DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (CENTRAL)

MAHARANA PARTAP BUS TERMINAL: 5^th  FLOOR.

KASHMERE GATE DELHI – 110 006

CC No. 340/2014

Sunil  Kumar,

3908/104, B Block,

Sant Nagar, Burari,

DELHI – 110 084                                          ..........Complainant

Versus

1. FULLERTON India Credit Company Ltd.,

9,10,11/3, Lakshman House

Ground Floor,

Asaf Ali Road,

Darya Ganj

NEW DELHI – 110 002                                        ..........Respondent/OP

ORDER

Per Sh. Rakesh Kapooor, President

It is alleged by the complainant that his late father Sh. Ramjit Prasad had taken a personal loan in the sum of Rs.2 Lac from the OP.  It is alleged that since Sh. Ramjit Prasad was Govt. Service and had a number of years of service before Superannuation,  no collateral security was required for sanction of the loan in his favour.  It is also alleged that the OP had however collected documents including those of the complainant in order to assess the income in the family before processing the loan application of late Sh. Ramjit Prasad.  It is further alleged that the complainant had never stood as a co-applicant or a guarantor for Sh. Ramjit Prasad in respect of the aforesaid loan.  It also alleged that after the death of the farther of the complainant, the OP had forged documents in order to show that the complainant was a co-applicant/guarantor in respect of the loan advanced to Sh. Ramjit Prasad.  The OP had also forwarded details of the loan taken up by Sh. Ramjit Prasad to CIBIL by showing the complainant as a co-applicant/guarantor. The complainant had taken up the matter with the OP but to no effect.  Hence, the complaint.

The OP was served with a copy of the complaint by a registered notice dated 30.10.2014.  It had failed to contest the complaint and was, therefore, ordered to be proceeded exparte evidence.

In his exparte evidence the complainant has filed his own affidavit dated 23.1.2015.

We have heard arguments advanced at the bar and have perused the record.

 The complainant in his affidavit dated 23.1.2015 has corroborated the  contents of the complaint.  He has also placed on record copies of the letters which he had exchanged with the OP/CIBIL in this regard.  From the un-rebutted testimony of  the complaint and documentary evidence placed on the record, we are convinced that  the story put forth by the complainant in his complaint is true.  It appears that OP has forged documents in order to show the complainant as the co-applicant/guarantor of the loan which was actually advanced to Sh. Ramjit Prasad.   The OP had refused to regularize the account and had also refused to updates CIBIL  record despite complainant taking up the matter with it.  The OP is, therefore, guilty of deficiency of service and resorting to unfair trade practice. .  We therefore, direct the Op as under:-

1. Update the CIBIL record of the complainant by removing his name as a co-applicant/guarantor of the loan given to Sh.Ramjit Prasad.
2. Not to insist on payment of the loan amount given to Sh. Ramjit Prasad on the complainant.
3. Pay to the complainant a sum of Rs.20,000/-(Twenty Thousand only) as compensation for pain and agony which will also include the cost of litigation.  

          The above amount shall be paid by the OP to the complainant within 30 days from the date of this order failing which Op shall be liable to pay interest on the entire awarded amount @ 10% annum from the date of this order till the date of payment.  If OP fails to comply with the order within 30 days, the complainant may approach this Forum u/s 27 of the Consumer Protection Act, 1986.     

     Copy of the order be made available to parties free of cost as per law.

          File be consigned to R/R.

        Announced in open sitting of the Forum on_____________

                   ( S N SHUKLA )                   ( RAKESH KAPOOR )

          MEMBER                                          PRESIDENT