Tamil Nadu

South Chennai

CC/233/2012

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

Versus

IDBI Bank Ltd, - Opp.Party(s)

R.Dhanalakshmi

27 Jun 2018

ORDER

                                                                        Date of Filing  : 21.06.2012

                                                                          Date of Order : 27.06.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B.                                : MEMBER-I

 

C.C. No.233 /2012

DATED THIS WEDNESDAY THE 27^TH DAY OF JUNE 2018

                                 

Dr. K.V.S. Prasad,

S/o. Sri. K. Venkateswarlu,

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

Shenoy Nagar,

Chennai – 600 030.                                                        .. Complainant.                                                     

 

  ..Versus..  

 

 

The Authorised Officer,

IDBI Bank Limited,

Retail Asset Centre,

3^rd Floor, Murugesa Naicker Complex,

No.68, Greams Road,

Chennai – 600 006.                                                    ..  Opposite party.

          

Counsel for complainant      :  Ms. R. Dhanalakshmi

Counsel for opposite party  :  M/s. R. Nagasundaram & another

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 praying to pay a sum of Rs.19,00,000/- towards compensation for mental agony with cost of Rs.5,000/- to the complainant.

1. The averments of the complaint in brief are as follows:

The complainant submits that he is an experienced Senior Consultant Super Specialist Gastroenterology Doctor.   He availed housing loan of Rs.12,00,000/- from the opposite party vide Loan A/c. No.814675100006002  as per the sanction communication letter dated:26.02.2003 and repaid the entire loan amount as per the closure letter dated:25.06.2011.  Further the complainant submits that according to the Credit Information Bureau (India) Ltd. (CIBIL)’s credit information report (CIR) dated: 11.01.2012, the current balance loan amount of Rs.1,50,125/- and an overdue amount of Rs.1,21,168/- is shown.  Hence the complainant approached the opposite party bank and clarified the CIBIL Report.  The opposite party has to update the CIBIL report once in 3 months.  But the opposite party even after repeated requests has not updated the CIBIL Report.  The complainant was approached by several banks who offered various types of loan.  The complainant also applied for loans for purchasing of Medical Equipment and expanding of Medical Practice etc.  Since the opposite party has not updated the CIBIL report all the loans were denied.    The complainant issued legal notice dated:03.02.2012 to the opposite party.  An undated reply was sent to the complainant’s Counsel with irrelevant, unsatisfactory and self-contradictory statements by the opposite party.  The act of the opposite party caused great mental agony.   Hence this complaint is filed.

 

2.     The brief averments in the written version filed by the opposite party is as follows:

The opposite party specifically denies each and every allegation made in the complaint and puts the complainant to strict proof of the same.    The opposite party states that the complainant himself had closed the loan outstanding on 25.06.2011.  Except the said facts, the complainant had suppressed material aspects behind the closure of the Loan Account with the opposite party.  The opposite party further states that on 27.02.2003, the complainant was sanctioned the loan of Rs.12,00,000/- and it is repayable with interest at agreed rate in EMIs at Rs.21,188/- in a period of 72 months, with the 1^st EMI fell due on 10.04.2003.   The 1^st EMI itself was defaulted by the complainant and it became the habit and attitude of the complainant to evade and slip from the repayment schedule.    The last EMI fell due in April 2009.  As on that date, the Loan Account had an overdue of Rs.1,59,609/-.  All the cheques issued by the complainant has got returned dishonoured and there was belated payments towards the dues.  Hence the opposite party initiated proceedings under Sec.13(2) of the SARFAESI Act, 2002 on 19.05.2009 and several notices were issued to the complainant  and due report made to CIBIL also.    At last after much hype of time, the complainant closed the Loan Account with the payments made on 11.06.2011 and he was issued the Loan Closure Letter along with the Original Title Deeds by the Head office on 25.06.2011.  Therefore, there is no deficiency in service on the part of the opposite party and the complaint is liable to be dismissed.

3.   In order to prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A3 are marked.  Inspite of sufficient time is given, the opposite party has not come forward to file proof affidavit to prove the contentions raised in the written version and hence it is concluded as ‘No Proof Affidavit’ on the side of the opposite party.

4.     The point for consideration is:-

Whether the complainant entitled to a sum of Rs.19,00,000/- towards compensation for mental agony and defamation suffered by the complainant with cost of Rs.5,000/- as prayed for?

5.     On point:-

The opposite party after filing his written version has not preferred to file proof affidavit to prove the contentions raised in the written version.  The opposite party has not filed any document also.   Heard the complainant’s Counsel.  Perused the records namely the complaint, written version, proof affidavit, documents and written arguments of complainant.  The complainant pleaded and contended that he is a Senior Super Specialist Gastroenterology Doctor.  He availed housing loan of Rs.12,00,000/- from the opposite party vide Loan A/c. No.814675100006002  and repaid the entire loan amount as per the closure letter dated:25.06.2011.  Further the contention of the complainant is that according to the Credit Information Bureau (India) Ltd. (CIBIL)’s credit information report (CIR) dated: 11.01.2012, the current balance loan amount of Rs.1,50,125/- and an overdue amount of Rs.1,21,168/- is shown.  Hence the complainant approached the opposite party bank and clarified the CIBIL Report.  The opposite party has to update the CIBIL report once in 3 months.  But the opposite party even after repeated requests has not updated the CIBIL Report which caused great inconvenience, mental agony etc.  The complainant was approached by several banks who offered various types of loans.  The complainant also applied for loans for purchasing of Medical Equipment and expanding of Medical Practice etc. Since the opposite party has not updated the CIBIL report, all the loans were denied and the complainant was put to irreparable loss and hardship. 

6.     The opposite party in his written version admitted the closure of loan by the complainant.  The contention raised by the opposite party in his written version is that the complainant is a defaulter in payment of loan from the very inception and there was huge arrears to the tune of Rs.1,59,609/-.  Hence the opposite party initiated proceedings under Sec.13(2) of the SARFAESI Act, 2002 on 19.05.2009 and several notices were issued to the complainant  and due report made to CIBIL also.   But the opposite party has not produced any document.  On the other hand, the complainant has filed Ex.A1 to Ex.A3 CIBIL Circular, closure of loan, legal notice etc which proves that there is no due on the part of the complainant and all the loan amount has been paid by the complainant.  But the opposite party has not updated the CIBIL Report even after repeated requests and legal notice vide Ex.A3 is proved in this case, which amounts to deficiency in service.  Considering the facts and circumstances of the case this Forum is of the considered view that the opposite party shall pay a sum of Rs.25,000/- towards compensation for mental agony with cost of Rs.5,000/- to the complainant.

  In the result, this complaint is allowed in part.  The opposite party is directed to pay a sum of Rs.25,000/- (Rupees Twenty five thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees five thousand only) to the complainant.

The above amounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 27^th day of June 2018. 

 

 

MEMBER –I                                                                      PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

		Copy of CIBIL-CIR
		Copy of loan closure letter
		Copy of legal notice issued by the complainant’s Counsel to the opposite party

 

OPPOSITE  PARTY SIDE DOCUMENTS:  NO PROOF AFFIDAVIT

 

MEMBER –I                                                                      PRESIDENT