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TMI Blog2023 (8) TMI 342X X X X Extracts X X X X X X X X Extracts X X X X ..... itioner for a housing loan for a sum of Rs. 2,46,00,000/-; that a triparte agreement dated 15.07.2015 was entered into between complainant, his wife, the first petitioner and the developer; that the first petitioner in collusion with the developer disbursed the loan amount of Rs. 2,42,98,578/- even before the completion of construction, contrary to the terms of the triparte agreement; that the first petitioner started demanding the E.M.I.'s (Equated Monthly Installments) after such disbursal of the loan amount; that the respondent and his wife aggrieved by the said act of the first petitioner and the developer, lodged an F.I.R. in Crime No. 3118 of 2019 on the file of the Ernakulam Central Police; that the respondent had also filed a consumer complaint on the file of State Consumer Disputes Redressal Commission at Thiruvananthapuram; that the developer offered to settle the dispute; that on 08.03.2019, a settlement agreement was executed as per which the developer refunded the entire amount of Rs. 2,42,98,578/- to the first petitioner and paid a sum of Rs. 75,00,000/- to the respondent as full and final settlement; that pursuant to the said compromise, the respondent withdrew t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a mechanism is provided under the CIC Act, even assuming that the allegation is true, the offence alleged is not made out. (c) The learned Senior Counsel submitted that since the fact that there was a default and the Suit was filed cannot be disputed, the said entries cannot be said to be made with the intention to harm the reputation of the respondent. (d) The learned Senior Counsel submitted that in any event even if it is assumed that the first petitioner had committed the offence, the other officers cannot be held vicariously liable for the offence of defamation in the absence of any specific allegation as to the role played by those officers in the alleged offence of defamation. (e) The learned Senior Counsel further submitted that the occurrence had taken place within the jurisdiction of Kerala, and the learned Magistrate, Saidapet, has no jurisdiction to try the offence alleged in the impugned complaint. 4. (a) Mr. John Sathyan, learned Senior Counsel for the respondent, per contra, submitted that the complaint is bonafide and discloses the commission of the offence under Section 500 of the Indian Penal Code. The question as to whether the respondent's reputation was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e to. CIBIL is a Credit Information Company which is registered under the Companies Act and granted a certificate of registration under Section 5 of the CIC Act by the Reserve Bank of India. The institution that offers loans is called a Credit institution. A Credit institution is defined in Section 2 (f) of the CIC Act and it includes a non-banking financial company, and public financial institutions etc; It is bound to be a member of any Credit Information Company. The first petitioner, which is a Credit institution, is a member of CIBIL. The functions of a Credit Information Company is provided under Section 14 of the said Act. The primary functions are to collect, process and collate information on trade, credit and financial standing of the borrowers of the credit institution and also to provide credit information to its specified users. The Specified user is defined under Section 2 (l) of the CIC Act. The credit institution who is a member of the credit information company, is bound to provide information as per Section 17 of the CIC Act to the Credit institution company as required by them. 6. In the instant case, the petitioners had provided the information as required of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... making an appropriate correction, or addition or otherwise, and on such request the credit information company or the specified user or the credit institution, as the case may be, shall take appropriate steps to update the credit information within thirty days after being requested to do so: Provided that the credit information company and the specified user shall make the correction, deletion or addition in the credit information only after such correction, deletion or addition has been certified as correct by the concerned credit institution: Provided further that no such correction, deletion or addition shall be made in the credit information if any dispute relating to such correction, deletion or addition is pending before any arbitrator or tribunal or court and in cases where such dispute is pending, the entries in the books of the concerned credit institution shall be taken into account for the purpose of credit information." Thus, it can be seen that the respondent is not without any remedy if there is any information that requires to be updated. A borrower can request the credit institution, the petitioners herein or the credit information company, namely CIBIL, to upd ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person. Explanation 1.-It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives. Explanation 2.-It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such. Explanation 3.-An imputation in the form of an alternative or expressed ironically, may amount to defamation. Explanation 4.-No imputation is said to harm a person's reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther than its specified user; or (b)by the specified user, shall be disclosed to any other person; (c)by the credit information company or specified user, shall be disclosed for any other purpose than as permitted or required by any other law for the time being in force." Section 22 provides for punishment of persons who obtain unauthorised access to credit information. Thus, considering the nature of information required to be furnished under the CIC Act and that it has to be kept confidential, this Court is of the view that information provided by the petitioners in compliance of the statutory requirement cannot be said to be made or published to harm the respondent's reputation. 11. This Court finds that the CIC Act is a Special Act which provides for a composite mechanism to deal with all situations, including the one complained of by the respondent. In fact, Section 23 of the CIC Act provides for offences and penalties if any false entry is made by any person in any written or other document or in any information furnished by him, then, he shall be liable for prosecution. The respondent ought to have resorted to the remedy provided under the CIC Act if they were su ..... X X X X Extracts X X X X X X X X Extracts X X X X
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