The customer, Amit Mittal, filed a complaint with Delhi State Consumer Disputes Redressal Commission against the branch head of Citibank, Punjabi Bagh, Hemant Kumar, and all business head India N Rajashekaran. Rajashekaran was let off on the grounds that being in charge of the country's operations, his relation to the incident was "too remote to invite liability for any such mischief or negligence". Kumar, however, was told to pay the compensation.
While deciding the quantum of compensation, the forum observed that "despite all considerations the amount has to be somewhat arbitrary in character". "It must be realized that in cases of this nature, the amount of compensation has to include an element of fine, and while fixing the amount, it has to be borne in mind, that the amount should be such that it deters other financial organizations from any such performance, and to be more vigilant and watchful," read the order by the bench of commission members.
Mittal, holder of three Citibank credit cards, accused the bank officials of "illegally" leaking and "supplying copies" of his credit card statement to a third party. Mittal claimed that this confidential information, between November 2003 and January 2009, was produced during a private dispute pending with an unnamed party, and asked for a compensation of 30 lakh.
The allegations were denied by both parties in separate written statements, saying they had not rendered any service to the complainant in their individual capacity. The bank officials argued their case on various grounds. Their foremost argument was that Mittal was unable to disclose the particulars of the third party and the civil court case.
They also argued that the copy of the account statement filed by Mittal was on a plain paper sheet, whereas an account statement provided by the bank is on the "stationery of the bank".
The officials also pleaded that the information could have been received by the party that is the add-on holder of the cards. To this, the commission remarked that the bank could have supplied an application or a record that information was provided to the party.
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