Tamil Nadu

North Chennai

CC/411/2018

K.V.S.Prasad, - Complainant(s)

Versus

ICICI Bank Ltd., - Opp.Party(s)

M/s.R.Dhanalakshmi

30 Jun 2022

ORDER

                                                                   Complaint presented on:12.07.2012                               Date of disposal          : 01.07.2022         

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (NORTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 600 003.

 

PRESENT: THIRU. G.VINOBHA, M.A., B.L.                             : PRESIDENT

                   TMT. KAVITHA KANNAN,M.E.,                             : MEMBER-1

                                THIRU V. RAMAMURTHY, B.A.B.L., PGDLA      : MEMBER II

 

C.C. No.411/2018

 

DATED THIS FRIDAY THE 1^st DAY OF JULY 2022

 

Dr. K.V.S. Prasad

S/o. Sri Venkateswarlu,

No.42/31, 7^th Cross Street,

Shenoy Nagar,

Chennai-600 030.                                                                  .. Complainant.     

..Vs..

 

The Branch Manager,

Recovery Branch,

ICICI Bank Limited,

2^nd Floor, East Wing,South Phase,

Ambattur Industrial Estate,

Ambattur, Chennai-600 058.                                          ..  Opposite party.

 

Counsel for the complainant                  : Ms. R. Dhanalakshmi

 

Counsel for the opposite party              : Mr. K. Kumaran

 

 

ORDER

THIRU V. RAMAMURTHY, B.A.B.L., PGDLA      : MEMBER II

 

          This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 prays to direct the Opposite party to pay a sum of Rs.19,00,000/- to the complainant towards compensation for the mental agony and defamation suffered due to the deficiency in service of the opposite party and Rs.5,000/- towards cost of this complaint.

This complaint was originally filed before the District Commission, Chennai (South) and taken on file in C.C. No. 232/2012.  Thereafter, the said complaint has been transferred to this Commission as per the proceedings of the Hon’ble S.C.D.R.C. and taken on file as C.C. No.411/2018.

1.THE COMPLAINT IN BRIEF:

          The complainant submits that he is an experienced senior consultant super specialist Gastroenterology doctor and he had taken an amount of Rs.3.6 Lakhs as auto loan from the Opposite party for buying a car on 07.01.2006 with A/c. No. LACHE00005279887 and due to unavoidable reasons, there was delay in payment of some EMIs.  All of a sudden, one person from opposite party had seized the car ignoring his repeated requests that he would pay the EMI next day.  But the opposite party did not oblige, and the complainant was forced to surrender his car on the same day.  The opposite party had issued a letter dated 03.04.20107 to complainant stating that opposite party had written a letter dated 18.10.2006 to complainant stating that the complainant have failed and neglected to honour the cheques on its due date and thereby committed material default in observing the terms and conditions of contract.  Hence they terminated the agreement and calling the complainant to make payment of remaining amount of Rs.3,60,657/- within a period of 7 days, failing which the car would be disposed off and their act of disposal shall be conclusive and binding upon the complainant.  Since the complainant failed to make neither payment nor responded, the opposite party disposed off the car for Rs.3.17 lakhs and the outstanding amount was Rs. 43,657/- shall be payable within a week from the date of receipt of letter dated 03.04.2007.  Failing to pay, the opposite party may initiate appropriate criminal legal action for the recovery of Rs.43,657/- with interest at 24% per month till the date of recovery.  The complainant states that on 11.01.2012 the CIBIL-Credit Information Report (CIR) with reported date as 30.11.2007 shows the current balance as Rs.2,43,920/- within a period of 7 months.  The complainant stated that this is illegal and deficiency of service and issued a legal notice to opposite party on 15.02.2012 and the opposite party replied which was far from the expected explanation.  The complainant further stated that due to sudden seizure of car, which was illegal, had caused him lot of inconvenience and mental agony.  The complainant submits that the rate of interest at 24% per month is exorbitant and the inflated figure of current balance shown in the CIBIL-CIR had led to loss of his name, fame and prestige.  Hence this complaint.

