This is an application u/s.12 of the C.P. Act, 1986.

            Complainant by filing this complaint has submitted that he obtained a personal loan of Rs.39,909/- bearing Loan Account No.14820660 from the OPs and complainant as with the borrower of the OP availed credit facility and finally OP sent a request letter to the complainant for full and final settlement of the said loan on or before 21-07-2012 and finally deposited a sum of Rs.20,000/- against settlement by cash on 21-07-2012 but after that OP did not issue any NOC and his name was not withdrawn from CIBIL List and as such failed to obtain housing loan from other bank.

            Thereafter, the complainant lodged a complaint to Consumer Affairs Department on 02-01-2013 and in respect of notice sent by the said department OP did not appear and for which Consumer Affairs Department sent a letter to the complainant on 01-01-2013 advising the complainant to file this case before this Forum and accordingly for negligent and deficient manner of service the OP complainant compelled to file this complaint for redressal.

            On the other hand OP by filing written statement submitted that the loan account has been closed after a waiver of principal outstanding amount however a status report sent to CIBIL cannot be updated “Closed With Nil Dues” since the loan is closed with waiver of principal outstanding of Rs.12,048/-.  It is pertinent to mention that the OP, being a Non-Banking Financial Company, is guided by all rules and regulations as laid down by the Reserve Bank of India and as per RBI guidelines OP did all such act and same is sent electronically to CIBIL on regular basis by the system itself and OP has obeyed the laws of the country by sharing the credit information of its debtors with CIBIL and the same had been clearly mentioned in reply letter dated 22-05-2013 which was sent along with the Loan Closure Letter and the same is evident from the letter dated 22-05-2013.  So, the complainants entire case is baseless and without any foundation.  It is further submitted that NOC was sent to the complainant on the address provided by him which was received back with note that complainant was not available.  Further it is submitted that OP appeared before the Consumer Affairs Department submitted written reply on 27-08-2013.  But complainant with some intention submitted this false case against the OP and for which this complaint should be dismissed.

Decision with Reasons

After hearing the Ld. Lawyer of both the parties and also considering the vital document that is the letter dated 22-05-2013 it is found that said letter was sent by the OP to the complainant at his address as noted in the loan account “Mr. Pulak Sinha, 15 D, Khanpur Road, Bansdroni, Kolkata 700 047” but that letter was returned with a note addressee not found and that letter was submitted by the OP before the Consumer Affairs Department also and from the said letter it is found that by that letter it is specifically mentioned that loan account is duly closed in their bank records.  Accordingly complainant’s loan account had been sent to CIBIL for updatation in the form of settlement post write off.  So, it is clear that OP did their act and that letter is the NOC and they also reported to CIBIL Authority for updatation of the list by noting settlement post writing off in respect of the complainant’s account.

            But after considering the present complaint it is found complainant has changed his previous address 15D, Khanpur Road, Bansdroni, Kolkata 700 047 to 15A/4, Khanpur Road, Bansdroni, Kolkata – 700 047 but most interesting factor is that complainant did not inform the OP about change of his address.  So, it is clear that there is no fault on the part of the OP and OP already issued NOC and also reported the matter that the loan of the complainant has been settled and asked the CIBIL authority to note down settlement post write off so apparently deficiency on the part of the OP is not found in the particular case. From the letter dated 18-09-2013 issued by the Consumer Affairs Department it is found that complainant already received copy of reply of the OP on 02-09-2013 and in that document it is specifically mentioned that NOC was issued and OP sent such information to the CIBIL authority for withdrawal of the said name from the CIBIL list.  So, apparently, after considering the letter dated 22-05-2013 it is clear that the whole matter has already been disposed of by the OP Bank Authority but complainant did not go to the said Bank to get such information even after change of his address and truth is that Banking Authority sent letter to his address as given in the loan account but same was received back with note addressee not found and fact remains complainant himself changed his address but changed address is not sent to OP.  So, the Banking Authority sent letter to                      of NOC and other related matter to the complainant and that is not the fault of the OP.

            Most interesting factor is that complainant has stated that he came to know that his name was included in the CIBIL list when he went to obtain a housing loan from the another bank but complainant did not go to the bank for collecting the NOC and no where complainant has stated that he went to the bank many times but banking authority harassed him.  On the contrary it is proved from the complaint that complainant lastly deposited the amount on 21-07-2012 as per settlement process and thereafter, he did not go to the bank to collect NOC etc. and from the complaint it is found that there is no allegation that complainant has been harassed by the OP for collecting NOC but it has become the practice of the lonee member who has got several slacksation and practically bank exonerated huge amount that is total Rs.47,175-22 paisa and asked him to pay only Rs.20,000/- and the said account was finally settled and closed.  So, complainant got huge relief from the banking authority and his loan was closed thereafter for grabbing more money this false complaint was filed and considering that fact it is clear that complainant’s entire case is false, fabricated and there is no question of negligent and deficiency on the part of the OP but such sort  of cases are being filed by so called consumers who are in a habit of grab money somehow and sometimes consumers are thinking that it is their right to get money as compensation if any complaint is filed before Consumer Forum.  The present approach of the complainant is no doubt condemnable and such a complaint should be punished at first but we are not imposing any penalty but dismissing the complaint as it is a vexatious complaint.

Hence,

Ordered

That the case be and the same is dismissed on contest against the OP and complainant is directed to go to the bank to receive that certificate of NOC of letter dated 22-05-2013 and OP is directed to hand over it without any harassment.