Delhi

West Delhi

CC/15/846

Savitri Singh - Complainant(s)

Versus

Kotak Mahindra Bank Ltd. - Opp.Party(s)

13 Jul 2017

ORDER

CONSUMER DISPUTES REDRESSAL FORUM (WEST)

                            GOVERNMENT OF NCT OF DELHI

  150-151 Community Centre, C-Block, JanakPuri, New Delhi – 110058

 

                                                                                     Date of institution:11.12.2015

Complaint Case. No.846/15                                           Date of order:13.07.2017

IN  MATTER OF

Savitri Singh W/o Sh. DevenderSingh  R/oM-8D, Arjun Apartments, VikasPuri,  New Delhi-110018.                                                                                Complainant

 

VERSUS

1.        Kotak Mahindra Bank Ltd. G-9, First Floor, VikasPuri, Behind PVR Cinema, New Delhi-110018.

                                                                                                            Opposite party no.1

2.        KotakMahnindra Bank Ltd. 7^th Floor,  Plot  No. 7., Sector- 125 , Noida-201313

                                                                                    Opposite party no.2

3.        ICICI Bank, E-1  Ground Floor, Videocon Tower,  JhandewalanExtn. New Delhi .

Opposite party no.3

ORDER

R.S. BAGRI,PRESIDENT

Mrs. Savitri  Singhnamed above herein the complainant has filed the present consumer complaint under section 12 of the Consumer Protection Act  against Kotak Mahindra Bank Ltd.  and Others herein after in short referred as the opposite partiesstating that  the complainant took  car loan ofRs. 3,36,000/-  vide account no. LADEL-00008738643 from opposite party no. 3 and purchased Maruti Wagon car under free insurance policy.  The car met withaccident  within one week of the purchase.  She received a letter from ICICI Lombard insurance company  thathercheque was dishonoured  and the insurance  of the car stands cancelled.  The complainant met her banker and told that she did not issue any cheque for insurance of the car.  Whereas the car was purchased under free insurance scheme.  The complainant  in the year 2007  filed consumer complaint before Consumer Dispute Redressal Forum Kashmiri  Gate Delhi and the matter was decided  in her favour and the insurance company was directed  to pay the compensation of Rs. 2,23,000/- . She paid all remaining  installments of the  loan to opposite parties no. 1 and 2.  The complainant on 21.09.2010  also deposited the remaining  loan amount of Rs. 96,878/-  to the opposite parties no. 1 and 2 and  cleared the loan account.

            That the complaint in 2015 applied for housing loan with South Indian Bank.They checked CIBIL Score of the complainant  and  told that “Civil Suit filed. ” is shown in her CIBIL Score. They asked the complainant to get removed the same or get in writing from the opposite parties no. 1 and 2 that no Civil Suit is pending against the complainant. The complainant  many times approached  the opposite parties and asked them to remove the remarks “Civil Suit filed”  from CIBIL Score of the complainant but to no effect.  Hencethe  present complaint  for  directions to the opposite parties to clear her name from  CIBIL score.

Notices of the complaint weresent to the opposite parties.   But despite service none of the opposite parties appeared.  Therefore, all the opposite parties were proceeded against ex-parte vide order dated 08.04.2016. 

When the complainant MrsSavitri Singh was asked to lead ex-parte evidence by way of affidavitshe filed her affidavit narrating facts of the complaint.  She also filed receipt no. 882201 dated 21.09.2010 showing payment of Rs. 96,878 as full and final amount, statement of account   no. LADEL-00008738643 of the complainant with ICICI  bank showing closer of the account no. LADEL-00008738643 of the complainant with opposite parties no. 1 and 2. She also relied  upon CIBIL status on CIBIL score  wherein  “Civil suit  filed” is shown. 

We have  heard  authorized attorney of  the complainant  and gone  through record carefully and  thoroughly.

The version  of the complainant, affidavit and documents  relied  upon  by herreceipt no.882201 dated 21.09.2010  showing  payment ofRs. 96,878/-, statement of account no.  LADEL-00008738643 and CIBIL Score  have remained un- rebutted and unchallenged, therefore , there is no reason to disbelieve  the un-rebutted and unchallenged version and evidence of the complainant.

The complainant from the   un-rebutted  and  unchallenged  version  and ex-parte evidence   has been able to prove that  she has  paid entire loan amount of the complainant. Whereas in the CIBIL Score  remarks“Civil Suit  filed” is continuing  against her name.  The complainant   requested the opposite parties to remove the remarks “Civil Suit filed”.  But they  failed, therefore, there is deficiency in service  on the part of the opposite parties .

Resultantly the complaint succeeds and is hereby allowed.The opposite parties  are directed to remove the remarks “Civil Suit filed” from CIBIL Score of the complainant  within seven days from the receipt of   copy of this order.

 

 

Order pronounced on :13.07.2017

 

• Compliance of the order be made within 07 days from receipt of the order.
• Copy of order be sent to the concerned parties free of cost.
• Thereafter, file be consigned to record.

 

 

 

(PUNEET LAMBA)                                                              ( R.S.  BAGRI )

                         MEMBER                                                                     PRESIDENT