2.WRITTEN VERSION OF OPPOSITE PARTY IN BRIEF:

          The opposite party denied all the averments made in the complaint except those that are specifically admitted and put the complainant to strict proof of the unadmitted averments.  The opposite party states that on 16.10.2006 itself the complainant was a defaulter, then the complaint would have to be filed within two years i.e. on or before 15.10.2008 and hence barred by limitation.  The opposite party contended that this case involves complicated question of facts and which cannot be decided by this Commission and as such the complaint ought to have approached only civil courts.  The opposite party submitted that this complaint does not fall under the pecuniary jurisdiction of this Hon’ble commission as defined under S 11 of CPA because the relief claimed by the complainant comes to Rs. 22,60,000/- which clearly exceeds the pecuniary jurisdiction of this Commission.  The opposite party in their averments stated that the complaint is bad for non-joinder of necessary party since the complainant made certain allegations against the CIBIL-Credit Information Bureau of India Ltd. Regarding the outstanding due in his loan account and listing of the complainant as defaulter.  The opposite party submits that the complainant had not adhered to payment schedule promptly in paying the instalment as agreed in the loan agreement and till date the complainant has not settled the outstanding amount.  Based on the above, the opposite party prayed for dismissal of complaint.

3. POINTS FOR CONSIDERATION:

1. Whether there is any deficiency inservice on the part of opposite party?
2. Whether the complainant are entitled to the reliefs prayed?  To what extent?

 

The complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A4 were marked on his side.The opposite party has filed proof affidavit and document Ex.B1 was marked on his side.

4.POINT NO :1

         Both parties have filed their written arguments.  Heard the counsels’ arguments also.  Perused the records namely the complaint, written version, proof affidavitand documents.  According to the complainant, he had taken an amount of Rs.3.6 Lakhs as auto loan from the Opposite party for buying a car on 07.01.2006 with A/c. No. LACHE00005279887 and due to unavoidable reasons there was delay in payment of some EMIs.  All of a sudden, one person from opposite party had seized the car ignoring his repeated requests that he would pay the EMI next day.  But the opposite party did not oblige and the complainant was forced to surrender his car on the same day.  The opposite party has issued a letter dated 03.04.20107 which was marked as Ex.A1 to complainant stating that opposite party had written a letter dated 18.10.2006 to complainant stating that the complainant have failed and neglected to honour the cheques on its due date and thereby committed material default in observing the terms and conditions of contract.  Hence they terminated the agreement and calling the complainant to make payment of remaining amount of Rs.3,60,657/- within a period of 7 days, failing which the car would be disposed off and their act of disposal shall be conclusive and binding upon the complainant.  Since the complainant failed to make neither payment nor responded, the opposite party disposed off the car for Rs.3.17 lakhs and the outstanding amount of Rs. 43,657/- shall be payable within a week from the date of receipt of letter dated 03.04.2007.  Failing to pay, the opposite party may initiate appropriate criminal legal action for the recovery of Rs.43,657/- with interest at 24% per month till the date of recovery.  The complainant states that on 11.01.2012 the CIBIL-Credit Information Report (CIR) with reported date as 30.11.2007 which was marked as Ex.A2 shows the current balance as Rs.2,43,920/- within a period of 7 months.  The complainant stated that this is illegal and deficiency of service and issued a legal notice to opposite party on 15.02.2012 which was marked as Ex.A3 and the opposite party replied which was far from the expected explanation and the same was marked as Ex.A4. The complainant further states that due to sudden seizure of car, which was illegal, it had caused him lot of inconvenience and mental agony.  The complainant submitted that the rate of interest at 24% per month is illegal and the inflated figure of current balance shown in the CIBIL-CIR had led to loss of his name, fame and prestige. 

          5. The opposite party stated that on 16.10.2006 itself the complainant was a defaulter, the complaint would have filed within two years i.e. on or before 15.10.2008.  The opposite party further contended that the complaint exceeds pecuniary jurisdiction of this commission and further contended that the complaint is bad for non-joinder of necessary parties for not impleading the CIBIL as party.    The opposite party submitted that the complainant had not adhered to payment schedule promptly in paying the instalment as agreed in the loan agreement and opposite party has filed CIBIL GLANCE report dated 19.08.2013 which was marked as Ex.B1 and contended that till date the complainant has not settled the amount fully.  Based on above, the opposite party prayed for dismissal of complaint.

          6. Though the opposite party in the written version contended that the complaint is barred by limitation by alleging that on 16.10.2006 itself for non payment of loan amount the vehicle was repossessed but whereas the complaint was filed only in the year 2012.  It is found that the complainant came to know about the balance amount due after seeing the CIBIL report dated 11.01.2012 and thereafter issued legal notice on 03.02.2012 for which a reply was received on 27.02.2012 and hence the complaint is found to be within the period of limitation.

