Anita Goyal wife of Sh.Vijay Goyal, resident of House No.508, Vishranti, Zirakpur.

……Appellant/complainant

V e r s u s

Punjab National Bank, Sector 17-B, Chandigarh, through Manager, Branch Code 0087.

Appeal under Section 15 of the Consumer Protection Act, 1986.

BEFORE:  

Argued by:

PER JUSTICE SHAM SUNDER (RETD.), PRESIDENT

“For the reasons recorded above, we find merit in the complaint and the same is partly allowed. OP is directed to make payment of a consolidated amount of Rs.15,000/- to the complainant towards compensation and litigation costs on account of deficiency in service on its part.

This order shall be complied with by the OP within one month from the date of receipt of its certified copy, failing which, OP shall be liable to refund the above said awarded amount to the complainant along with interest    @9% p.a. from the date of filing of the complaint, till its realization”.

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10.         Annexure C-2 of the CIBIL. However, the letter Annexure C-1 sent by the ICICI Bank to the complainant, showed that it informed her, that it would be unable to offer loan facility, to her, because in her case, credit/income eligibility norms were not met. For whatever the reasons, the application for loan, made by the complainant, to the ICICI Bank, had been rejected, the fact remained that the report of the CIBIL Annexure C-2 conveyed to her, by the ICICI Bank, revealed that a number of loans were outstanding against her. Copy of the email message dated 02.03.2012 sent by CIBIL Authorities, showed that, it obtained the information from Credit Institutions and could not remove or modify the same, without confirmation, from the relevant member. The complainant was also informed that they had written to the relevant Credit Institution i.e. Punjab National Bank, and waiting for its response. Copy of the email message Annexure C-4 sent by Mr. P.K. Sahu, Chief Manager/Official of the Punjab National Bank, to pnbcibil (CIBIL), showed that it (CIBIL) was informed that the referred loan accounts, in dispute, were not belonging to Mrs.Anita Goyal wife of Sh.Vijay Goyal, complainant, but the same belonged to one Anita Goyal wife of Sh.Ashok Goyal, Anita Goyal wife of Sh.Ashok Goyal r/o House No.1089, Sector 18-C, Chandigarh, was given against the customer ID of the complainant. Had the Officials of the Opposite Party been careful and discharged their duties, in a devoted manner, such a mistake would not have occurred. On account of the carelessness and negligence, on the part of the Opposite Party, a lot of mental and physical harassment, was caused to the complainant, as wrong information was given to the CIBIL. Letter/report from the CIBIL indicating the loans, showed against the name of the complainant, also tarnished her image, in the eyes of her friends and relatives. No doubt, later on, information was sent to the CIBIL, for rectification of the mistake, committed by the Officials of the Opposite Party, yet, they could not retrieve the image of the complainant. The District Forum was, thus, right, in holding that there was certainly deficiency, in rendering service, on the part of the Opposite Party, by sending wrong information, regarding loans, outstanding against the complainant, to the CIBIL, though the same were outstanding against Anita Goyal, wife of Sh.Ashok Goyal, r/o House No.1089, Sector 18-C, Chandigarh, another lady. The findings of the District Forum, in this regard, being correct, are affirmed.

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Pronounced.

September 17, 2013

Sd/-

[JUSTICE SHAM SUNDER (RETD.)]

PRESIDENT

Sd/-

(DEV RAJ)

MEMBER

Rg