BEFORE THE BANGALORE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SHANTHINAGAR BANGALORE -  27.

CONSUMER COMPLAINT NO.73/2022

DATED ON THIS THE 22^nd FEBRUARY-2023

Present:        1) Sri. B.Narayanappa

M.A., LL.B., - PRESIDENT  

                     2) Smt. Sharavathi. S.M,

                                               BA., LLB., MEMBER

ORDERS’s Delivered by Sri B.NARAYANAPPA,

                                                               PRESIDENT

The complainant is a Cab driver by profession and he is a customer of OP from the year 2012.On 26.02.2012, the complainant in order to purchase SONY LED 26 EX 420 TV.Availed loan of Rs.22,515/- from the OP and purchased the said TV and, the complainant taken care of in maintaining sufficient balance in his account to honor the ECS facility for 10 months from February 2012 to November 2012 at the rate of EMI of Rs.2,850/- per month but, the OP intentionally came to the complainant and collected 2 months ECS by way of cash of Rs.2,800/- and issued receipt saying that, they could not deduct it from Bank account due to technical problem.As per the OP, ECS loan facility agreement had been ended in the month of November-2012 but the OP never issued any clearance certificate in spite of several oral requests made by the complainant with OP.On 09.11.2021, complainant approached the ICICI Bank for availing vehicle loan at Prashanth Nagar Branch, they informed the complainant that, he is not eligible for any loan since his CIBIL score is very poor.The complainant was shock and surprise to know the said fact.Therefore, it is alleged that, due to the negligence on the part of OP, his CIBIL score has been come down resulting in causing mental agony to the complainant.Therefore, the complainant was forced to avail loan from a private financier to the tune of Rs.6,50,000/- and purchased a second hand Swift Desire Car bearing Registration No.KA-05 MX-7853 since he was not eligible for loan.Therefore, it is alleged that, there is a deficiency in service on the part of OP in view of OP Bank has not maintained proper CIBIL score in the account of the complainant. Hence, this complaint.

5. our consideration are as under

1. Whether the complainant proves that the alleged deficiency in service on the part of the opposite party and thereby he is entitled to the reliefs as sought for?
2.  What order?
6.  

      Point No.1 :- In the negative.

      Point No.2 :- As per final order

                          for the following

:: R E A S O N S ::

7.         Point No.1:- It is undisputed factthat, in the month of February-2012, the complainant had availed loan of Rs.22,515/- from OP for purchase of SONY LED 26 EX TV on payment of 10 monthly EMIs of Rs.2,850/- each and according to the complainant, he maintained sufficient balance in his account for payment of EMIs under ECS facility and he produced statement of transaction as per Ex.P-9 which shows that, the complainant has maintained sufficient balance in his account for payment of EMIs and it is further contention of the complainant that, the OP collected two months ECS by way of cash on 23.04.2012 and 16.06.2012 and he closed the loan account.The OP has also admitted closure of loan account by the complainant but, as contended by the complainant, loan clearance certificate has not been issued by the OP.But as per the contention of the OP, same has been issued to the complainant and it is further specific contention of the complainant that, on 09.11.2021, he approached ICICI Bank, Prashanth Nagar, Branch for availing vehicle loan and the officials of the ICICI Bank informed that, his CIBIL score is very poor, therefore, he is not eligible for any loan.From this, the complainant shocked and surprised that, in spite of clearance of loan, his CIBIL score has come down for which, the OP is responsible.But, according to the OP, the complainant had paid two EMIs in advance after availing the loan.Subsequently, he has become defaulter in payment of EMIs.Therefore, bouncing charges of Rs.350/- has been imposed.Due to default in payment of EMIs through ECS, the CIBIL score of complainant has come down and the loan was cleared by the complainant.The OP has produced statement of account, which shows that, the loan status as closed on 25.10.2017.Therefore, it is crystal clear from the statement of account produced by OP that, the loan availed by the complainant has been closed and statement of account further reflects that, on 08.06.2012, 10.07.2012, bouncing charges of Rs.350/- each were charged due to bouncing of cheques issued for clearance of EMIs under ECS and on 31.07.2012, 31.08.2012, 30.09.2012 and 31.10.2012 a penal interest of Rs.150/- each was levied to the complainant.From this, it is crystal clear that, the complainant has become defaulter in payment of EMIs.Therefore, his CIBIL score has come down for which, the complainant himself is responsible and not OP.Therefore, from the material documents placed on record by both the parties to the complaint, it appears that, there is no deficiency in service on the part of OP but, due to the default in making payment of EMIs by the complainant, his CIBIL score has come down.Under the circumstances, the complainant is not entitled to any relief as sought in the complaint.Hence, we answer point No.1 in the Negative.

8. Point No.2:- For the aforesaid reasons, we proceed to pass the following

:: ORDER ::

1. The complaint of the complainant is dismissed.  No order as to costs.

2. Furnish the copy of order to both parties at free of cost.

(Dictated to the Stenographer transcribed, typed by him, corrected by us and then pronounced in open Commission on this the 22^nd February 2023)