Order-9.
Date-18/10/2016.
This is an application u/s.12 of the C.P. Act, 1986.
The complainant’s case in short is that she availed loan in the year 2008 from the Branch Office of OP1 at CMM Suri, Burdwan West Bengal, having its Branch Code No.1439 for a sum of Rs.3 lakhs for a period of 3 years being loan Account No.143915200000060. The complainant has been diligent in repayment of the said loan. The complainant in the process of repayment was offered one time settlement of the said loan account by the OPs. The complainant had agreed to accept the same and the said loan account was settled under one time settlement scheme of the OPs. The complainant had paid total sum of Rs.27,650/- under the said one time settlement scheme of the OPs on 30-11-2011 and the OPs also issued the valid receipt thereof to the complainant. The complainant was also issued the loan account statement on 01-06-2015 and from such statement it is clear that the complainant had no dues payable to the OPs. But to utter surprise complainant was shocked to learn that her CIBIL score reflects the said loan account as due and payable. The complainant went to the Branch office of the OP1 and came to learn that the said Suri Branch office had been closed down and has merged with the Durgapur Branch of OP1. The complainant wrote mail to the OPs for the NOC and for updating the CIBIL Score. In reply to the said mail the OP asked for further sum of Rs.75,480/- for the total closure of the said loan account. The complainant failed to understand that in spite of having made the payment towards full and final settlement of the dues under the said loan account the OPs are still asking and demanding a further sum of Rs.75,480/- to settle the accounts. The complainant also issued a legal notice dated 31-05-2016 to OP1 but the same was not replied by OP1. It is the case of the complainant that she had repeatedly asked the OPs for the release of the NOC of the said loan account and for upgradation of the CIBIL score but to no good. The complainant has alleged deficiency of service and unfair trade practice on the part of the OPs. Hence, this case.
OPs have entered into this case on receiving notice but failed to file written version within the statutory period. The case, as such, has proceeded ex parte against the OPs.
Point for Decision
- Whether the OPs are deficient in rendering service to the complainant?
- Whether the OPs have exhibited a gesture of unfair trade practice?
- Whether the complainant is entitled to get the relief as prayed for?
Decision with Reasons
We have travelled over the documents on record, viz. receipt issued by the OPs for full and final settlement of Rs.27,650/- in favour of the complainant, photocopy of statement of transactions with the loan account of the complainant, photocopy of e-mail transactions and other materials on record. It appears that the complainant had availed a personal loan/business loan being loan account no.143915200000060 of principal amount of Rs.3 lakhs from the OPs, from the Branch office of Burdwan, Branch code 1439 CMM, Suri in the year 2008. It also appears that the complainant had been repaying the said loan and at last the said loan was settled under One Time Settlement Scheme in the year 2011 and the complainant had paid off the entire dues towards one time settlement scheme. We have seen the receipt issued by the OPs thereof and the same reflects the full and final settlement of the dues in respect of the said loan account. We have also seen the settlement of accounts in respect of the said loan on record showing that the complainant has paid of the entire loan account and zero amount due and payable by the complainant in respect of the said loan. But we find that the complainant has not been issued the no objection certificate by the OPs in respect of the said loan account to which the complainant is entitled under the banking rules and regulations as framed by the RBI and as amended time to time. But it is also surprising to note that the said loan account reflects in the CIBIL Score of the complainant as due and payable. The complainant as we find informed the matter to the OPs but nothing has been done from the end of the OPs and “due and payable” is reflected in the CIBIL score of the complainant. Moreover, it is alleged that the OPs demanded a further sum of Rs.75,480/- to settle the accounts. We fail to understand that in spite of having made the payments towards the full and final settlement of the dues under the said loan account, how the OPs demanded a further sum of Rs.75,480/- to settle the account. oPs have also failed and neglected to issue NOC and to update the CIBIL score. We think that demand of further sum of Rs.75,480/- is nothing but unfair trade practice. OPs have not also issued the NOC to the complainant in spite of making the entire payment of the dues as payable to the OPs and we think that OPs have also to put up a gesture of deficiency of service in this regard. Moreso, the complainant’s CIBIL Score reflects the said loan account as due and payable. We think that the OPs have been deficient in rendering service to the complainant and they have also adopted unfair trade practice in demanding a further sum of Rs.75,480/- from the complainant to settle the accounts.
In result, the case succeeds.
Hence,
Ordered
That the complaint be and the same is allowed ex parte but on merit against the OPs.
OPs are jointly and severally directed to issue NOC and update the CIBIL Score of the complainant within 15 days from the date of passing this order.
OPs are also directed to stop claiming further sum of Rs.75,480/-.
OPs are also jointly and severally directed to pay an amount of Rs.30,000/- for causing harassment, mental agony and unfair trade practice to the complainant apart from litigation cost of Rs.10,000/- within the said stipulated period.
Failure to comply with the order will entitle the complainant to put the order into execution u/s.25 read with Section 27 of the C.P. Act and in that case OP shall be liable to pay penal damage at the rate ofRs.5,000/- to be paid to this Forum till full and final satisfaction of the decree.
