THANE: The Thane District
Consumer Redressal Forum
(
TDCRF
) has rapped a private bank for failing to abide by a loan customer’s
ECS
mandate and then informing the Credit Information Bureau (India) Limited (
CIBIL
) that his account was not in order.
The forum ordered
Axis Bank to pay a compensation of Rs 8,000 to Nilesh Kamble, who was declared ineligible for fresh loan owing to the bank’s report to CIBIL.
Kamble said he had availed a loan of Rs 3 lakh from Axis Bank on March 17, 2012 and instructed them to use Electronic Clearing Service (ECS) to debit funds from his account in
ICICI Bank. Axis Bank had a mandate to seek
EMI
of Rs 7,295 through ECS on the fifth of every month.
On April 5, 2012, Axis Bank allegedly failed to forward the ECS mandate to ICICI Bank. But later, it charged him Rs 3,212 for the delay in EMI payment. This happened when he had sufficient funds in his bank account.
Kamble argued that when he approached Bajaj Finance for a loan to buy of an air conditioner, they refused him saying his CIBIL record was not in order. Axis Bank had informed CIBIL about the failure of the EMI payment. His attempts to secure a home loan was also spoilt as other banks referred to the CIBIL records.
In their order, TDRCF forum president Sneha Mhatre and members Madhuri Vishwarupe and ND Kadam said the evidence produced by Kamble was enough to conclude that by not sending the ECS mandate to ICICI Bank, Axis Bank was deficient in its services. Also, it had also informed CIBIL about the status of the loan repayment for which the complainant was not at fault, the order said.
As the bank did not present its case, the matter was decided ex-parte against it. The forum ordered Axis Bank to pay Kamble Rs 5,000 for causing mental harassment and Rs 3,000 towards legal fee before August 31.
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