Dear Sir/Madam,
Thank you very much to give us your support for our stand.
Firstly I want to give u my information, I am Manubhai V Mehta, living in Mumbai, age of 65, For your kind information I m appointed as a joint Secretary in All Maharashtra Human Rights Welfare Association in Mumbai, i have taken this matter because of illegal activities and business of CIBIL, because CIBIL says that they are waiting for Certificate of Registration and Final Guidelines from R.B.I.
1) Activities of CIBIL are totally Illegal Under The Bank Act as below:
17. Act Name : THE CREDIT INFORMATION COMPANIES (REGULATION) ACT, 2005
Act title : NO. 30 OF 2005
Enactment date : [23rd June 2005.]
4. SECTION(CHAPTER II)
REGISTRATION OF CREDIT INFORMATION COMPANIES
5. SECTION(3.)
Prohibition to commence or carry on business of credit information.
3. Prohibition to commence or carry on business of credit information.-Save as otherwise provided in this Act, no company shall commence or carry on the business of credit information without obtaining a certificate of registration from the Reserve Bank under this Act.
2) CIBIL have committed the violation of our Constitution by taking away fundamental rights of Indian Citizen, because every Indian Citizen have right to get Justice, no body can declare any borrower as a Defaulter Debtor or Insolvent without any strict proof and any Judicial Court’s order.
3) We can also File the defamation case against CIBIL under The Indian Penal Code 1860 as below:
1. Act Name : THE INDIAN PENAL CODE, 1860
Act title : ACT NO. 45 OF 1860 1*
Enactment date : [6th October, 1860.]
36. SECTION(34.)
Acts done by several persons in futherance of common intention.
. 1*[34. Acts done by several persons in futherance of commonintention.--When a criminal act is done by several persons infurtherance of the common intention of all, each of such persons isliable for that act in the same manner as if it were done by himalone.]
37. SECTION(35.)
When such an act is criminal by reason of its being done with a criminal knowledge or intention.
35. When such an act is criminal by reason of its being done with a criminal knowledge or intention.--Whenever an act, which is criminal only by reason of its being done with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention is liable for the act in the same manner as if the act were done by him alone with that knowledge or intention
38. SECTION(36.)
Effect caused partly by act and partly by omission.
36. Effect caused partly by act and partly by omission. Whereverthe causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understoodthat the causing of that effect partly by an act and partly by anomission is the same offence. Illustration A intentionally causes Z's death, partly by illegally omitting togive Z food, and party by beating Z. A has committed murder.
26. SECTION(24.)
"Dishonestly
24. "Dishonestly".--Whoever does anything with the intention ofcausing wrongful gain to one person or wrongful loss to anotherperson, is said to do that thing "dishonestly".
39. SECTION(37.)
Co-operation by doing one of several acts constituting an offence.
37. Co-operation by doing one of several acts constituting an offence.--When an offence is committed by means of several acts, who ever intentionally co-operates in the commission of that offence by doing any one of those acts, either singly or jointly with any other person, commits that offence. Illustrations (a) A and B agree to murder Z by severally and at different times giving him small doses of poison. A and B administer the poison according to the agreement with intent to murder Z. Z dies from the effects the several doses of poison so administered to him. Here A and B intentionally co operate in the commission of murder and as each of them does an act by which the death is caused, they are both guilty of the offence though their acts are separate. (b) A and B are joint jailors, and as such have the charge of Z, a prisoner, alternatively for six hours at a time. A and B, intending to cause Z's death, knowingly co-operate in causing that effect by illegally omitting, each during the time of his attendance, to furnish Z with food supplied to them for that purpose. Z dues of hunger. Both A and B are guilty of the murder of Z.[protected][protected][protected][protected]. Subs. by Act 27 of 1870, s. 1, for the original section.108 (c) A, a jailor, has the charge of Z, a prisoner. A, intending to cause Z's death, illegally omits to supply Z with food; in consequence of which Z is much reduced in strength, but the starvation is not sufficient to cause his death. A is dismissed from his office, and B succeeds him. B, without collusion or co-operation with A, illegally omits to supply Z with food, knowing that he is likely thereby to cause Z's death. Z dies of hunger. B is guilty of murder, but, as A did not co-operate with B. A is guilty only of an attempt to commit murder.
