Orissa

Sambalpur

CC/11/2021

Balaram Mishra - Complainant(s)

Versus

1.Panjab National Bank, - Opp.Party(s)

02 Jan 2023

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer.Case No.- 11/2021

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member

 

Balarm Mishra,

S/O-Late Harihar Mishra, At/Po- Parmanpur,

Sambalpur-768200, Odisha                                                                    ......Complainant.

Vrs.

1. Punjab National Bank,

Paradeep Branch, Bank Street,

              At/Po/Ps- Jagatsinghpur,

              Pin- 754102, Odisha,

2. Panjab National Bank (The Corporate Office)

Plot No. 4, Sector 10, Dwarka, New Delhi,

Pin- 110075,

3. The CIBIL, Trans Union CIBIL Ltd.

               (Formerly known as Credit Information Bureau India) Ltd.

               One India Bulls Centre, Tower 2A, 19^th Floor,

     Senapati Bapat Marg, Elphinstone Road,

Mumbai-400013, Maharastra......O.Ps.

Counsels:-

1. For the Complainant       :-         Himself
2. For the O.P.No. 1 & 2     :-         Exparte
3. For the O.P. No. 3           :-         Sri. B.Panigrahi, Advocate & Associates

 

Date of Filing:18.02.2021,Date of Hearing :05.12.2022, Date of Judgement : 02.01.2023

Presented by Sri Sadananda Tripathy, Member.

1. The case of the Complainant is about the deficiency in services, intentional negligence, cheating and caused intentional harassment to the Complainant by the OPs. On dtd. 11.02.2016 the Complainant visited he united Bank of India, Nayapada branch, Sambalpur for taking loan towards meet urgently requirement of funds against the account No. 040110095318. After verification of account by the united bank of India, has denied him to providing any loan because of an outstanding of Rs. 1,81,839/-. The Complainant visit different bank for loan but any of the bank at Sambalpur not willingness to provide the loan to the Complainant because an outstanding of Rs. 1,81,839/- is pending in the Complainant name against a housing loan for which Complainant suffer a lot and financial harassment due to non provided loan by the different banking authority. The Complainant wrote several letter to the OP No. 3 CIBIL and filed a Complaint before the OP No. 3 vide No. D000260690 dtd. 12.03.2016 for correction of CIR and remove his name from the list. On dtd. 14.03.2016 the OP No. 3 has informed the Complainant through a letter that a Bank account related to some other person vide Loan A/C No. 21660NC99902901 was submitted to the CIBIL by the Punjab National Bank OP No. 1 & 2. The OPs are assured to the Complainant for correction and the Complainant wait for necessary correction, but the OPs are taken no steps for correction. The Complainant is sending reminders to the OP No. 3 in the prescribed forms, the OP No. 3 replied that the necessary correction has been made by the OP No. 1 & 2 in the CIR which were wrongly submitted by the OP No. 1 & 2 to the OP No. 3. On dtd. 18.05.2018 the OP No. 3 sent an e-mail to the Complainant that the CIBIL account of the Complainant has been removed from CIBIL and again sent e-mail to conveyed their regret for the inconvenience cause to the Complainant. The Complainant filed a complaint before the Hon’ble Lokpal, Reserve Bank Of India, Bhubaneswar with a prayer of Rs. 5,00,000/-towards compensation for mental agony and loss of prestige and deficiency in service and committed error. On dtd. 18.06.2019 the office of the Ombudsman, Bhubaneswar signed by the Asst. Manager Sulekha Basak written to the Complainant Bank has committed error and also they have corrected the same but denied to have committed any deficiency in service to the Complainant. The Complainant suffer a lot since 11.02.2016 to 18.05.2018 with loss of prestige due to gross deficiency on the part of the OPs. And financial loss and mental agony and filed a case before the consumer forum vide Case No. 54/2019 and the said case is withdraw with a liberty to file a case fresh as provision of Order 23R (1)(3) of Civil Precedure Code 1908 as per order dtd. 12.01.2021.
2. The Op No. 1 & 2 are set exparte. The Written Version of the O.P No. 3 is engaged in the business of creating, storing, retrieving, compiling, collecting, processing and maintaining a data bank of credit  information relating to both individuals and entities of all types whether incorporated or not, for the use of banks, financial institutions, etc. Dealing with the distribution of credit. The OP No. 3 functions as a credit information company under the provisions of CICRA read with the Credit Information Companies Rules, 2006 and the Credit Information Companies Regulations, 2005. In terms of Section 18 of CICRA, it is clear that not with standing anything contained in any law for the time being in force, any dispute on matters relating to the business of credit information is required to be settled solely by arbitration or conciliation under the Arbitration and Conciliation Act, 1996 and not by way of a consumer complaint. The OP No. 3 is not responsible for the accuracy, completeness and veracity of any of the information reported/submitted by the member credit institutions. Such responsibility lies with the reporting institutions as per CICRA and the Rules & Regulations made there under. It is further submitted that when information/data as required under the CICRA is submitted by a member credit institution, OP No. 3 has no reason to believe that any information therein is correct. U/s 31 of CICRA, no suit or other legal proceedings can inter alia against OP No. 3 for anything done by it in good faith or in pursuance of CICRA or any other law for the time being in force. In view of the well-defined provisions of the CICRA and the Rules and the Regulations made ther under, the Complainant ought to have taken up his grievance directly with the other OPs.
3. From the version and submission of the parties it is found that From the supra discussion it is clear that as a customer of the O.P. No.1 & 2 and due to the latches of O.P. No.1 &2, the Complainant debarred to get loan from different Bank  and suffer a lot and financial harassment. It amounts to deficiency in service on the part of O.P. No.1& 2.

 Further the OP No. 3 is not responsible for the accuracy, completeness and veracity of any of the information reported/submitted by the member credit institutions. Such responsibility lies with the reporting institutions as per CICRA and the Rules & Regulations made there under. So there is no deficiency in part of the O.P. No.3.

Accordingly, it is ordered:

 

 

ORDER

The complaint is allowed against the O.P. No.1 & 2 and dismissed against O.P. No.3 on contest. For the deficiency in service of O.P. No.1& 2, the Complainant debarred to get loan from different Bank  and suffer a lot and financial harassment. The O.P. No.1&2 is directed to pay a compensation of Rs.10.00 lakhs with 4% interest P.A. from the day of filing of this order and also pay Rs. 10,000/- toward litigation expenses to the Complainant. In case of non payment the amount will carry 9% interest P.A. from date of filing of complaint till realisation.

 

Order pronounced in the open Court today on 2^nd day of Jan. 2023.

Free copies of this order to the parties are supplied.