.4 reflects dues to the said Credit Card statements and therefore, the CIBIL score which is maintained by the respondent no.5 reflected adverse scores on the writ petitioner. Learned counsel for the petitioner submits that the dues reflected in the said Credit Card are not supposed to be paid by the petitioner. The petitioner claims to be a reputed businessman of the State and undertakes various construction works and as such, adverse CIBIL score has the effect of altering his financial credibility before the financial institutions and therefore, he has come before the Court with the prayers made. 4] Upon hearing the learned counsel for the parties, this Court is of the view that the primary claim of the writ petitioner is a claim for damages, and for a direction to the respondent No.5 to alter the CIBIL Score of the petitioner in respect of his credit card score. Page No.# 4/4 5] Considering the prayers made and the issues involved in the writ petition, this Court does not find it as an appropriate case to invoke the writ jurisdiction under Section 226 of the Constitution of India as there are disputed questions of facts raised in this petition without the required evidence that will be required to arrive at a conclusion to decide these issues. 6] At this stage, after arguing the matter at some length, learned counsel for the petitioner prays before this Court seeking liberty to withdraw the writ petition. However, he submits that he may be granted liberty to approach a competent Court of civil jurisdiction to file a suit for damages and claim other reliefs as may be so advised. 7] In view of the prayers made by the learned counsel for the petitioner, the writ petition stands dismissed on withdrawal. However, liberty is granted to the petitioner to approach the competent Court of civil jurisdiction to avail remedy as permitted under the law.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010068462023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1827/2023o PANKAJoMAJUMDARo S/OoLATEoNITYANANDAoMAJUMDER,oR/OoFLAToNO.o1-DoSUNDARAMo APARTMENT,oTRIPURAoROAD,oJAYANAGARoCHARIALI,oBELTOLAo GUWAHATI-781028,oDIST-KAMRUPo(M),oASSAM VERSUSo UNIONoOFoINDIAoANDo5oORS.o REPRESENTEDoBYoSECRETARYoTOoTHEoMINISTRYoOFoFINANCEo3RDo FLOOR,oJEEVANoDEEPoBUILDINGoSANSADoMARG,oNEWoDELHI,oDELHI- 110001 2:GOVERNOR oRESERVEoBANKoOFoINDIA oMAINoBUILDING oPOoBOX-901oSAHIDoBHAGAToSINGHoROAD oMUMBAI-400001 3:CHAIRoPERSON oSTATEoBANKoOFoINDIA oHEADoOFFICEoSTATEoBANKoBHAVANoMADAMoCAMAoMARGE oMUMBAI-400021 4:MANAGINGoDIRECTORoANDoCHIEFoEXECUTIVEoOFFICERo(MDoANDoCEO) SBIoCARDSoANDoPAYMENTSoSERVICESoLIMITED oDLFoINFINITYoTOWERS oTOWERoCo12THoFLOOR oBLOCK-2 oBUILDING-3 oDLFoCYBERoCITYoGURGAON-122002oHARYANA oINDIA Page No.# 2/4 5:MANAGING DIRECTOR TRANS UNION CIBIL LIMITED ONE WORLD CENTER TOWER 2A 19TH FLOOR SENAPATI BAPAT MARG ELPHINSTONE ROAD MUMBAI-400013 6:OMBUDSMAN OFFICE OF BANKING OMBUDSMAN RESERVE BANK OF INDIA PANBAZAR KAMRUP (M) ASSAM GUWAHATI-0 Advocate for the Petitioner : MR. L P NATH Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA