THE PRESIDENT

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA : AGARTALA

 

CASE No. CC- 31 of 2021

 

Sri Aninda Narayan Choudhury,

S/O- Ltae Anjan Chouhdury,

Parvati Villa, Palace Compound,

Jagannath Bari Road,

P.S. West Agartala, P.O. Agartala,

West Tripura. ...….............Complainant.

 

 

-VERSUS-

 

 

IDFC First Bank,

House No. 130460,

Ward No. 13, TG Road, 

Sankar Choumuhani, 

Krishnanagar, P.O. Agartala,

P.S. West Agartala,

Agartala, West Tripura-799001. ….....................Opposite Party.

 

 

     __________PRESENT__________

 

 SRI RUHIDAS PAL

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION

      WEST TRIPURA, AGARTALA. 

 

 

Dr (SMT) BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION

  WEST TRIPURA,  AGARTALA.

 

 

SRI SAMIR GUPTA,

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION

  WEST TRIPURA,  AGARTALA.

 

 

C O U N S E L

 

 

For the Complainant : Sri Pritam Deb,

Learned Advocate.

    

For the Opposite Party : None appeared.

 

 

 

JUDGMENT  DELIVERED  ON :  15.02.2022.

J U D G M E N T

This case has been filed by the complainant Sri Aninda Narayan Chouhdury of Parvati Villa, Palace compound, Jagannath Bari Road, Agartala U/S 12 of the Consumer Protection Act, 1986 against the O.P. namely IDFC First Bank. Complainant case in short is that  he went to Kolkata for prosecuting his studies in Engineering course in the year, 2013 and thereafter worked in BPO sector in Wipro Ltd. and Aiges Ltd.  but for better carrier returned to Agartala in the month of July 2015. The complainant had purchased one LG LED TV from ''Capital Electronics'' -2/2 Chinar Park Baguihati Road, Kolkata 7000159, West Bengal on 20th May, 2015 by paying Rs.7,000/- in cash and the remaining amount was financed by Capital first presently known as IDFC First Bank under Loan account no. 3380462 and he need to pay monthly ECS  of Rs.1,101/- thorough his Axis bank Account no.913010042247869 maintained by the Axis Bank, Agartala and payment was completed in the month of February, 2016. after completion of the payment he demanded the 'No Objection Certificate/clearance from the O.P. respondent, but the O.P. avoided for the same in this or that way. Thereafter in the month of November, 2017 wanted to purchase a TVS Scooty through TVS Finance from a reputed dealer namely Sree Maa Motors. The TVs finance showed that the CBIL rating of the petitioner is very low that the petitioner is a defaulter in payment of the previous loan from Capital First Finance. On 6th December 2017 he contacted  with the respondent through customer support and also through email and on that time O.P. stated that one installment for the month of September 2015 is due. For this complainant will have to pay Rs.10,901/- as overdue charge till date. There was sufficient balance amount in the account of the complainant in his Axis Bank account in the month of September, 2015 but the O.P. did not deduct any amount from the same.  The complainant contacted with the O.P. through email but the O.P .did not reply satisfactorily and demanded Rs.10,901/- towards overdue charges. Then the complainant filed a complaint U/S 12 of the C.P. Act, 1986 before this commission. But after receipt of the notice from this Commission they did not appear to contest the case. Hence, ex-parte judgment was passed against the O.P. directing the O.P. to pay compensation and litigation cost to the complainant. As per direction of this Commission the O.P. paid the compensation amount to the complainant but they did not issue 'No Objection Certificate/ clearance Certificate and correct the CBIL rating in the system.  There after also the O.P. sent several messages  to the complainant to pay Rs.11,995/- and did not correct the CBIL rating in the system as a result the complainant did not able to get loan. On 04.02.2021 complainant sent one legal notice to provide clearance certificate and to correct the CBIL rating in the system but despite receiving the notice the O.P. did not stop sending SMS and call. Hence, the complainant filed this case claiming compensation of Rs.85,000/- and prayed for issuance of direction to the O.P. to issue 'No Objection Certificate/ Clearance Certificate and correct the CBIL rating in the system.  

 

2. After receiving notice from this Commission, O.P. did not turn up. Hence, the case proceeded ex-parte against the O.P. vide order dated 19.07.2021.       

 

3. EVIDENCE ADDUCED BY THE PARTIES:-

Complainant submitted examination in chief on affidavit.  He also produced 5 documents. The documents are marked as Exhibit-I series.  

4. POINTS TO BE DETERMINED: - 

(i). Whether there has been any deficiency of services committed by the O.P. towards the Petitioner?

  (ii). In the event of deficiency of service committed, whether the Petitioner is entitled to receive any compensation and eligible to obtain the Loan Clearance Certificate and correction of CIBIL rating in the system?

5. ARGUMENTS: - 

We have gone through the evidence and the written argument submitted by the Petitioner. It is submitted that the Petitioner had taken a loan from the O.P., a finance company, namely, IDFC First Bank(erstwhile Capital First Finance) to meet a part of the cost of payment against purchase of a LED TV. He paid back the loan to O.P. in February, 2016. When the petitioner initiated for purchase of a TVS Scooty by availing a loan from TVS Finance then the CBIL report highlighted a poor rating indicating the petitioner as loan defaulter with Capital First Finance. On taking up the issue of poor CIBIL rating with the O.P., the O.P. claimed an overdue amount for non-payment of one installment for the month of September, 2015. As the monthly deduction of loan amount was mandated to be done by way of ECS through the petitioner's Axis Bank A/c by the O.P. and sufficient fund was available in the Axis Bank A/c at the time of installment became due, the Petitioner described such non-deduction as deficiency of service and thereby filed a case with this Commission and the Commission passed an ex-parte judgment declaring the demanded overdue loan installment as improper and directed the O.P. to pay compensation amount to Rs.30,000/-. The O.P. complied with the order and paid the amount to the Petitioner. But, the O.P. did not issue 'No Objection Certificate / Clearance Certificate' and did not correct the CIBIL rating in the system. Even more so, the O.P. resorted to send number of text messages and calling the petitioner in their persistence of claiming the dues. 

 

6. DECISION AND REASONS THEREOF:-

                   We have taken up the above points raised by the petitioner for arriving at the decision. We considered the submission of the petitioner and perused the documents and evidences adduced by him. The O.P. despite being the notice served, failed to put in appearance before this Commission and as a result the case proceeded ex-parte against the O.P. Our observations on the submission of the petition and the evidences produced thereon by the petitioner is that the overdue amount, as claimed by the O.P. was declared as "improper" by this Commission in that judgment delivered on 19.09.2018. Yet, the O.P. did not issue No Dues Certificate / Clearance Certificate and corrected the CIBIL rating in the system. After a careful consideration, we are of the opinion that the petitioner has rightly asked for the clearance certificate and correction of CIBIL rating in the system in pursuance of this Commission's judgment dated 19.09.2018. But, the O.P. was wrongly, illegally and unjustly persisting to their demand of dues by sending messages and calling the petitioner.

In view of the above observation, we consider that the O.P. has committed a deficiency of service by not issuing the 'No Dues Certificate / Clearance Certificate' and not correcting CIBIL rating in the system and for such deficiency of service, the petitioner suffered and could not avail further loan. We, therefore, direct the IDFC First Bank to pay a compensation of Rs.10,000/-(ten thousand) to the petitioner within two months. If the amount is not paid within the specified time, the petitioner is entitled to get interest @ 9% on the amount from the date of judgment till the date of payment. We also direct the O.P. to issue 'No Dues Certificate / Loan Clearance Certificate ' to the Petitioner and correct CIBIL rating in the appropriate system within 45(forty five) days from the date of the order.

          Accordingly, the complaint is disposed of.              

Supply copy of the judgment to the Complainant free of cost and Complainant is directed to send a copy of this judgment to the address of the O.P. by post.

 

   Announced.

 

 

SRI  RUHIDAS  PAL

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

DR (SMT)  BINDU  PAL

MEMBER, 

DISTRICT CONSUMER DISPUTES 

REDRESSAL COMMISSION, 

WEST TRIPURA,  AGARTALA

 

SRI SAMIR  GUPTA

MEMBER,

 DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA.