IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Friday the 31st day of May, 2017.
Filed on 18.04.2016
Present
1. Smt. Elizabeth George, President
2. Sri. Antony Xavier( Member)
3. Smt. Jasmine.D. (Member)
in
C.C.No 144/2016
between
Complainants:- Opposite Party:-
Sri. Aniyan.D HDFC Bank
Thoppuveli Convent Square
S.L.Puram.P.O Alappuzha
Cherthala
Alappuzha-688 523
O R D E R
SRI. ANTONY XAVIER (MEMBER)
The complainant case in precise is as follows:-
The complainant in 2005 availed a loan from the opposite party for the purpose of the purchasing a motor bike. Thereafter the complainant default the payment of the loan amount. Resultantly the complainant surrendered the motor bike with the opposite party to clear off the debut due to the opposite party. In the mean time the opposite party caused the complainant’s name figure in CIBIL. Subsequently the complainant sought a housing loan from LIC, and the complainant’s name found a place in CIBIL. The complainant on several occasions approached the opposite party to get his name removed from the CIBIL. Strangely still, the opposite party did not take any steps towards the same, and the complainant was deprived of the housing loan solely for the said reason. The complainant has no other way out to get the construction of his residence completed. The complainant sustained all sort of injury due to the opposite party’s omissions and commissions. On being aggrieved on this the complainant approached this Forum for compensation and other relief.
- On notice being sent, the opposite party appeared and put forth before this Forum their contentions. According to the opposite party, the complaint is barred by limitation. The alleged cause of action took place in 2005, and the complainant approached this Forum after 11 years. As per apex court’s view, this Forum cannot sit in judgment with regard to the dispute as to removing the borrower’s name from CIBIL, the opposite party fervently contends.
- Taking into account the contentions of the parties, the questions that come up before us for consideration are:-
- Whether the complainant sustained damage at the hands of the opposite party?
- If the opposite party committed deficiency of service?
- Whether the complainant is entitled to any relief?
- Keeping in view the contentions of the parties, we anxiously looked into the materials placed on record by the parties. Concededly, the complainant availed a loan from the opposite party for the purpose of purchasing a motorbike. The complainant himself admits that his name was figured in the CIBIL consequent upon his failure to clear off the said loan promptly. Later on the complainant was constrained to surrender his motor bike towards paying off the debit. Holding all these aspects in mind we meticulously went through the materials placed on record before us. The opposite party contends that once the name of the borrower is included in the CIBIL, there is no provision for them to remove the same from the said list. What is more the complaint is hit by the law of limitation, the opposite party towards. Thus on a perusal of the entire materials available on record, and analysis of the particular premise of the instant case, we are persuaded to arrive on the view that the complainant is entitled to any relief sought for. Needless to say the complaint must fail.
- In the light of what have been elaborated hereinabove, we hold that the complaint stands dismissed.
The complaint is disposed of accordingly. The parties shall bear their own costs.
Pronounced in open Forum on this the 31st day of May, 2017.
Sd/-Sri. Antony Xavier (Member) :
Sd/-Smt.Elizabeth George (President) :
Sd/-Smt.Jasmine.D. (Member) :
Appendix:-
Evidence of the complainant:-Nil
Evidence of the opposite parties:- Nil
//True copy//
By Order
Senior Superintendent.
To
Complainant/Opposite party/SF
Typed by: Br/-
Compd. By:
