Tamil Nadu

South Chennai

CC/08/2013

K.V.S.Prasad, - Complainant(s)

Versus

Stabdard Chartered Bank - Opp.Party(s)

R.Dhanalakshmi

25 Jan 2019

ORDER

                                                                        Date of Filing  : 04.01.2013

                                                                          Date of Order : 25.01.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B., PGDCLP.               : MEMBER-I

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER-II

 

C.C. No.08/2013

DATED THIS FRIDAY THE 25^TH DAY OF JANUARY 2019

                                 

Dr. K.V.S. Prasad,

S/o. Sri. Venkateswarlu,

No.42/31, 7^th Cross Street,

Shenoy Nagar,

Chennai – 600 030.                                                      .. Complainant.                                                    

 

      ..Versus..

 

The Manager,

Standard Chartered Bank,

No.187, 2^nd & 3^rd Floors, Anna Salai,

Chennai – 600 006.                                                    ..  Opposite party.

          

 

Counsel for complainant            :  Ms. R. Dhanalakshmi

Counsel for the opposite party  :  M/s. R & P Partners

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 praying to pay a sum of Rs.19,00,000/- towards compensation for mental agony and defamation suffered by the complainant agony with cost of Rs.5,000/- to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that he availed a sum of Rs.3,25,000/- as personal loan on 08.04.2005 with Account No.31395298 from AMEX Bank which has been merged with Standard Chartered Bank.  The complainant paid the entire loan amount with interest.  The last and final payment of Rs.13,000/- also paid by way of settlement letter dated:03.08.2011 and receipt dated:04.08.2011 issued by the opposite party.  But the CIBIL – CIR dated:11.01.2012  shows that there is a current balance of Rs.2,72,064/- with reporting date as 28.02.2006.  The complainant submits that even after payment of entire loan amount and settled the loan account reported to CIBIL leads to deficiency in service and unfair trade practice.  Till date, the opposite party has not given any letter lifting the entry in CIBIL.    The complainant submits that the damages for his suffering are estimated at Rs.19,00,000/-. Therefore the opposite party is liable to pay a compensation of Rs.19,00,000/- for the damages suffered by the complainant.   Hence the complaint is filed.

2.      The brief averments in the written version filed by the  opposite party is as follows:

The opposite party specifically denies each and every allegation made in the complaint and puts the complainant to strict proof of the same.   The opposite party states that the complainant approached the American Express and availed a per loan of Rs.3,25,000/- on 08.04.2005 after acquisition of American Express Bank by the opposite party.   Due information given to the complainant that the complainant is a chronic defaulter in payment of loan and there are dues which is reflected in CIBIL. While so, the complainant approached the opposite party to settle the outstanding dues.  Eventhough the complainant is liable to pay the outstanding dues of Rs.19,566.67 on 03.08.2011 for onetime settlement the opposite party agreed Rs.13,000/-. The complainant also paid the amount.  Thereafter, within 90 days the CIBIL will amend the status.  Therefore, there is no deficiency in service on the part of the opposite party and hence the complaint is liable to be dismissed.

3.     To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A4 are marked.  Proof affidavit of the opposite party is filed and documents Ex.B1 is marked on the side of the opposite party.

4.      The point for consideration is:-

Whether the complainant is entitled to a sum of Rs.19,00,000/- compensation for mental agony with cost of Rs.5,000/- as prayed for?

5.      On point:-

Both parties filed their respective written arguments.  Heard the complainant’s Counsel also. Perused the records namely the complaint, written version, proof affidavits and documents.  The complainant pleaded and contended that he availed a sum of Rs.3,25,000/- as personal loan on 08.04.2005 with Account No.31395298  from AMEX Bank which has been merged with Standard Chartered Bank.   The complainant paid the entire loan amount with interest. The last payment of Rs.13,000/- also paid by way of settlement letter dated:03.08.2011 as per Ex.A1 and receipt dated:04.08.2011 as per Ex.A2.  But the opposite party reported the complainant’s name to CIBIL - CIR Dated:11.01.2012 showing the current balance of Rs.2,72,064/- which is absolutely baseless. Further the contention of the complainant is that even after payment of entire loan amount and settled the loan account reported to CIBIL amounts to deficiency in service and unfair trade practice.  Till date, the opposite party has not given any letter lifting the entry in CIBIL which caused great mental agony.  The complainant is claiming a sum of Rs.19,00,000/- towards compensation.  But the complainant has not explained and proved the claim in such manner known to law.

6.     The contention of the opposite party is that the complainant approached the American Express and availed a per loan of Rs.3,25,000/- on 08.04.2005 after acquisition of American Express Bank by the opposite party.   Due information given to the complainant that the complainant is a chronic defaulter in payment of loan and there are dues which is reflected in CIBIL. While so, the complainant approached the opposite party to settle the outstanding dues.  Eventhough the complainant is liable to pay the outstanding dues of Rs.19,566.67 on 03.08.2011 for one-time settlement the opposite party agreed Rs.13,000/-. The complainant also paid the amount.  Thereafter, within 90 days the CIBIL will amend the status.  But it is seen from the records that till filing the case, the entry in CIBIL has not been lifted proves the deficiency in service.  Considering the facts and circumstances of the case this Forum is of the considered view that the opposite party shall pay a sum of Rs.15,000/- towards compensation for mental agony with cost of Rs.5,000/- to the complainant.

  In the result, this complaint is allowed in part.   The opposite party is directed to pay a sum of Rs.15,000/- (Rupees Fifteen thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.  

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 25^th day of January 2019. 

 

MEMBER-I                           MEMBER-II                     PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	03.08.2011	Copy of settlement letter from the opposite party
Ex.A2	04.08.2011	Copy of receipt of last and final payment
Ex.A3	11.01.2012	Copy of CIBIL – CIR
Ex.A4	03.08.2012	Copy of legal notice

 

OPPOSITE  PARTY SIDE DOCUMENTS:- 

Ex.B1

31.12.2012

Copy of CIBIL Report

 

 

 

MEMBER-I                           MEMBER-II                     PRESIDENT