Complaint No: 282 of 2019.
Date of Institution: 02.09.2019.
Date of order: 11.03.2024.
Keshav Son of Dharampal Mahajan, resident of Purana Bazar, Gali Behala, Gurdaspur.
…........Complainant.
VERSUS
1. Axis Bank, Branch Gurdaspur, through its Manager. Pin Code – 143521.
2. Punjab National Bank, Near Paniwali Tanki, Hanuman Chowk, Gurdaspur, through its Lead District Manager. Pin Code – 143521.
….Opposite parties.
Complaint U/S 12 of the Consumer Protection Act.
Present: For the Complainant: Sh.Rajiv Bhatia, Advocate.
For the Opposite Party No.1: Sh.Rajinder Kumar, Advocate.
For the Opposite Party No.2: None.
Quorum: Sh.Lalit Mohan Dogra, President, Sh.Bhagwan Singh Matharu, Member.
ORDER
Lalit Mohan Dogra, President.
Keshav, Complainant (here-in-after referred to as complainant) has filed this complaint under section 12 of the Consumer Protection Act (here-in-after referred to as 'Act') against Axis Bank Etc. (here-in-after referred to as 'opposite parties).
2. Briefly stated, the case of the complainant is that the complainant took the loan of Rs.92,500/- from the opposite party No. 1 (Axis Bank) on A/c No. 49401060000051 in April, 2008. Hence, the complainant is a consumer of the opposite parties. It is pleaded that the complainant being faithful loanee repaid the whole loan amount within time and his A/c statement showing NIL balance and nothing is due against the complainant was issued. The complainant is assured by the opposite party No. 1 that his account is closed now as he has already repaid the loan amount. It is further pleaded that thereafter the complainant approached the Gramin Bank, Gurdaspur to get the loan, but he was surprised to know from the Bank officials of Gramin Bank that his name has been put into the list of CIBIL which is Credit Information Bureau India Ltd. made for Bank defaulter by the opposite party No. 1, regarding above said loan account. The complainant was shocked to see this that his name has been put into the above said list on dated 20.04.2019. Even he has already paid loan in year 2009. It is further pleaded that the complainant was compelled to face the embarrassment and shame due to his name in said list (CIBIL) and he was not given loan by Gramin Bank, Gurdaspur, rather compelled to hear many painful words, as whole of his reputation come to end due to his name in said list (CIBIL). It is further pleaded that the complainant immediately rushed to the office of the opposite party No. 1 inquired about the act and conduct of their Bank with request to issue NOC and delete his name from list of CIBIL, but the officials of the opposite party No. 1 behaved rudely with the complainant and openly refused to accept his request. The complainant made number of visit to the office of the opposite parties. As he also approached to the opposite party No. 2 which is Head Office and the opposite party No. 1 is working under them, but all in vain, as they were adamant to harass the complainant, rather demanding illegal amount from him. Even he sent a letter dated 19.06.2019 and E-mail to Bank authorities also, but nothing fruitful is done. It is further pleaded that the behavior of the opposite parties is totally anti-consumer and due to their attitude, the complainant could not obtain loan from any other bank as no NOC is issued, rather his name put in CIBIL List. He lost his reputation in society and suffered mentally and physically a lot. Even he suffered his business also, as he has to approach them daily by closing his business and due to non-issuance of fresh loan, the complainant could not expand his business and fulfill personal needs. Due to this illegal act and conduct of the opposite parties the complainant has suffered great loss and also suffered mental agony, Physical harassment and inconvenience. So, there is a clear cut deficiency in service on the part of the opposite parties.
On this backdrop of facts, the complainant has alleged deficiency and unfair trade practice on the part of the opposite parties and prayed that necessary directions may kindly be issued to the opposite parties to remove the name of the complainant from the CIBIL List and issue No Due Certificate (NOC) regarding his loan and they be also burdened to pay Rs.50,000/- to the complainant for causing mental and physical harassment and loss of business. The complainant may also be granted any other relief which he may be found entitled to.
3. Upon notice, the opposite party No.1 appeared through counsel and contested the complaint and filing their written reply by taking the preliminary objections that the present complaint of the complainant is not maintainable in the present form. The complainant has taken loan from the answering opposite party No.1 and the complainant has repaid the loan amount up to 02.07.2011. It is pleaded that every person who avails the loan from any Bank / Financial Institution is listed in CIBIL for his credit scores and the CIBIL of the complainant filed by him in this Ld. Commission shows that he has taken loan from Axis Bank and repaid the same up to 02.07.2011. Moreover in the said CIBIL report, the complainant is shown to have already taken loan from other banks also and he is also shown as guarantor of the loans taken by other persons. It is further pleaded that the CIBIL report is made only to check Credit Scores of a person who wish to take loan. The complainant is not defaulter of the answering opposite party neither he is shown as defaulter in the CIBIL report and it is wrong that the complainant was compelled to face embarrassment or shame due to his name in the said list as alleged. Moreover, it is the bank from where the complainant wish to take loan decides that the bank will advance loan to said person or not and it is also wrong that the reputation of the complainant comes to end due to his name in the said list.
On merits, the opposite party No.1 has reiterated their stand as taken in legal objections and denied all the averments of the complaint and there is no deficiency in service on the part of the opposite party. In the end, the opposite party prayed for dismissal of complaint with costs.