          7. Though the opposite party contended that the complaint doesnot fall under the pecuniary jurisdiction of the commission it is found that the value of the car and loan amount  borrowed are within the pecuniary jurisdiction of this commission.

          8. Though in the CIBIL report it is stated that it is not responsible for the entries found in the CIBIL report the entries in the CIBIL report were based on the details furnished by the bank and since no relief is claimed against CIBIL the present complaint is based on deficiency in service and the mental agony caused by it to the complainant for which the CIBIL is not a necessary party to the complaint.

9. Both parties have agreed that complainant had availed car loan for Rs.3.6 Lakhs on 07.01.2006.  The complainant agreed that there was delay in payment of EMIs and the complainant had surrendered the car to opposite party on claim.  The opposite party vide their letter dated 03.04.2007 marked as Ex.A1, informed that the car was disposed off for Rs.3.17  Lakhs and the outstanding amount was Rs. 43,657/- and same would be recovered with interest at 24% per month.  The opposite party in their averments indicated that till date the outstanding amount was not settled  and the same was not denied by complainant anywhere in his averments.  But at the same time it is found from Ex.A1 that after selling the vehicle by the opposite party for Rs.3,17,000/- still there is a balance of Rs.43,657/- payable by the complainant as on 03.04.2017 but, as per Ex.A2 which was CIBIL score report dated:11.01.2012 it is found that the balance amount due by the complainant for the car loan as on 30.11.2007 is shown as Rs.243920/-.  It is for the opposite party to explain how a sum of Rs.43,657/- in April 2007 enlarged to Rs. 243920/- by filing the statement of account.  But the opposite party has not filed any such documents.  Even in Ex.A4 reply notice there was no explanation with regard to the above said balance amount shown in Ex.A2.  On perusal of Ex.B1 which is CIBIL report filed by the opposite party dated:19.08.2013 it is found that the balance amount is shown as zero which is contrary to Ex.A2 CIBIL report even in this aspect there is no explanation by the opposite party. When the balance is shown as Rs.2,43,920/- as on 30.11.2007 in Ex.A2 how the balance became zero as on 30.11.2007 in Ex.B1 has not been properly explained by the opposite party by filing relevant documents.  Therefore it is clear that the CIBIL score of the complainant as reported in Ex.A2 is incorrect and based on wrong information submitted by the opposite party bank  and due to such deficiency in service of the bank the complainant was put to loss and mental agony since he was not able to borrow loans based on wrong information provided in the CIBIL score and therefore it is found that the opposite party has committed deficiency in service.  Point No.1 is answered accordingly.

10. Point No.2.

            Based on findings given to the Point.No.1. since there is deficiency in service by the Opposite party, by which the complainant is put to loss and mental agony and hence the opposite party is directed to pay a sum of Rs.20,000/- towards compensation for mental agony along with cost of Rs.5,000/- to the complainant

    In the result the complaint is partly allowed, The opposite party is directed to pay a sum of Rs.20,000/-(Rupees Twenty Thousand only) to the complainant towards mental agony and loss sustained by the complainant. and also pay a sum of Rs. 5000/-(Rupees Five Thousand only) towards the cost of the complaint. The above amount shall be paid to the complainant within two months from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest from the date of this order to till the date of payment.  

Dictated  by the Member-II to the Steno-Typist taken down, transcribed and computerized by him, corrected by the President and pronounced by usin the open Commission on this the 1^st day of July 2022.

MEMBER – I                   MEMBER II                           PRESIDENT

LIST OF DOCUMENTS MARKED ON THE SIDE OF THE COMPLAINANT:

Ex.A1	03.04.2007	Letter from the Collection Manager of ICICI to the complainant
Ex.A2	11.01.2012	CIBIL-CIR
Ex.A3	03.02.2012	Legal Notice from the Complainant to the Opposite Party
Ex.A4	27.02.2012	Reply to the legal notice

 

LIST OF DOCUMENTS MARKED ON THE SIDE OF THE OPPOSITE PARTY

Ex.B1

19.08.2013

CIBIL Glance report.

 

 

MEMBER – I                   MEMBER II                               PRESIDENT