DIST. CONSUMER  DISPUTES  REDRESSAL  FORUM

NORTH 24 Pgs., BARASAT.

                                        C. C.  CASE  NO. 146/2015

   Date of Filing:                 Date of Admission                Date of Disposal:

   25.02.15                          09.03.2015                           03.06.2015                        

 PETITIONER                                 = Vs. =                            O.Ps.

Prasanta Das,                                                                      ICICI Bank Ltd,

S/o. Arun Das,                                                                     31, Chowringee Road,

5, K.K.Ram Das Road,                                                       Kolkata-700016.

North Golbagan,

P.O and P.S. Nimta,

Kol-49,

J U D G E M E N T

The fact of the case, in short, is that the complainant took a S.T. Personal Loan being loan account No. LICAL00004861529 to the tune of Rs. 50,000/- dated 23.11.05 from ICICI Bank Ltd, Park Street Branch/ O.P.

The complainant stated that the complainant took also another Personal Loan being loan account No.LPCAL00004859129 to the tune of Rs. 50,000/- dated 23.11.05 from ICICI Bank Ltd, Park Street Branch/O.P.

The complainant further stated that both the aforesaid loans were settled by and between the complainant and O.P/ Bank according to settlement agreement between them, it was settled that the complainant / borrower would pay Rs. 30,000/- and Rs. 20,000/- within 30.11.12 respectively for the aforesaid two loans respectively and O.P/ Bank would not put name of the complainant to CIBIL report in future.

The complainant also stated that accordingly the O.P Bank issued settlement letter vide Ref. No. STPL/1211/0131025 in favour of the complainant in respect of STPL being account No. LICAL 00004861529 dated 26.11.12 for the purpose of full and final settlement of debt.

Dictated and corrected                                                                              Contd. …. 2/-

C. C. Case No.-146/2015

                                                                        - :: 2 :: -

The complainant further stated that according to condition of the settlement letter issued by O.P / Bank Rs. 30,000/- had to be paid within 30.11.12 by the complainant to the O.P/ Bank.

The complainant also stated that accordingly the O.P/ Bank issued another settlement letter vide Ref. No. PL/1211/0130888 in favour of the complainant in respect of PL being account No. LPCAL00004859129 dated 26.11.12 for the purpose of full and final settlement of debt.

The complainant further stated that according to condition of the said settlement letter issued by O.P/ Bank Rs. 20,000/- had to be paid within 30.11.12 by the complainant to the O.P/ Bank.

 The complainant also stated that in pursuance of that settlement letter vide Ref. No. PL/1211/0130888, the complainant paid Rs. 20,000/- to the O.P/ Bank dated 26.11.12 being Money Receipt No. 1211109553.

The complainant further stated after that the complainant contacted to the officers of the said O.P/ Bank personally number of times regarding this matter but all the time they gave verbal assurance in regard to omitting his name from the CIBIL personal status report in spite of settled of the said two loans as alleged but still now O.P/ Bank did not supply true and correct information to Credit Information Bureau (India) Ltd regarding the actual status of the said loans in the name of Sri Prasanta Das as alleged. Hence the complaint.

O.P did not turn up to contest the case.

 Point for Decision:-

Whether the complainants are entitled to get any relief as prayed for?

Decision with Reasons 

Complainant has submitted affidavit in chief in support of his contention in the complaint.

We have perused the documents along with the affidavit-in-chief filed by the complainant. There is no reason to disbelieve the affidavit and documents of the complainant as O.P did not turn up to challenge the affidavit and documents.

Hence we are no hesitation to hold that complainant is entitled to get relief as prayed for.

Dictated and corrected                                                                              Contd. …. 3/-

C. C. Case No.-146/2015

                                                                        - :: 3 :: -

Hence

 It is ordered,

                                       that the complaint be and the same is allowed exparte against the O.P.

O.P is directed to take measure deleting the name of the complainant from the CIBIL personal status report to the complainant within one month from the date of this order.

O.P is directed to pay Rs. 5,000/- as compensation and Rs. 2,000/- as litigation cost to the complainant within one month from the date of this order,  failing which O.P shall have to pay sum of Rs. 50/- per day from the date of this order till it realization, as punitive damages, which shall be deposited by the O.P in this State Consumer Welfare Fund.

            Let copies of the order be supplied to the parties free of cost when applied for.

Member                                        Member                                                President

Dictated & Corrected by me.