Delhi

East Delhi

CC/503/2022

RAMAN KANT ISSAR - Complainant(s)

Versus

ICICI BANK - Opp.Party(s)

06 Jan 2023

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION (EAST)

                       CONVENIENT SHOPPING CENTRE, SAINI ENCLAVE, DELHI

 

DATE: 06.01.2023

IN THE MATTER

SHRI RAMAN KANT ISSAR V/S ICICI BANK LIMITED

CC No. 503/2022

The present complaint is filed by the complainant against the OP alleging that his application for personal loan to OP was denied by OP on the ground that the complainant’s CIBIL is not satisfactory as CIBIL record show default of Rs. 45297/- on statement of record of OP bank vide Top up Loan Statement No. LPDEL00000842665 which is annexed herewith the complaint as Annexure ‘G’,. The above said account is an old bank loan accounts with OP, pertaining to the year 2003. Complainant stated that he has taken loan from OP in the year 2001 and with respect payment of the said loan, a dispute arose with OP which continued till 2004. In pursuance of the said loan settlement, complainant has paid the loan in excess which was returned by OP in 2003 itself, however the complainant alleged that OP has paid him lesser amount with the difference of Rs. 3674/-. Complainant kept writing to OP for the payment of Rs. 3674/- however, complainant has not mentioned in his complainant the consequence of the same.

At later stage, in July 2020, complainant has applied with OP for personal loan which was denied by OP stating that CIBIL record showing default of Rs. 45297/- as stated above.

The complainant has prayed for the return of excess amount of Rs. 3674/- paid to OP with respect to old loan amount and also to clear the bank overdue charges along with the interest till date, with respect to the dispute that has arisen in 2003.

The perusal of court file reveals that complainant has filed all the documents related to the loan taken in 2001 and the payment thereof in 2004, but did not file any document to show any new cause of action that arose in July 2020 showing any deficiency and services on the part of the OP. Moreover, no prayer is made with respect to any cause of action that have arisen in 2020 as per the allegation of the complainant.

 From the fact above it is clear that the complainant in disguise of the present complaint is attempting to revive the old dispute of 2003 that was between the complainant and OP. The same cannot be revived as the dispute is barred by limitation and cannot be revived now. Therefore, the complaint is dismissed being devoid on merits and barred by limitation in terms of Section 69 of Consumer Protection Act, 2019.

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