District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.188/2021.
Date of Institution: 30.03.2021.
Date of Order: 03.01.2023.
Vivek Dhingra son of Shri I.P.Dhingra R/o flat NO. 106, Tower-1, Sector-75, Faridabad, Haryana.
…….Complainant……..
Versus
M/s. Deutsche Bank AG, Registered office: Ground & 14th floor, Hindustan Times House, 18-20, Kasturba Gandhi Marg, New Delhi- 110 001 through its Director/principal Officer.
…Opposite party……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………….Member.
PRESENT: Sh. Sandeep Gupta & Sh. Ajay Yadav counsel for the complainant.
Sh. Azam Ali, counsel for opposite party.
ORDER:
The facts in brief of the complaint are that Sh. I.P.Dhingra (father of the complainant)and late Smt. Kiran Dhingra (mother of the complainant) availed Credit Facility and Cap vide loan account No. 300023817240019 & 100023817240019 from the opposite party against the House NO. 2363, Sector-9, Faridabad and in the said loan, the complainant was co-borrower. Both the aforesaid loan accounts were settled with the accused in the year 2019 and the opposite party had issued No Dues Certificate on 31.12.2019. Recently the complainant approached a bank for availing loan, where the officials of the bank checked his CIBIL record and found that the opposite party in an illegal manner entered the name of the complainant in CIBIL. The complainant requested the accused several times to update the said false CIBIL Status and to remove the endorsement/entry of CIBIL from the status/account of the complainant and to give clearance of CIBIL to the complainant. In this way, the opposite parties had committed fraud, cheating with the complainant. Thereafter, the complainant through his counsel sent a legal notice to the opposite party vide registered post on 18.02.2021 vide which called upon the opposite party to clear/clean the status of CIBIL of the complainant in all respects from his record.The aforesaid act of opposite party amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite party to:
a) clear/clean the status of CIBIL of the complainant in all respect from;
b) pay Rs. 1,00,000/- as compensation for causing mental agony and harassment .
c) pay Rs. 21,000 /-as litigation expenses.
2. Opposite party put in appearance through counsel and filed written statement wherein Opposite party refuted claim of the complainant and submitted that On 15.01.2015, the complainant alongwith Mr. Inder Pal Singh, Mrs. Kiran Dhingra approached the opposite party to avail working Capital Facility and in order to secure the same, offered to create a mortgage of the property bearing House No. 2362, Ector-9, Faridabad. The opposite party responded favourably to the said request and on 15.01.2015, the opposite party sanctioned the Working Capital Facility to the opposite parties herein, for a sum of Rs.74,00,000/-. Accordingly, the Borrowers herein entered into a Working Capital Facility Agreement with the Applicant Bank. For this a separate Working Capital facility Agreement with Customer ID No. 002381724 was allotted to the opposite parties herein. As per the terms of the Facility agreement, the opposite parties agreed to abide by the terms under the aforesaid facility. ON 21.01.2015, the borrowers again approached the opposite party and requested to grant loan against property. The opposite party once again responded favourably to the said request and sanctioned loan against property for a sum of Rs.1,05,00,000/-. The borrowers also entered into a loan against property agreement with the opposite party and for this a separate loan account No.300023817240019 was allotted to the borrowers. On account of repeated defaults in payment of the facility interest and monthly installment of the loan, both the account of the borrowers were declared Non-Performing Asset (NPA) on 08.08.2017 in accordance with the guidelines issued by the Reserve Bank of India. The borrowers approached the opposite party for settlement of the above mentioned loan facilities. As per the borrower’s request and to amicably resolve the dispute opposite party agreed to the borrower’s proposal for settlement of total outstanding being Rs.2,39,83,845.59/- due as on 24.12.2019 by paying an amount of Rs.1,08,90,000/- towards full and final settlement. In terms of the said settlement, the borrowers had paid an amount of Rs.1,08,90,000/- to the opposite party. The opposite party had issued No Due Certificate to the Borrowers in view of the settlement of the abovementioned loan facilities. In compliance with the guidelines issued by the Reserve Bank of India, the opposite party had upgraded the status in the report submitted to Credit Information companies as “Settled”. Opposite party denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. The parties led evidence in support of their respective versions.
4. We have heard learned counsel for the parties and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite party– Deutsche Bank AG with the prayer to: a) clear/clean the status of CIBIL of the complainant in all respect from; b) pay Rs. 1,00,000/- as compensation for causing mental agony and harassment . c) pay Rs. 21,000 /-as litigation expenses.
To establish his case the complainant has led in his evidence, Ex.CW1/A – affidavit o Shri Vivek Dhingra,, Ex.C-1 - No Dues Certificate, Ex.C-2 – CIBIL report dated 29.08.2020,, Ex.C-3 – legal notice, Ex.C-4 – letter dated 24.12.2019.
On the other hand counsel for the opposite party strongly agitated and
opposed. As per the evidence of the opposite party Ex. OP/A – affidavit of Vishal Charan, Authorised representative of Deutsche Bank AG having its office at : Ground & 14th floor, Hindustan Times House, 18-20, K.G.Marg, New Delhi,, Ex.OP1/1 – power of attorney,, Ex.OP1/2 – legal notice dated 18.02.2021,, Ex.OP1/3 – reply to legal notice,, Ex.OP1/4 - letter dated June 27, 2014 regarding format for furnishing of credit information to credit information companies and other Regulatory Measures.
6. The complaint was filed by the complainant with the prayer to clear/clean the status of CIBIL of the complainant in all respect .
7. During the course of arguments, counsel for opposite party argued at length and stated at Bar that opposite party has already given NOC certificate to the complainant on 31 December 2019 vide Ex.C1 and the complaint was filed by the complainant on 30.03.2021.
8. After going through the evidence led by the parties, the Commission is of the opinion that no deficiency in service on the part of the opposite party has been proved. Resultantly, the complaint is dismissed. Copy of this order be given to the parties concerned free of costs and file be consigned to record room.
Announced on: 03.01.2023 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