46. SECTION(44.)
"Injury".
44. "Injury".--The word "injury" denotes any harm what ever illegally
caused to any person, in body, mind, reputation or property.
So CIBIL is doing their Business illegally, in cordinance with their Members like all Credit Institutes and Banks, The Business of CIBIL ruined the life of young and energetic Indian citizen, and the all Banks creating their wrong balance sheets by showing wrong and proof less out standings, false figures of Assets which effect and damage India’s economy. so we decide to fight against CIBIL, and all the members of CIBIL and R.B.I. though they are Dominating Authority even though they do not take any action against them, We desire to fight on humanity ground in public Interest, so we have to file PIL against all, CIBIL, Members of CIBIL and R. B. I. In the interest of Natural Justice.
This is our first aim, so we want your help in way first you give us your full detail what happen with the you, by bank and CIBIL, tell us your problems. Please let us know how much time u can spend to fight . Please send your written complain address to Human Rights, at my e-mail I-D. We suggest you have to keep passion for getting justice, but we assure you that we will fight together for our Right and to get justice. You may circulate this message to other Victims Of CIBIL to those who are known to you.
Manubhai V Mehta
B/605 Lucky Tower,
Behind Patel nagar,
M.G.Cross Road No.4
Kandivali (West),
Mumbai Pin :400067 Phone:[protected]/[protected]/[protected]
Aug 14, 2020
Complaint marked as Resolved ![Credit Information Bureau India [CIBIL] Logo](/thumb.php?bname=1&src=cibil.jpg&wmax=280&hmax=280&quality=90&nocrop=1 "Credit Information Bureau India [CIBIL] Logo")
I HAVE APPLIED FOR LOAN (LOAN AGAINST PROPERTY), IT HAS BEEN REGECTED DUE TO CIBILE REPORT, IT SEAMS I HAVE NOT CLOSED SOME OF MY LOANS ASWELLS AS CREDIT CARDS, HENCE I REQUEST YOU U TO GIVE MY FULL DETAILS SO THAT I WILL REMOVE MY NAME FROM DEFAULTS
MY NAME: S SUBRAMANESWARA RAO
D O B: 06/11/1952
ADDRESS: SASI FLATS NO 41 KRUNJI STREET AMBAL NAGAR PORUR CHENNAI 600116
LAND LINE:[protected]
CELL:[protected]
the rounds for some time now, but is based on a complete misunderstanding of
the statutory provisions.
Neither the Consitution of India nor the Representation of the People Act,
1950 contain any provision to suggest that failure or refusal to vote can
have any bearing on the outcome of an election at which other people have
duly voted for the candidate of their choice. The provision in question,
"49-O", is actually a mere Rule which has been enacted in order to deal with
a peculiarity of the electronic voting system which India pioneered.
"The Conduct of Election Rules, 1961" have been framed under the
Representation of the People Act, 1961, and make detailed provisions for
everything from filing of nomination papers to casting of votes, counting of
votes, and the like. Separate provisions are made for direct elections such
as to Parliament and State Assemblies, and for indirect voting such as in
electoral colleges. Part IV of the Rules covers "Voting in Parliamentary
and Assembly Constituencies", while Part V covers "Counting of Votes in
Parliamentary and Assembly Constituencies". Part IV has two Chapters, with
Chapter I (Rules 28 to 48) applying to "Voting by Ballot", and Chapter II
(Rules 49-A to 49-X), which was added in 1992 to deal with the new
phenomenon of electronic voting, applying to "Voting by Electronic Voting
Machines".
