DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA.

CC.No.441 of 06-09-2012

Decided on 15-01-2013

K.Sunderrajjan r/o H.No.201, Phase-I, Model Town Bathinda.

........Complainant

Versus

1.ICICI Bank Ltd., through its Branch Manager (Loan Department) Bibiwala Road, Bathinda.

2.The Managing Director,ICICI Bank Ltd., Mumbai (India).

.......Opposite parties

Complaint under Section 12 of the Consumer Protection Act, 1986.

QUORUM

Smt. Vikramjit Kaur Soni, President.

Sh.Amarjeet Paul, Member.

Smt. Sukhwinder Kaur, Member.

Present:-

For the Complainant: Sh.BS Ahluwalia, counsel for complainant.

For Opposite parties: Sh.Sanjay Goyal, counsel for opposite parties.

ORDER

VIKRAMJIT KAUR SONI, PRESIDENT:-

1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act, 1986 as amended upto date (Here-in-after referred to as an 'Act'). The brief facts of the complaint are that the complainant has availed the personal loan of Rs.50,000/- from ICICI Bank Ltd., Bibiwala Road, Bathinda bank vide loan A/c No.LPBTN00009719212 and he has been making the payment of the installment of the same with the opposite parties from time to time. The complainant has also obtained the credit card from ICICI Bank Ltd., and since there is dispute between the complainant and the opposite parties, the complainant stopped making the payments in the said personal loan account due to the non co-operation from the officials of the opposite parties bank regarding the issuance of the NOC of credit card and their officials instead of issuance of the NOC put his name in the CIBIL. The complainant settled the said personal loan account on 5.12.2011 by depositing the full and final amount due and outstanding against him in the said personal loan account and the said loan account was adjusted in full and final on 5.12.2011. The opposite parties also issued NOC in favour of the complainant. The name of the complainant was added in the CIBIL as such the officials of the opposite parties had assured him to remove his data from CIBIL within a week from the date of the settlement of the said personal loan account and issuance of the NOC by them in his favour. The loan was settled on 5.12.2011 and a period of more than nine and half month has already been lapsed but till date the opposite parties have not removed the name and data of the complainant from the CIBIL rather the same is still continuing in the CIBIL. The complainant many times requested the opposite parties to remove his name and data from CIBIL but to no effect. As the name of the complainant is lying in the CIBIL, due to the CIBIL report showing him defaulter, his house loan has also been rejected twice as such he has suffered mental agony and harassment in the hands of the opposite parties. Hence the complainant has filed the present complaint to seek the directions to the opposite parties to remove his name and details from the CIBIL report alongwith cost and compensation.

2. The opposite parties after appearing before this Forum have filed their joint written statement and pleaded that the complainant is defaulter in credit card as well as in the personal loan account and since the opposite parties are also member of the credit information companies as such as per the instruction of RBI it is mandatory to disclose the data of the defaulter of the abovesaid company. Moreover it is not in the hand of the opposite parties to remove the name of the complainant from CIBIL rather the CIBIL is an independent company formed as per the instruction of RBI and the duty of the opposite parties was simply to update CIBIL regarding the repayment of the personal loan and it has duly sent the report to CIBIL and now it is the duty of CIBIL to remove his name as and when they deem fit and the opposite parties cannot be compelled for the same because they have no power to remove his name from CIBIL.

5. The parties have led their evidence in support of their respective pleadings.

6. Arguments heard. The record alongwith written submissions submitted by the parties perused.

7. The complainant has himself admitted in his complaint that he has obtained the personal loan and he is defaulter in making the payment of the loan. The said personal loan account was settled on 5.12.2011 by depositing the full and final amount due and outstanding against him and the said loan account was adjusted in full and final on 5.12.2011 and the opposite parties also issued NOC in his favour. The only disputed fact is that the name of the complainant was added in the CIBIL and the officials of the opposite parties had assured him to remove his data from CIBIL within a week from the date of the settlement of the said personal loan account and issuance of the NOC by them in his favour but the period of more than nine and half month have already been lapsed and till date they have not removed his name and data from the CIBIL. Due to this the house loan of the complainant was rejected twice.

