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Siddharth   07 July 2018

Can I fill court case against TransUnion CIBIL

Hello members,

Last year in June month, I brought a new under construction flat and I applied for Home.

As per the procedure, When bank employee check my CIBIL report then they inform me that they are not able to provide me home loan because as per my CIBIL report, there are 11 Lakh rupees loan active. But I didn't get any loan in my lifetime.

When I checked my report carefully then I found that only my name and pan number match with that report. Other information is not match with me like address, credit history, etc.

Because of this, none of the bank wasn't give me the loan at that period of time. So my loan gets delayed approx 2-3 month because of this issue.

Few days ago, builder called me for possation and asked me for the fine which is approx 60-70 thousand.

So why should I give money to builder if fault wasn't mine. So I need a expert suggestion.

Please suggest me what should I do. You reply will be appropriated.

Thanks,
Siddharth Kamble


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 8 Replies

Kumar Doab (FIN)     07 July 2018

a very able senior LOCAL counsel of unshakable repute and integrity specializing in civil   matters  and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and show the family tree..

 Check for such counsels at LOCAL civil courts, HC……

Kumar Doab (FIN)     07 July 2018

IT shall be appropriate to proceed under expert guidance of a very able senior LOCAL counsel of unshakable repute and integrity specializing in consumer/civil   matters  and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and show the record and inputs that you have..

 Check for such counsels at LOCAL DCDRF/civil courts, HC……

R.Ramachandran (Advocate)     08 July 2018

Please give the following information:

1. Who is asking you to pay the fine of Rs. 60-70 thousand?

2. Whether you have paid the amount payable to the builder?

3. Whether as per the agreement with the builder, any fine/interest is payable by you in case of delayed payment to the builder?

4. In which month and year did the Bank official told you that they are not in a position to grant you the loan, due to CIBIL report.

5. What did you do after knowing about the CIBIL report?

6. Whether the CIBIL report has been corrected now?

 

Siddharth   15 July 2018

Hello Ramchandran,

Sorry for late reply. Following are the answers which you had asked.

1. Builder is not given us possation. He asked me to give late fees of remaining amount which is 18Lakh. And as per the agreement he gave us possation in June 2019.

2. No, we are unable to give amount which is approx 72,000 Rs.

3. As per the agreement, if we are not submit remaining amount in 30 days after completing registration, then builder will fine us 2% of remaining amount. We did registration on 29 June 2018 and because of faulty CIBIL record, my loan was disburse in October month. So, builder charge me 2 month delayed fine.

4. In June month after registration, Bank authority says I had 11 Lakh rupees of personal loan as per the CIBIL report.

5. When I know my CIBIL report is not correct, then I called so many times to CIBIL customer care. They raised my dispute 2 times but they didn't do anything. Then I emailed him on his online mail ID Then they raised one more dispute but still nothing happens. Then I raised my dispute online in July month, but still nothing happens. After that I was gone in bank from where I get loans (as per the CIBIL, I have 5L of personal loan from HDFC bank and 6L of personal loan from Indusind bank) but they told me the person name is exact same (means that person name also is exact Siddharth Arun kamble) but Pan card number is different. Then I was gone to main TransUnion office which is located in Lower Parel, mumbai in August month. Then they once again raised my dispute and gave me copy of written compaint. Also, they told me within 30 days, they resolve my issue. But they take 2 months to resolve my issue. They are update my address, remove few of the bank account from my CIBIL report. (Active loan account). Then in October month, my home loan disburse. I have all the copies of dispute raised in CIBIL since June to August month. Also, when I checked my CIBIL report in theirs office then I find out that they mixed up my report with the other person who has exact my name.

6. No, Still in my CIBIL report, there are lots of account shown of other person like HDFC personal loan, HDFC creadit card, L&T two wheeler loan, etc.

Please let me know what should I do. Right now, I don't have money to give builder. Also, why should I pay builder extra money in which fault wasn't mine.

Thanks

R.Ramachandran (Advocate)     16 July 2018

1. Pl. understand. The builder has nothing to do with CIBIL or with the bank loan.  All that he knows is you and the Agreement entered with you.  If there is delay in payment by you, and if as per agreement, you are liable to pay interest, you have no other g o than to pay the interest to the builder.  

