Bank & CIBIL Jointly Held Deficient for Unrectified Closed Loan Record
TransUnion CIBIL Ltd. & HDFC Bank v. Sanjeev Kumar
Facts: The complainant liquidated an automobile loan and received an official No Objection Certificate (NOC) from HDFC Bank. However, the bank failed to transmit the updated monthly file to TransUnion CIBIL, leaving the loan active with accumulating default flags. Over 10 months later, the complainant applied for a home loan to purchase a residential flat, which was summarily rejected due to a damaged credit score of 598. Despite multiple dispute tickets, neither the bank nor CIBIL rectified the record until a formal consumer complaint was lodged.
Holding: The State Commission held that reporting outdated credit data after issuing a formal loan closure certificate constitutes gross deficiency of service under Section 2(11) of the Consumer Protection Act, 2019. Credit bureaus cannot claim immunity as mere technical conduits when a customer has lodged a statutory dispute ticket under Section 21 of CICRA 2005. The forum ordered HDFC Bank and TransUnion CIBIL to pay ₹1,25,000 as compensation for loss of mortgage opportunity and mental agony, along with ₹20,000 in litigation costs, and directed immediate score restoration.
Precedent Takeaway: Once you furnish a bank NDC/NOC or closure letter, both the reporting bank and the credit bureau have a joint legal obligation to purge the default record within statutory timelines. Failure to do so exposes them to substantial civil damages for lost credit opportunities.