This complaint is filed u/S 35 on the Consumer Protection Act, 2019 alleging deficiency in service as well as unfair trade practice against the OPs as the OPs did not take any step to unblock the card and remove his name from the CIBIL score till filing of this complaint.

The petition of complaint reveals that the Complainant took financial loan from the OPs to the tune of Rs.78,400/-, which was required  to be repaid through EMI, but due to some reasons the amount was not repaid by the Complainant due to inadvertence and ultimately the OPs have blocked his EMI card and enlisted his name in the CIBIL score. Against such action of the OPs the Complainant has approached before this Ld. Commission praying for direction upon the OPs to unblock the EMI card, remove the name of him from the CIBIL score along with payment of cost and compensation to him,

During argument on the point of admissibility of this complaint the was asked as to whether the prayers as made out by him are at all maintainable before this Ld. Commission under the purview of the Consumer Protection Act or not. The Complainant did not give any positive answer to this question. Upon careful consideration of the pleading of the Complainant in our view the prayer for direction to the OPs to unblock the said card along with removal of his name from the CIBIL score cannot be maintainable before this Ld. Commission under the Consumer Protection Act. We are of the view that as the Complainant had failed to repay the loan amount along with agreed interest within the specified period, hence his name has been enlisted in the CIBIL score, which cannot be adjudicated upon by this Ld. Commission. For this reason the Complainant is given liberty to approach the competent Court/Forum/Commission.

Going by the foregoing discussion hence it is ordered that the Consumer Complaint being no-CC/78/2021 is hereby dismissed without being admitted. Considering the facts and circumstances of the complaint there is no order as to cost.

As the complaint is not admitted, hence the Complainant is at liberty to get return of the copy of the complaint along with the documents as filed by him at the time of admission, subject to submission of an application to this effect before the appropriate authority. Upon receipt of the said application the appropriate authority is hereby directed to take immediate step so that the Complainant can get return of the aforementioned documents without any further delay in accordance with law.

The Complainant is at liberty to approach before the competent Court/Commission/Forum for redressal of his grievance, if not barred otherwise.

Let a plain copy of this order be given to the Complainant free of cost as per the CPR.

Dictated and corrected by

[HON'BLE MRS. Silpi Majumder]
MEMBER