BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.41 of 2015

Date of Instt. 06.02.2015

Date of Decision :09.07.2015

Rajesh Kumar son of Hoshiar Chand Sharma R/o NW-43 & OW-19, Krishna Nagar, Jalandhar.

..........Complainant Versus

M/s Bajaj Finance Ltd, Sahota Complex, 1st Floor Near Bus Stand, Jalandhar, through its Manager.

.........Opposite party

Complaint Under the Consumer Protection Act.

Before: S. Jaspal Singh Bhatia (President)

Ms. Jyotsna Thatai (Member)

Sh.Parminder Sharma (Member)

Present: Sh.Ajay Kumar Adv., counsel for complainant.

Sh.HS Kohli Adv., counsel for opposite party.

Order

J.S.Bhatia (President)

1. The complainant has filed the present complaint under the Consumer Protection Act, against the opposite party on the averments that earlier the complainant approached the opposite party for taking the financial assistance for the consumer durable and is paying the installments regularly. The complainant got its financial assistance vide loan account No.4380CD02763004 and has never committed any default. Surprisingly complainant notice that his name is reflecting in CIBIL i.e Credit Information Bureau (India) Ltd. The complainant enquired the matter and was shocked after noticing that the opposite party has given the name of the complainant to department against one loan No.4380CD00061590. The complainant approached the opposite party for the clarification but the opposite party failed to give the justification. The complainant has never taken any loan against the loan no.4380CD00061590. On such like averments, the complainant has prayed for directing the opposite party to send reference to CIBIL to remove his name and to provide the fresh CIBIL report. He has also claimed compensation and litigation expenses.

2. Upon notice, opposite party did not appear and as such it was proceeded against exparte. However in order to clarify the matter Sh.Harinder Singh Sodhi, Legal Manager of opposite party was summoned as a witness who made statement on 8.6.2015 to the following effect that:-

"Stated that the Complainant Rajesh Kumar has also availed two more loan bearing nos. 4380CD02763004 and 4380SCE07666692 from the opposite party. Whereas due to system problem and similarity in the name of complainant, CIBIL Report of the complainant was got effected which has already been corrected by the Opposite Party.

The Complainant has not taken Loan No.4380CD00061590. It was taken by some other Rajesh Kumar and due to similarity of name, system error occurred and due to this fact, CIBIL report was done which has been corrected by the Opposite Party. Relevant Copy of documents regarding correction of CIBIL as Ex.FA to Ex.FE".

3. In support of his complaint, learned counsel for the complainant has tendered into evidence affidavit Ex.CA alongwith copies of document Ex.C1 to Ex.C6 and closed evidence.

4. Sh.HS Kohli Adv., has appeared on behalf of opposite party subsequently.

5. We have carefully gone through the record and also heard the learned counsels for the parties.

6. From the statement of Sh.Harinder Singh Sodhi, Legal Manager of opposite party finance company it is evident that the loan in question was not taken by the complainant and it was taken by some other Rajesh Kumar and due to similarity of name system error occurred and due to this fact CIBIL reporting was done which has since been got corrected by opposite party. So, in his statement Sh.Harinder Singh Sodhi, Legal Manager of opposite party has in a way admitted the fault of the opposite party in reporting the matter to CIBIL without any default on part of the complainant which constitute deficiency in service on the part of the opposite party. However, the error has been got rectified by the opposite party but complainant had to file the present complaint and only then the error was got rectified. He has to incur expenses on the present litigation. He has also suffered harassment as his name appeared in CIBIL reflecting default in payment of loan amount on his part. So he is entitled to compensation and litigation expenses.

7. In view of above discussion, the present complaint is partly accepted and opposite party is directed to pay Rs.10,000/- in lump sum to the complainant on account of compensation and litigation expenses. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.

09.07.2015 Member Member President