PBEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 31st day of December 2011
Filed on : 10/08/2011
Present :
Shri. A Rajesh, President.
Shri. Paul Gomez, Member. Member.
Smt. C.K. Lekhamma, Member
C.C. No. 433/2011
Between
Jerry P. Joslin, : Complainant
S/o. Joslin P. Varghese, (By Adv. Michael M Wilson,
13/762, Hospital Road, Adv. & Notary, Manarkattu,
Karuvelipady, Kochi-682 005. Thoppumpady, Cochin-5)
And
The Branch Manager, : Opposite party
G.E. Country wide, (Absent)
Kurisupally road, Ravipuram,
Cochin-682 016.
O R D E R
C.K. Lekhamma, Member.
The case of the complainant is as follows:
The complainant is presently employed in the gulf. The complainant had applied for a housing loan with Sundaram BNP Paribas Finance. They rejected the complainant’s loan application on 05-07-2011 on the ground that the complainant’s name figured in the CIBIL list released by the Reserve Bank of India. On enquiry it was found that he had allegedly availed a loan from the opposite party on 29/03/2002 with default of Rs. 13,000/-. The loan number was shown as RKC 19430. The complainant has never availed a loan from the opposite party till date. The date on which the alleged loan was availed by the complainant, he was not even in India. The opposite party had somehow fraudulently facilitated a loan for somebody using the Complainant’s name. Moreover, it is seen that towards the alleged loan, there was a payment allegedly made from the complainant’s part through, Allahabad Bank wherein the Complainant has no account. The complainant is not in a position to avail any loan from any bank in India as a result of this. The complainant has ;on several occasions approached the opposite party to furnish the account details of the alleged loan availed by the complainant. The opposite party has declined to give the details of the account. This amounts to deficiency in service and also constitutes unfair trade practice. The complainant issued a letter dated 12/07/2011 to the opposite party. But the opposite party has not cared to reply to that letter. Hence the complainant approaches this Forum for the following directions against the opposite party.
i. to direct the opposite party to furnish the statement of accounts with regard to the alleged loan account with number RKC 19430
ii. To direct the opposite party to do the needful to get the name of the complainant removed from the CIBIL list released by the Reserve Bank of India.
2. The complainant appeared through counsel. The opposite party remained absent after accepting notice from this Forum. The complainant adduced oral as well as documentary evidence. Exts. A1 to A3 were marked on his side. Thereafter, we have heard the counsel.
3. The points that arose for consideration are as follows.
i. Whether the complainant is entitled to get his name removed from the list of defaulters published by CIBIL?
ii. Whether the complainant is entitled to get loan account statement pertaining to loan number RKC 19430 from the opposite party?
4. Points Nos.i&ii. The case if the complainant is that his name is figured in the CIBL list of Reserve Bank of India. On enquiry he found that he had purportedly availed a loan from the opposite party and it was defaulted. So at present he is not in a position to avail any loan from any other Banks in India. According to him the opposite party had fraudulently facilitated a loan for somebody using complainant’s name.
5. Ext. A1 is the copy of passport, Ext. A2 is the copy of the letter dated 12/07/2011 issued by the complainant to the opposite party and Ext. A3 is it’s A/D card. Ext. A1 passport goes to show that on 23-02-2002, the date of availing of the loan the complainant was not in India. Though the complainant requested the opposite party to furnish the details of alleged loan and ensure his name is removed from the CIBIL list. The opposite party did not respond to the same. Nothing is forthcoming on the part of the opposite party in connection with the averments of the complaint. In the absence of anything to the contrary evidence we are of the opinion that the case of the complainant is believable and trustworthy. Therefore, we have no hesitation to hold that the complainant is entitled to get the details of alleged loan transaction from the opposite party and the opposite party is duty bound to ensure that the name of the complainant is removed from the CIBIL list.
6. Accordingly, we allow the complaint as follows:
i. The opposite party shall take immediate steps to remove the complainant’s name from the list of defaulters maintained by the CIBIL.
ii. The opposite party shall forthwith issue the statement of loan account number RKC 19430 to the complainant.
The above said order shall be complied with within a period of one month from the date of receipt of a copy of the order.
Pronounced in the open Forum on this the 31st day of December 2011
Sd/-C.K. Lekhamma, Member.
Sd/- A Rajesh, President.
Sd/- Paul Gomez, Member.
Forwarded/By Order,
Senior Superintendent.
Appendix
Complainant’s exhibits :
Ext. A1 : Copy of A.D. Card
A2 : Copy of letter dt. 12/07/2011
A3 : Copy of A.D. Card
Opposite party’s Exhibits : : Nil
Depositions:
PW1 : Jerry P Joslin
