BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Bhajan Pal aged about 59 years son of Sh.Guljari Lal r/o H.No.3144, Sector 39-D, Chandigarh, UT.

…..Complainant

                                      V E R S U S

1.       Standard Chartered Bank, SCO No.137-138, Sector 9-C, Madhya Marg, Chandigarh, UT, Through its Manager.

2.       Sh.Varun, Loans Dealing Officer, Standard Chartered Bank, SCO No.137-138, Sector 9-C, Madhya Marg, Chandigarh, UT.

3.       The officer customer care, Standard Chartered Bank, Consumer Banking, customer care unit, 19, Rajaji Salai, Chennai-600001 (India).

                                                ……Opposite Parties

CORAM:     SH.P.D.GOEL                                   PRESIDENT

                   SH.RAJINDER SINGH GILL               MEMBER

                   DR.(MRS) MADANJIT KAUR SAHOTA    MEMBER

Argued by:     Sh.Amandeep Singh, Counsel for the complainant.

                        OPs already exparte.

PER P.D.GOEL,PRESIDENT

1.           Briefly stated, the facts of the case are that the complainant took personal loan of Rs.66,000/- from OP No.1 vide loan No.41203097 dated 25.3.2003, which was to be repaid in equal monthly installments of Rs.2505/-. The complainant deposited the entire loan amount and requested the OP No.1 to issue No Due Certificate but its officials illegally demanded Rs.10,000/-. It has been further stated that as per the demand raised by OP No.1, the complainant deposited an amount of Rs.4500/- and, thereafter, the OP No.1 sent No Due Certificate at his old address.

              It is the allegation of the complainant that he approached the Vijay Bank for getting loan for the construction of the house, than he came to know that OPs had put his name in the list of Credit Information Bureau (India) Limited (CIBILL) and as such, the loan could not be sanctioned. Due to this act of OPs, the complainant had suffered a lot. Hence, this complaint.

2.           OPs failed to appear, despite due service, hence, they were proceeded against exparte vide order dated 28.3.2012.

3.           The complainant led evidence in support of his contentions.

4.           We have heard the learned Counsel for the complainant and have also perused the record. 

5.           The averments made in the complaint, as reproduced above in para No.1 of the order, stands corroborated from the affidavit of the complainant, as well as the Annexures C-1 to C-9. Annexure C-1 is the copy of cheque dated 17.3.2003 for Rs.64,680/- regarding sanction of loan. Annexure  C-2 is the copy of application dated 3.8.2011 from the complainant to OP No.1 for grant of No Due Certificate. Annexure C-3 is the copy of deposit slip dated 10.8.2011 for Rs.4505/-. From this document, it is proved that the complainant deposited a sum of Rs.4505/- with OP No.1. Annexure C-4 is the copy of CIBIL Consumer Credit Information Report dated 30.7.2011. From this document, it is proved that the name of the complainant had been recorded in the list of CIBIL. Annexure C-5 is the copy of legal notice dated 24.9.2011. Annexure C-6 is the postal receipts. Annexure C-7 is the copy of complaint form regarding non-issuance of No Due Certificate. Annexure C-8 is the copy of No Due Certificate dated 27.9.2011. Annexure C-9 is the copy of the envelope.

6.           Otherwise also, the allegations made in the complaint have gone un-rebutted and un-controverted as nobody appeared on behalf of the OPs to contest the case. Admittedly, the complainant took the loan from the OPs and, thereafter, paid the entire loan amount. The OPs issued No Due Certificate to the complainant but they put his name in the list of Credit Information Bureau (India) Limited and due to this act of OPs, the complainant has suffered a lot, which amounts to deficiency in service on the part of the OPs. 

7.           As a result of the above discussion, this complaint is allowed and OPs are directed to pay a sum of Rs.10,000/- to the complainant as compensation for mental agony and harassment besides Rs.5,000/- as costs of litigation within one month, failing which, OPs are liable to pay penal interest @ 12% p.a. on the awarded amount from the date of filing of the complaint till its realization, besides costs of litigation.

8.           Certified copies of this order be sent to the parties free of charge. The file be consigned.