Delhi

New Delhi

CC/915/2014

Pesshant Sharma - Complainant(s)

Versus

M/S. The Ratankr Bank Ltd. - Opp.Party(s)

08 Jun 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/915/14                                                                                                                                                                                Dated:

In the matter of:

Sh. Prashant Sharma,

S/o Sh. Gurucharan Sharma,

R/o 14/1, Raja Naagr, Ghaziabad-201002

……..COMPLAINANT

 

VERSUS

M/s. Ratnakar Bank Ltd. (RBL),

Formely ABN Amro Bank and RBS,

Hansalya Bhawan, 15, Barakhamba Road,

New Delhi-110001

                                         ……..OPPOSITE PARTY

 

ORDER

Member: S.R Chaudhary

The brief facts of this complaint are that complainant had availed auto loan from OP bank for Rs.5 lakhs during year 2003 and installments were paid in time regularly. Keeping in good track record of repayments of EMI, OP bank persuaded complainant for personnel loan of Rs.3 lakhs and approved the same without consent of complainant and simultaneously OP bank also withdrew one installment of EMI from complainant’s account through ECS. As soon as complainant came to know such event, he immediately approached OP bank and returned entire amount of Rs.3 lakhs to OP and requested to return EMI installment deliberately. Thus complaint was filed and notice was served to OP. OP Counsel appeared and agreed to return EMI installment of Rs.21,483/- on 08.04.15 but OP Counsel Mr. Surender Tyagi again upgrade his name from CIBIL but all stories cooked by OP counsel to kill the time not to file reply. Thus, OP defense was closed on 01.06.15.

Complainant approached OP bank as well as CIBIL regarding wrong reflection of his name in CIBIL dated 18.06.12 to explain that all EMI of auto laon was dully paid in time, how my name is reflected in CIBIL. It has come to know in the Forum while arguments was heard that OP had given forcibly Rs.3 lakhs personal loan to complainant which returned to OP immediately but OP forcibly debited complainant’s account with a sum of Rs.21,483/-, installment of EMI of personal loan was not reversed by OP consequently complainant name was reflected in defaulter list due to negligence/deficiency/and violation of RBI guidelines who penalized complainant without giving anything for bank’s own interest. Complainant had to sacrifice himself to get loan from any bank due to blunder of OP Bank and bank acted as a L.I.C agent to provide personal loan forcibly to Complainant’s account without consent with a temptation for commission.

Thus, OP Bank is directed to return Rs.21,483/- along with 9% interest from the date of debit till realization. We award compensation of Rs.50,000/- for harassment & litigation expenses to complainant and also direct OP to upgrade complainant’s name from CIBIL forever.

We also impose punitive damages of Rs.50,000/- on OP to be deposited in State Consumer Welfare Fund.

The order shall be complied within 30 days of the receipt of the copy of the order; otherwise action can be taken against OP under Section 25 / 27 of the Consumer Protection Act.

File be consigned to record room.

Copy of the order be sent to the parties free of cost.

 

 

        Pronounced in open Court on 08.06.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(S.R. CHAUDHARY)                 (Ritu Garodia)

MEMBER                                  MEMBER