• 2.5 years /admitted bank error / destroyed cibil by 80 Points

Hello , 
This is little detailed , as I need to be clear with a lawyer.please be patient . 

For me,Any loan taken till date has been paid on time and had credit score 840 . 

2015 October bought a car on SBI loan , they gave ECS to me to submit to Andhra bank personal current account for automatic emi debit of rs 11,550 on 10th of every month.

In feb-march 2018 , went for a loan frm nbfc and they said your financial creditials are great even good score but repayment history is poor might have problem issuing loan , shocked ! I took CIBIL report see score has fallen 808

Reason : late payment for near 2.5 years of SBI loan 

I checked Andhra bank statements and approached SBI bank manager , after checking he admitted there was a mistake from their end

Mistake is : as per SBI software due date is 25th of every month and amount is 11645

I questioned : i only gave the ECS form provided from SBI to my bank ,I can't change the content . The ECS given to Andhra bank states debited amount to be 11550 on 10th and emi debited on time for 2.5 years without a day delay suddenly your software says 11645 on 25th. Am I responsible ? 

Manager : I am extremely sorry sir , I do not know how it happened,must be software issue, it's above my pay grade I will guide you to racpc head loan manager of entire city. 

Racpc manager: after hearing entire event, he said
 " I understand ,i see it's our mistake , I will give you in writing that we are at fault and your repayment was on time with stamp and sign " 

I questioned : I also need to you to correct my CIBIL which you guys have been giving errored info ruining my CIBIL ? 

Racpc manager : sir , please provide a new NACH form, new version of ECS , to additional 95 rupees 
total 11645 and due to date as 10th , 

Me : what about CIBIL correction ? 

Racpc manager : this was the BOMBSHELL

 " frankly it's all automated between bank n CIBIL, with latest automatic software and I do not how to correct it !!!

 I can write a letter with my sign n stamp saying you are perfect in repayment and it's bank error if you wish to avail loan from any bank and in one month new NACH form will take effect and within a year or so timely payments your CIBIL will be improved " 

Next sentence , I FROZE for a moment 

 " If you know what to do regarding correcting cibil , let me know " 

Me : how come mistakes of customers like missed payments n co , have to be apologized with money (penalty etc ) but bank mistakes even serious mistakes are apologized with just a SORRY ???

Later I called CIBIL n got to know the process,still as a consumer am helpless untill bank updates their mistake which I am in discussing with them . 

I want to know ? 

1: is there a ground for case ? I felt humiliation , mental stress, countless hours to entire process . 

2: expenses involved and what are damages I can seek ? 

3: as per Indian courts ,Avg time for case to see judgement ?
Asked 4 years ago in Civil Law

3 answers received in 2 hours.

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4 Answers

1. Yes you can file a case against them in the consumer forum for unfair trade practice and cheating.

2. You can seek damages for mental harassment, expenses will depend upon the lawyer you engage.

3. It will take 1-1.5 years for the court to decide the case.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You can file complaint against bank before consumer forum and seek compensation for mental torture undergone by you

2) you have good case on merits

3) case would take around 2 years to be disposed of

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

1) Raise a complaint with CIBIL

Visit the dispute resolution section on the CIBIL website and fill out a complaint form. For this, you need the nine-digit number provided on your credit report which contains the disputed details. CIBIL itself cannot edit your details, but it will approach your bank to ascertain if your complaint is legitimate. You can expect a resolution within 30 days.

2) You can also send a legal notice to bank through lawyer and file a case in district consumer forum .

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1. You collect all the documentary evidences of the grave error that crept in and continued so long.

Issue a legal notice to the bank with a copy endorsed to CIBIL about this and demand rectification of the error and make your CIBIL report alright by informing them about the error on the side of the bank.

If the bank do not comply the same within the time stipulated then you may approach consumer court for relief, remedy and compensation.

2. You can seek damages through consumer court only and the assessment may be made justifiably as per the circumstances.

3. 3 to 4 years.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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