State Consumer Disputes Redressal Commission
L & T Finance Ltd. vs Sandeep Singh on 17 February, 2021
Daily Order STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UNION TERRITORY, CHANDIGARH Appeal No. 09 of 2021 Date of Institution 27.01.2021 Date of Decision 17.02.2021 L & T Finance Ltd., Plot No.174, 4th Floor, Phase-2, Industrial Area, Chandigarh through its Authorized Representative Naveen Jain. .....Appellant/Opposite Party Versus Sandeep Singh son of late Sh. Tarsem Singh resident of VPO Behlolpur, Tehsil and District SAS Nagar, Mohali. Presently residing at House No.2545-B, Sector 39-C, Chandigarh. .....Respondent/Complainant BEFORE: JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT MRS. PADMA PANDEY, MEMBER
Argued by: Sh. Varun Katyal, Counsel for the appellant.
PER PADMA PANDEY, MEMBER This appeal is directed against an order dated 18.09.2021, rendered by District Consumer Disputes Redressal Forum-I, UT, Chandigarh (hereinafter to be called as the District Forum only), vide which, it partly allowed the Consumer Complaint bearing No.949 of 2019, filed by the complainant, with the following directions:-
"(i) to get the CIBIL score of the complainant corrected.
(ii) pay ₹30,000/- to the complainant as compensation for causing mental agony and harassment to him;
to pay ₹10,000/- to the complainant as costs of litigation.
OP is further burdened with punitive damages of ₹50,000/- which shall be deposited by it in the Consumer Legal Aid Fund account head being maintained in the name of Secretary, State Consumer Disputes Redressal Commission, UT, Chandigarh which may be utilized under the orders of the competent authority for the purpose of providing legal aid to economically poor persons and weaker sections of society as well as making consumer awareness by holding appropriate programmes etc. This order be complied with by the OP within thirty days from the date of receipt of its certified copy, failing which, it shall make the payment of the amount mentioned at Sr.No.(ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of remaining directions.
Certified copies of this order be sent to the parties free of charge. A certified copy of this order be also sent to the Secretary, Hon'ble State Commission, UT, Chandigarh for filing execution application, if need be, as and when the order becomes final for recovery of the amount of ₹50,000/-, as mentioned hereinbefore. The file after compliance be consigned."
The facts, in brief, are that the complainant applied for personal loan from the bank in the year 2019, but, the same was declined on the ground that his CIBIL score was not good. It was stated that complainant also received summon from the District Court, Chandigarh for settlement of loan in Lok Adalat at Chandigarh in the matter filed by the Opposite Party. It was further stated that the complainant on being enquired found that loan dispute is pending against him with the Opposite Party. It was further stated that Enquiries further revealed some person by the name of Sandeep Sharma S/o Tarsem Lal Sharma of Bassi Pathana had raised a loan of Rs.54,000/- from the Opposite Party for the purchase of two-wheeler whereas complainant's name is Sandeep Singh s/o Sh. Tarsem Singh R/o VPO Behlolpur, Tehsil and District SAS Nagar, Mohali. It was further stated that the PAN card number of the complainant was used. It was further stated that time and again it was asked to get the entry corrected, but the Opposite Party paid no heed. It was further stated that the aforesaid acts of the Opposite Parties, amounted to deficiency, in rendering service and prayed for directing the Opposite Party to correct his CIBIL score; pay compensation of Rs.1,00,000/- for harassment and Rs.21,000/- as litigation expenses.
The Opposite Party filed its reply and, stated that complainant is not its consumer. It was further stated that the complaint is bad for non-joinder and mis-joinder of parties as Sandeep s/o Sh. Tarsem Lal permanent resident of Nandpur Kalaur, Bassi Pathana, Fatehgarh Sahib, presently residing at Village Behlolpur, District SAS Nagar, Mohali who had obtained the loan for two-wheeler from the Opposite Party has not been made as party. It was further stated that matter involves complicated questions of facts which cannot be decided in a summary manner. It was further stated that loan was advanced to Sandeep S/o Sh. Tarsem Lal vide loan agreement dated 25.03.2016 and the principal amount sanctioned was Rs.43,500/-. It was further stated that there is no deficiency in service on its part, and the Opposite Party had prayed for dismissal of the complaint.
In the rejoinder, filed by the complainant, she reiterated all the averments, contained in the complaint.
The parties led evidence, in support of their case.
After hearing the Counsel for the Parties, and, on going through the evidence, and record of the case, the District Forum, partly allowed the complaint, as stated above.
Feeling aggrieved, the instant appeal, has been filed by the appellant/Opposite Party.
We have heard the Counsel for the appellant/Opposite Party, at the preliminary stage, and have gone through the evidence, and record of the case, carefully.
After giving our thoughtful consideration, to the contentions, advanced by the Counsel for the appellants, and the evidence, on record, we are of the considered opinion, that the appeal is liable to be dismissed at the preliminary stage, for the reasons to be recorded hereinafter.
The Opposite Party/Appellant has placed on record the judgment passed by the Punjab State Consumer Disputes Redressal Commission in case number First Appeal 94 of 2015 titled as SBI Cards & Payments Services Private Limited Vs. Raj Kumar & Anr. From the record, we find that the Opposite Party/Appellant had filed a claim before the Lok Adalat Chandigarh and copy of notice is Annexed at C-1. It was also got served on the complainant as Sandeep Tarsem Lal S/o Tarsem Lal showing the complainant to be resident of Village Behlolpur, SAS Nagar Mohali. In the claim form, same names were mentioned resident of same village and total amount claimed was Rs.54,323/-. Even after knowing fully well that the complainant is not that person who is the loanee of the OP, claim was preferred against him before the Lok Adalat and the CIBIL does not have a dream to make adverse entry of defaulter unless it is put on site or reference was made by the financial institution.
The appellant had taken no steps to certify and get the entry deleted in the name of the complainant. Sandeep Sharma S/o Tarsem Lal Sharma is shown as resident of village Behlolpur in the account maintained with Oriental Bank of Commerce and as per the certificate issued by the Sarpanch there is no such person resided in village Behlolpur. This is not only unfair trade practice but also the act of the Opposite Party/appellant in putting a respectable person into unnecessary trouble. Further, the appellant has taken no steps to inform CIBIL to delete the name of the complainant and substitute its actual loanee resident of another village and therefore, the judgment passed by the District Forum in partly allowing the complaint does not require any interference of this Commission.
For the reasons recorded above, the appeal, being devoid of merit, must fail, and the same is dismissed, at the preliminary stage, with no order as to costs. The order of the District Forum is upheld.
Certified copies of this order, be sent to the parties, free of charge.
The file be consigned to Record Room, after completion.
Pronounced.
17.02.2021 Sd/-
[JUSTICE RAJ SHEKHAR ATTRI] PRESIDENT Sd/-
[PADMA PANDEY] MEMBER STATE COMMISSION M.A.No.146 of 2021 In APPEAL No.9 of 2021 (L & T Finance Ltd. Vs. Sandeep Singh) Argued by:
Sh. Varun Katyal, Counsel for the appellant.
Dated the 17th day of February, 2021 Since the Appeal No.9 of 2021 has been dismissed at the preliminary stage, with no order as to cost and the order passed by the District Forum has been upheld, as such, this application stands dismissed being rendered infructuous.
Let this file tagged with the Appeal file.
Sd/- Sd/- (PADMA PANDEY) (JUSTICE RAJ SHEKHAR ATTRI) MEMBER PRESIDENT Gp