BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH ======== Consumer Complaint No | : | 720 of 2010 | Date of Institution | : | 29.11.2010 | Date of Decision | : | 03.05.2011 |
Amit Dahmiwal C/o Hyundai Motor India Ltd., DLF Tower-B, 3rd Floor, RGTC Park, Chandigarh-160101. ….…Complainant V E R S U S City Bank, Citibank Na, SCO 132-134, Sector 9-C, Madhya Marg, Near Citco Petrol Pump, Chandigarh. ..…Opposite Party CORAM: SH.P.D.GOEL, PRESIDENT SH.RAJINDER SINGH GILL, MEMBER DR.(MRS) MADANJIT KAUR SAHOTA MEMBER Argued by:Complainant in person. Sh.Paras Money Goyal, Adv. for OP --- PER P.D.GOEL, PRESIDENT The complainant namely Sh.Amit Dahmiwal has filed the present complaint under section 12 of the Consumer Protection Act (as amended upto date) “hereinafter referred to as the Act”. In brief, the facts of the case are that the OP offered credit card facility to the complainant in the year 2006 vide credit card No.XXXX3018. The complainant availed the said facility and also paid the credit money in time as per the terms and conditions. There was no complaint regarding the non-payment of the dues. It is the case of the complainant that due to some urgency, he applied loan from HDFC Bank. However, the same was rejected due to some false entries in the CIBIL record as his name figured in the negative profile of defaulters despite the fact that nothing was due towards him. The complainant further averred that the credit card No.XXXX3018 was reported not working and the same was blocked. The said credit card was showing outstanding amount of Rs.31706/-. It is further case of the complainant that the credit card No.XXXX3026 which was issued against the credit card No.XXXX3018 showed an outstanding amount of Rs.99,959/-. It is further averred that credit card No.XXXX3034 was issued to him against credit card No.XXXX3026 and the same was upgraded to titanium card No.XXXX3042 by OP which was showing the outstanding amount of Rs.16,924/-. It is the allegation of the complainant that the credit card No.XXXX3000 is fake which is showing outstanding amount of Rs.17,992/-. The complainant brought the said fact to the notice of the OP through e-mails dated 3.5.2010, 7.5.2010 and 9.5.2010. The complainant approached the OP a number of times to delete his name from the list of CIBIL but to no effect, hence, this complaint. 2. OP filed the written statement taking preliminary objections and denying the averments of the complaint made in the complaint. On merits, it is replied that as per the instructions of RBI vide circulars DBOD NO.DL.BC.29 and 70/20.16.002/2002-03 dated 01.10.2002 and 10.02.2003, the banks were required to periodically report all regular and delinquent accounts to CIBIL and, as such, the OP provided the list of borrowers on periodic basis to CIBIL qua which the outstanding dues were shown against the complainant. That Bank vide its email dated 06.05.2010 has further admitted that the name of the complainant has been mentioned in the list of defaulters inadvertently and information to this effect has been given to him. It was pleaded that OP informed the complainant vide letter dated 6.05.2010 that nothing was due against his credit cards. Pleading that there has been no deficiency in service or unfair trade practice on their part prayer for dismissal of the complaint has been made. 3. Parties led evidence in support of their contentions. 4. We have heard the complainant in person and the learned counsel for the OP and have also perused the record. 5. OP has admitted in its reply that due to bona fide mistake and inadvertence, the name of the complainant appeared in the list of defaulters maintained by CIBIL which was corrected when it came to the knowledge of the Bank. The aforesaid facts prove that the complainant was shown as defaulter though by mistake and inadvertence but we are of the opinion that the said entry with regard to “defaulter” had tarnished the image of the complainant and had also lowered down his reputation in the eyes of the general public which amounts to deficiency in service. 6. As a result of the above discussion, this complaint is accepted and OP is directed to pay a sum of Rs.5,000/- to the complainant as compensation for mental agony and harassment besides Rs.3,000/- as costs of litigation within one month from the date of receipt of the certified copy. 7. The certified copies of this order be sent to the parties free of charge. The file be consigned. | Sd/- | | Sd/- | Sd/- | 03.05.2011 | [ Madanjit Kaur Sahota] | | [Rajinder Singh Gill] | (P.D.Goel) | cm | Member | | Member | President |
| | MR. RAJINDER SINGH GILL, MEMBER | HONABLE MR. P. D. Goel, PRESIDENT | DR. MRS MADANJIT KAUR SAHOTA, MEMBER | | 