4. Upon notice, the opposite party No.2 appeared through its Lead District Manager i.e. Sh. Ashok Kumar and contested the complaint and filing their written reply, stating therein that Sh.Keshav S/o Sh. Dharampal Mahajan, resident of Purana Bazar, Gali Behala, Gurdaspur has taken a loan of Rs.92,500/- in March 2008 from Axis Bank. The loan was repaid on dated 02.07.2011. It is pleaded that due to some technical reason the loan account was not closed in the system and Rs.1/- as credit balance which is also reflected in the CIBIL report. It is further pleaded that on dated 05.11.2019 bank also closed the account.
5. Learned counsel for the complainant has filed Self-Attested affidavit of Keshav, (Complainant) as Ex.CW-1 alongwith Self-Attested documents as Ex.C-1 to Ex.C-3.
6. Learned counsel for the opposite party No.1 has tendered into evidence affidavit of Sh. Manish Marwaha, (Branch Head, Axis Bank Ltd., Branch Tibri Road, Gurdaspur) as Ex.OP-1/1 alongwith other document as Ex.OP-1/2 alongwith reply.
7. The opposite party No.2 has filed reply.
8. Rejoinder not filed by the complainant.
9. Written arguments not filed by the parties.
10. Counsel for the complainant has argued that complainant had obtained loan of Rs.92,500/- form opposite party No.1 in April, 2008 and the complainant had repaid the loan and was assured that account has been closed. It is further argued that thereafter complainant approached Gramin Bank for loan and came to know that name of the complainant has been put in the defaulter list of CIBIL on account of which complainant has suffered great harassment. Accordingly, the name of the complainant is required to be corrected in the CIBIL list alongwith No Due Certificate.
11. On the other hand counsel for the opposite party No.1 has argued that complainant had taken loan and repaid the said loan upto 02.07.2011. It is further argued that complainant is not defaulter of opposite party No.1 rather complainant is shown to have taken loan from other banks also and guarantor in some of the loans and opposite party No.1 has also produced No Due Certificate with the reply.
12. Opposite party No.2 has not appeared. However, Sh.Ashok Kumar LDM office of PNB Gurdaspur has filed letter on behalf of opposite party No.2 wherein it is mentioned that loan was repaid by the complainant on 02.07.2011 however due to some technical reasons the loan account was not closed in the system and Rs.1/- as credit balance which is also reflected in the CIBIL report. Account was closed on 05.11.2019.
13. We have heard the Ld. counsels for the complainant and opposite party No.1.
14. It is admitted fact that complainant had obtained loan of Rs.92,500/- from opposite party No.1 vide A/c No.49401060000051. It is further admitted fact that loan amount was repaid by the complainant in the year 2011 itself. The only issue for adjudication is whether the CIBIL score of the complainant is liable to rectified and complainant is entitled to compensation from opposite parties for non issuance of No Due Certificate.
15. To prove his case complainant has placed on record his self attested affidavit Ex.CW-1, copy of statement of account Ex.C1, copy report of Cibil Ex.C2 whereas opposite party No.1 has placed on record affidavit of Manish Marwaha Branch Head Ex.OP-1/1, letter dated 26.11.2019 Ex.OP-1/2.Opposite party No.2 has not filed any document alongwith reply which is in the shape of letter.
16. Perusal of statement of account Ex.C1 shows that installments have been paid upto 10.03.2009 and it is admitted by the opposite party No.1 that loan has been repaid upto 02.07.2011 but surprisingly opposite party No.1 has issued No Due Certificate Ex.OP-1/2 on 26.11.2019 after delay of more than 10 years while filing reply to this complaint. Perusal of letter of LDM PNB dated 10.12.2019 shows that due to some technical reason the account was not closed in the system and Rs.1/- as credit balance has which is reflected in the CIBIL report meaning thereby it is proved on record that CIBIL score of the complainant was spoiled, as opposite party No.1 failed to close the account and wrongly showed Rs.1/- as credit balance, inspite of the fact that the complainant had already repaid the loan to the opposite party No.1 in due time. Accordingly, it is proved on record that CIBIL score of the complainant got spoiled due to negligence of opposite party No.1 on account of which complainant could not avail further loan from any other bank causing him financial loss and hardship, as such deficiency in service and business malpractice is fully proved on the part of opposite party No.1.
17. Accordingly, present complaint is partly allowed with the following directions:-
i) Opposite parties are directed to get the Cibil score of the complainant corrected.
ii) Opposite party No.1 is directed to issue fresh No Due Certificate to the complainant.
iii) Since the complainant has suffered mental tension and harassment and has to undergone agony of litigation as such opposite party No.1 is directed to pay lump sum compensation of Rs.20,000/- to the complainant within 30 days from the date of receipt of copy of this order. However, if compensation amount referred above is not paid to the complainant by opposite party No.1 within given 30 days time the same shall carry interest @ 9% P.A. from the date of filing of the present complaint till realization.
18. The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.
19. Copy of the order be communicated to the parties free of charges. File be consigned.
(Lalit Mohan Dogra)
President.
Announced: (B.S.Matharu)
March 11, 2024 Member.
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