2. You may say that the delay is not your fault, but that of CIBIL and consequently that of the Bank.  BUT THE BUILDER IS LEASE BOTHERED who caused the delay.  As already indicated above, he is concerned only about the receipt of money from you by him.  If there is delay in payment by you, and as per the terms of the agreement, interest is payable by you, then you are liable to the Builder., 

3. If there is mistake by the banks concerned in intimating your name wrongly to the CIBIL, and if you suffered any damage (in this case the need to pay interest to the builder, which avoidable if the bank loan had been relesed to you, and which could not  be released to you due to CIBIL report) then you have to file a case against the Banks concerned which intimated wrongly to CIBIL and claim damages against them.  

4. You cannot file a consumer case against those banks, as (I presume that you do not hold any account with those banks) you are not a consumer of those banks.

5. You may have to file a civil suit for damages.

R.Ramachandran (Advocate)     16 July 2018

1. Pl. understand. The builder has nothing to do with CIBIL or with the bank loan.  All that he knows is you and the Agreement entered with you.  If there is delay in payment by you, and if as per agreement, you are liable to pay interest, you have no other g o than to pay the interest to the builder.  

2. You may say that the delay is not your fault, but that of CIBIL and consequently that of the Bank.  BUT THE BUILDER IS LEASE BOTHERED who caused the delay.  As already indicated above, he is concerned only about the receipt of money from you by him.  If there is delay in payment by you, and as per the terms of the agreement, interest is payable by you, then you are liable to the Builder., 

3. If there is mistake by the banks concerned in intimating your name wrongly to the CIBIL, and if you suffered any damage (in this case the need to pay interest to the builder, which avoidable if the bank loan had been relesed to you, and which could not  be released to you due to CIBIL report) then you have to file a case against the Banks concerned which intimated wrongly to CIBIL and claim damages against them.  

4. You cannot file a consumer case against those banks, as (I presume that you do not hold any account with those banks) you are not a consumer of those banks.

5. You may have to file a civil suit for damages.

R.Ramachandran (Advocate)     16 July 2018

1. Pl. understand. The builder has nothing to do with CIBIL or with the bank loan.  All that he knows is you and the Agreement entered with you.  If there is delay in payment by you, and if as per agreement, you are liable to pay interest, you have no other g o than to pay the interest to the builder.  

2. You may say that the delay is not your fault, but that of CIBIL and consequently that of the Bank.  BUT THE BUILDER IS LEASE BOTHERED who caused the delay.  As already indicated above, he is concerned only about the receipt of money from you by him.  If there is delay in payment by you, and as per the terms of the agreement, interest is payable by you, then you are liable to the Builder., 

3. If there is mistake by the banks concerned in intimating your name wrongly to the CIBIL, and if you suffered any damage (in this case the need to pay interest to the builder, which avoidable if the bank loan had been relesed to you, and which could not  be released to you due to CIBIL report) then you have to file a case against the Banks concerned which intimated wrongly to CIBIL and claim damages against them.  

4. You cannot file a consumer case against those banks, as (I presume that you do not hold any account with those banks) you are not a consumer of those banks.

5. You may have to file a civil suit for damages.

R.Ramachandran (Advocate)     16 July 2018

1. Pl. understand. The builder has nothing to do with CIBIL or with the bank loan.  All that he knows is you and the Agreement entered with you.  If there is delay in payment by you, and if as per agreement, you are liable to pay interest, you have no other g o than to pay the interest to the builder.  

2. You may say that the delay is not your fault, but that of CIBIL and consequently that of the Bank.  BUT THE BUILDER IS LEASE BOTHERED who caused the delay.  As already indicated above, he is concerned only about the receipt of money from you by him.  If there is delay in payment by you, and as per the terms of the agreement, interest is payable by you, then you are liable to the Builder., 

3. If there is mistake by the banks concerned in intimating your name wrongly to the CIBIL, and if you suffered any damage (in this case the need to pay interest to the builder, which avoidable if the bank loan had been relesed to you, and which could not  be released to you due to CIBIL report) then you have to file a case against the Banks concerned which intimated wrongly to CIBIL and claim damages against them.  

4. You cannot file a consumer case against those banks, as (I presume that you do not hold any account with those banks) you are not a consumer of those banks.

5. You may have to file a civil suit for damages.


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