Complainant in person
Advocate Girish Jagnade for the opponent.
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Per Hon’ble Shri. V. P. Utpat, President
:- JUDGMENT :-
Date – 4th April 2013
This complaint is filed by individual against the Opponent for deficiency in service. Brief facts are as follows-
[1] The complainant is resident of Pimpri. He found his name in CIBIL i.e. Credit Information Bureau India Ltd. He has further contended that he never obtained credit card from the Opponent still amount of Rs.7598/-, Rs.57,383/- and 46,685/- have been shown on debit side in his account by the Opponent. Due to these entries his name is appearing in CIBIL report. He is unable to get home loan from any financial institute. He applied for the home loan from Axis Bank but his application was cancelled as his name is appearing in the CIBIL report. He has also contended that in the month of September 2005 he had left his native place Faridabad and shifted to Jamshedpur (Jarkhand). The entries which had been shown by the opponents are relating to the period of 2006 and 2007. During that period he had not been at Faridabad hence the entries are wrong entries. Hence he has filed this complaint praying for removing his name from CIBIL report and asked compensation of Rs.4,95,000/- from the opponent.
[2] The opponent appeared in the Forum and resisted the claim by filing written version. The contents of the complaint are flatly denied. According to the opponent as the complainant has denied the relations between the opponent and himself as ‘consumer’ and ‘service provider’ then on that ground only the complaint is liable to be dismissed. It is also contended that the Consumer Forum has no jurisdiction to try, entertain and decide the present complaint. In the alternative it is submitted that the brother of the complainant Karamveer had applied for credit card facility to the opponent and after following due process the opponent issued credit card to Mr. Karamveer. As per the request of Mr. Karamveer Add-on card was issued in the name of the complainant. Mr. Karamveer had applied to the opponent in prescribed form. Hence the said credit card was issued in the name of the complainant as the credit card was in the name of the complainant. As the credit card in the name of complainant was used as shown in the CIBIL report the amount has been shown on debit side in the name of the complainant. Rest of the contents of the complaint are specifically denied by the opponent and the opponent has prayed for dismissal of the complaint.
[3] Considering the pleadings of both parties, scrutinizing the documents and hearing argument of both parties following points arise for my determination. The points, findings and the reasons thereon are as follows-
Sr.No. | POINTS | FINDINGS |
1 | Whether the complainant has proved that there is deficiency in service as alleged ? | In the negative |
2 | What order ? | Complaint is dismissed |
REASONS-
The complainant has argued before me that he never applied for credit card to the opponent, still amounts have been shown due from him as per CIBIL report. In order to rebut this contention the opponent has produced the application for Add-on card which is submitted by the brother of the complainant named as Karamveer. It is not denied by the complainant that Karamveer is his brother. Moreover the complainant himself has stated that there are no relations between himself and the opponent as ‘consumer’ and ‘service provider’. In such circumstances I held that this Forum has no jurisdiction to try, entertain and decide the present complaint. As regards merits of the case it reveals from the record that brother of the complainant applied for Add-on card so the amounts which are referred in the complaint had been shown outstanding in the account of the complainant. In this circumstances I held that there is no deficiency in service as alleged by the complainant. I answer points accordingly and pass the following order –
* ORDER *
1. The complaint is dismissed.
2. As per peculiar circumstances parties to bear their own
costs.
Copy of order be supplied to both the parties free of cost.
Place-Pune
Date- 04/04/2013
