Delhi

New Delhi

CC/805/2015

Shailendra Singh - Complainant(s)

Versus

DCB Bank Ltd. - Opp.Party(s)

03 Dec 2019

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI),

 ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110001

 

Case No.C.C./805/2015                                                      Dated:

  In the matter of:

 Shailendra Singh

House No. B- 02

Sector Omicron II

Greater Noida

District Gautam Budh Nagar, UP

                                                                                                …..COMPLAINANT

 

VERSUS

 

  DCB Bank Limited

New Delhi Branch

Hansalaya Building Road

New Delhi- 110001

.... OPPOSITE PARTY

 

             H.M. VYAS - MEMBER

 

                                                      ORDER

 

The brief facts of the complaint is that the complainant took personal loan of Rs. 65,000/- from the OP Bank payable in 36 monthly installment of Rs. 2,285/-. It is stated that all the EMIs were paid in time  and the last EMI was paid on 17/01/2007. The copy of the passbook has been annexed. Due to gross negligence  on the part of OP Bank an outstanding amount of Rs. 27 was shown unpaid which came to the knowledge  of the complainant when he approached  the State Bank of India for  home loan and at that time  due to deficient CIBIL score, the home loan was not sanctioned. Thereafter, the complainant approached the OP Bank on 08/01/2014 onwards through email and it was informed  by the OP bank that a sum of Rs. 1,262/- was payable by the complainant, which was later waived of our vigorous persuasion by complainant. It is alleged that the home loan of Rs. 7.75 lacs was sanctioned as against request for Rs. 9 lacs at a higher rate of interest i.e. 0.5% extra interest which was on account of  poor CIBIL score. The complainant also approached the banking ombudsmen and the ombudsmen finally ordered that  the OP Bank has waived off the outstanding amount  Rs. 1262/-  and also updated  the CIBIL reports of the complainant. The prayer of  Rs. 10,000/-, issuance of regret letter , Rs. 30,000/- for mental harassment  and financial loss o fRs. 15,000/- has been made.

The OP filed written statement  version after notice. It is stated by the OP  that a sum of Rs. 27 was unpaid principal amount  after due date of completion of installments in January 2007. It is stated that the outstanding amount shown was on account of late realization of EMIs which increased   with the time and the system automatically  generated  interest amount  of Rs. 122/- and the bank charges  of Rs.1113/-. It is also stated that  the complainant was asked to pay the amount vide emails dated  16/01/2014, 24/01/2014 & 25/01/2014. The OP with an intention to close the issue waived off the amount of Rs. 1262/- and closed the loan account on 02/07/2014. The OP also sent request for updation of the CIBIL data. All allegations have been denied stating that the balance  outstanding amount  was system generated  was unintentional. The OP acted on the request of the complainant and waived it off  and also closed the loan account  of the complainant. It is also specifically averred that the complainant  never approached  the OP for no dues clearance till January 2014. Prayer to dismiss the complaint has been made.

Both the parties have filed their respective evidence by way of affidavit.

We have considered the material placed before us and the submissions of the parties with relevant provisions of law.

The undisputed facts are that the complainant took personal loan of Rs. 65,000/- which was paid in monthly installment  till Jan, 2007. The copy of the passbook  placed  on record  by the complainant  showing the  payments  of the monthly installment  against the loan amount.

The OP has admitted  that the outstanding amount  of Rs. 27 was on account of delayed installment  which was the last one and  realized  in July  2007. The outstanding   amount was shown in system generated statement. It was admittedly never conveyed to complainant  till 2014. The total amount of Rs. 1262/- was waived off and the CIBIL score was updated.

The only issue now remains for consideration before us is regarding 7 years period during which the complainant’s CIBIL score remained poor. The complainant  states to have come to know  the  same when he approached  the State bank to avail housing loan.

In these facts, it is clear that on account of negligence / some technical problem with the OP, the Complainant’s CIBIL record was damaged and the OP neither informed the complainant between 2007 and 2014 about any pending amount against loan. Further, the waiver of the amount by OP also confirms that it was not due for payment. This damaged the CIBIL score  of the complainant for about seven years.  We therefore, hold the OP to be negligent  and deficient in service, we therefore direct as under:-

1. To pay a sum of Rs. 10,000/- to the complainant  for harassment  mental agony .
2. Litigation cost of Rs. 5,000/-.

The order shall be complied within 30 days of the receipt of the copy of this order.

A copy of this order be sent to each party free of cost by post as per statutory requirement.

Orders be also sent to www.confonet.nic.in.

File be consigned to record room.

Pronounced in open Forum on  03/12/2019.      

                                                        

 

 

                                                             (ARUN KUMAR ARYA)

                                                                    PRESIDENT

 

       (NIPUR CHANDNA)                                                                       (H M VYAS)

                  MEMBER                                                                                    MEMBER