Date of Filing : 11.02.2011
Date of Order : 26.11.2011
BEFORE THE II ADDITIONAL DISTRICT CONSUMER
DISPUTES REDRESSAL FORUM,
SESHADRIPURAM, BANGALORE – 560 020
Dated 26th day of November 2011
PRESENT
Sri. H.V.RAMACHANDRA RAO …. President
Sri. BALAKRISHNA V. MASALI, B.A., LL.B.(SPL) …. Member
COMPLAINT NO. 287/2011
Mr.Wayne Christopher Fernandez,
12, 5th Cross, ‘C’, Hutchins Road,
St.Thomas Road,
Bangalore 560 084.
(By Advocate Mr.Aditya Sondhi) ……. Complainant
V/s.
M/s ICICI Bank Limited,
2nd and 3rd floor, Mytree Center, No.4/10,
Hosur Road, Bommanahalli Road,
Banglaore 560 068.
Rep. by Manager.
(By Advocate Jai M Patil) …Opposite Party
ORDER
(By the President Sri. H.V.RAMACHANDRA RAO)
The brief antecedents that yet to be filing of the complaint under section 12 of the Consumer Protection Act seeking direction to the OP to rectify the civil report against the complainant and pay Rs.5 lakh compensation is necessary:
1. The complainant had obtained a vehicle loan from the OP on 19.12.2007 and cleared the entire loan and the OP has issued no objection certificate on 30.04.2009. During the pendency of the said loan regarding the deficiency in service and threatening the complainant has lodged the complaint with the police, filed a complaint before this Forum in complaint No.1277/08 and an order was passed in his favour the OP has paid the amount ordered to the complainant. Subsequently on 26.06.2009 the complainant received the letter from the OP stating that this vehicle loan is still due. This has caused untold hardship to the complainant. The complainant requested the OP to rectify, that has not been complied with.
2. In brief the version of the OP are
Obtaining of the loan, its clearance previous litigation is all admitted. As per the RBI guidelines the OP has intimated the transaction to CIBIL. There is no deficiency in service.
3. To substantiate their respective cases the parties have filed their affidavits and the complainant has filed documents. The OP filed written arguments. Arguments were heard.
4. The points that arise for our consideration are
A) Whether there is deficiency in service ?
B) What order?
5. Our answers are
A) Positive
B) As per the detailed order for the following
REASONS
6. Reading the pleadings in conjunction with affidavit and documents on record it is an admitted fact that the complainant had obtained a vehicle loan from the OP and it was discharged and the OP has issued no due certificate on 30.04.2009. That means the vehicle loan is fully discharged and nothing is due. Even after the closure of this loan the OP has written a letter to the complainant and to the CIBIL stating that still amount is due on 30.06.2009. This is nothing but deficiency in service. When the loan is discharges as settled intimating that still amount is due is nothing but deficiency in service. The OP could have written to the Cibil stating that though higher amount is due they have received lesser amount and settled the matter and nothing is due but that has not been done. Hence showing the complainant at defaulter in CIBIL it certainly affects his credit worthiness.
7. It is further seen that earlier the OPs have criminally intimated the complainant for that lodged the complaint with the police on 03.05.2008 and regarding the filing of the deficiency in service this Forum in CC.NO.1277/08, on contest allowed the complaint and directed the OP to pay Rs.10000/- as compensation, regarding the very loan transaction that has been paid. That means as a vengeance the OP has made the complainant a defaulter in the eyes of law as rightly contended. Hence we hold the above points according and pass the following
ORDER
1. Complaint is allowed in part.
2. OP is directed to get the name of the complainant as a defaulter remove from the CIBIL within 30 days from the date of this order
3. OP shall also pay Rs.2000/- as cost of the proceedings.
4. OP is also directed to send the amount as ordered at No 3 above to the complainant by DD through RPAD and submit to this Forum a compliance report with necessary documents within 45 days from the date of this Order.
5. Return the extra sets to the concerned parties as under regulation 20(3) of the consumer Protection Regulation 2005.
6. Send copy of this Order to both the parties free of cost immediately.
Pronounced in the Open Forum on this 26TH day of November 2011.
MEMBER PRESIDENT