8. On the other hand the submissions of the opposite parties are that the CIBIL is an independent company formed as per the instruction of RBI and the duty of the opposite parties was simply to update CIBIL regarding the repayment of the personal loan and they have duly sent the report to CIBIL and now it is the duty of CIBIL to remove the name of the complainant as and when they deemed fit and the opposite parties cannot be compelled for the same because they have no power to remove his name from CIBIL.

9. A perusal of Ex.C3 shows that the personal loan has been settled on 5.12.2012 and shown the same in their account statement also. The opposite parties have made the status of the loan amount 'settled'. Ex.C3 is a 'Credit Information Bureau (India) Limited, (CIBIL) Consumer Credit Information Report'. In this report it has been specifically shown that the account of the complainant has been settled. Ex.R2 also shows the Account No.LPBTN00009719212; Account Type:-PERSONAL LOAN:- Ownership Indicator:-INDIVIDUAL;Settled Status:-SETTLED'. Moreover as per section 18 of the Credit Information Companies (Regulation) Act, 2005,'Settlement of dispute:-

“(1)Notwithstanding anything contained in any law for the time being in force, if any dispute arises amongst, credit information companies, credit institutions, borrowers and clients on matters relating to business of credit information and for which no remedy has been provided under this Act, such disputes shall be settled by conciliation or arbitration as provided in the Arbitration and Conciliation Act, 1996 (26 of 1996), as if the parties to the dispute have consented in writing for determination of such dispute by conciliation or arbitration and provisions of that Act shall apply accordingly.

(2) Where a dispute has been referred to arbitration under sub-section (1), the same shall be settled or decided,-

(a) by the arbitrator to be appointed by the Reserve Bank;

(b) within three months of making a reference by the parties to the dispute:

Provided further that, in an appropriate case or cases, the Reserve Bank may, if it considers necessary to do so (reasons to be recorded in writing), direct the parties to the dispute to appoint an arbitrator in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996), for settlement of their dispute in accordance with the provisions of that Act.

(3) Save as otherwise provided under this Act, the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply to all arbitration under this Act as if the proceedings for arbitration were referred for settlement or decision under the provisions of the Arbitration and Conciliation Act, 1996.”

And for the Alteration of Credit Information files and credit reports the procedure is prescribed under section 21 of the Credit Information Companies (Regulation) Act, 2005. Sec.21 Alteration of Credit Information files and credit reports:-

“(1)Any person, who applies for grant or sanction of credit facility, from any credit institution, may request to such institution to furnish him a copy of the credit information obtained by such institution from the credit information company.

(2)Every credit institution shall, on receipt of request under sub-section (1), furnish to the person referred to in that sub-section a copy of the credit information subject to payment of such charges, as may be specified by regulations, by the Reserve Bank in this regard.

(3)If a credit information company or specified user or credit institution in possession or control of the credit information, has not updated the information maintained by it, a borrower or client may request all or any of them to update the information; whether by making an appropriate correction, or addition or otherwise, and on such request the credit information company or the specified user or the credit institution, as the case may be, shall take appropriate steps to update the credit information within thirty days after being requested to do so.”

In the case in hand the complainant has not impleaded the CIBIL as party.

10. Thus in view of what has been discussed above the personal loan has already been paid by the complainant and his loan status is shown as settled and if he is still not satisfied he can avail the remedy provided under section 18 of the Credit Information Bureau (India) Limited Act 2005. Hence this complaint is hereby dismissed without any order as to cost and the complainant is at liberty to avail the remedy provided under Credit Information Bureau (India) Limited Act 2005 if so permitted or advised by law.

11. A copy of this order be sent to the parties concerned free of cost and file be consigned to the record room.

Pronounced in open Forum:-

15-01-2013

Vikramjit Kaur Soni

President

Amarjeet Paul

Member

Sukhwinder Kaur

Member