Rule 49-O, which is part of Chapter II, has been introduced in order to
account for all electors who have attended and signed into the polling
station. In the case of voting by ballot, the actual number of ballot
papers issued are required to be tallied with the votes cast in order to
avoid any malpractice, and this account includes ballot papers which have
been properly marked, ballot papers which have been accidentally
torn/defaced, ballot papers which are seized from electors who refuse or
fail to put them into the ballot boxes, and so on. Since ballot papers are
physically verifiable and can be counted (whether from the ballot boxes or
from sealed envelopes containing defaced/torn/misused ballot papers), there
was no need prior to 1992 to have any special Rule to obtain the signature
of an elector who attended the polling process but refused or failed to cast
her/his vote.
However, when voting is done by electronic voting machines, there is no
physical manifestation of the vote. Hence, all accounting has to be done by
verification of the registers which are signed by the electors before going
behind the screen and punching a button on the voting machine. There being
no such thing as a blank or defaced or torn ballot, it became necessary to
provide that if an elector, after coming to the polling station and signing
in, refuses or declines to cast her/his vote, then a remark has to be made
in the register and the signature/thumb impression of the elector has to be
obtained against such remark. This remark/entry is then relied upon while
counting votes under Rule 66-A, which is a special Rule for counting of
votes cast in electronic voting machines, since the machine only records the
votes actually cast, and has no means of knowing how many people signed in
but failed/refused to cast their votes.
Rule 66-A read with Form 17-C make it clear that the purpose of Rule 49-O is
only to ensure that electors who fail to vote ater signing into the pollking
station have done so of their own accord and not due to any force or
coercion. Form 17-A is the form in which the polling booth register is to
be maintained, which is signed by all electors when they enter the polling
booth and are identified against the list of valid voters at that booth.
Form 17-C records the final count of votes as per Rule 66-A, and this has to
be signed by the election agents of all the candidates as it reflects the
final result of the tally. Column 6 of Form 17-C requires that the number of
electors who actually cast their votes as per the voting machine, be added
to the number of those who declined/refused to vote, i.e. those in respect
of whom a remark is entered against their names in the voting register (Form
17-A) under Rule 49-O, and that the total of these two figures should tally
with the total who signed the voter's register. In case of any discrepancy
in this total, the polling agents have to explain the discrepancy in Form
17-C. This is nothing but an accounting procedure devised in order to
ensure that there is neither any bogus voting, nor any force used to prevent
valid electors from casting their votes.
Importantly, there is nothing whatsoever in the Act or Rules to suggest that
if electors either individually or collectively decline to cast their votes
and get this fact recorded under Rule 49-O, then this would have any effect
whatsoever on the election. Elections are won (or lost) on the basis of
votes cast in favour of different candidates, and not on abstentions.
The Greek definition of "" remains as valid as ever, and Rule 49-O has
done nothing to elevate a person who refuses to vote out of that category.
Cheers.
Chander Uday Singh.
> From: XYZ
> Sent: Thursday, December 04, 2008 11:01 AM
> To: Delhi Users; Mumbai Users; Chennai Users; Bangalore Users
> Subject: FW: "I VOTE NOBODY".
>
>
> ________________________________
> From: ABCD
> Subject: "I VOTE NOBODY"...
>
> Dear All,
>
> Did you know that there is a system in our constitution, as per
> the 1969 act, in section "49-O" that a person can go to the
> polling booth, confirm his identity, get his finger marked and
> convey the presiding election officer that he doesn't want to vote
> anyone!
> Yes such a feature is available, but obviously these seemingly
> notorious leaders have never disclosed it.
> This is called "49-O". Why should you go and say "I VOTE
> NOBODY"... because, in a ward, if a candidate wins, say by 123
> votes, and that Particular ward has received "49-O" votes more
> than 123, then that polling will be cancelled and will have to be
> re-polled. Not only that, but the candidature of the contestants
> will be removed and they cannot contest the re-polling, since
> people had already expressed their decision on them. This would
> bring fear into parties and hence look for genuine candidates for
> their parties for election. This would change the way; of our
> whole political system... it is seemingly surprising why the
> election commission has not revealed such a feature to the public...
>
> Please spread this news to as many as you know...
> Seems to be a wonderful weapon against corrupt parties in India ...
> show your power, expressing your desire not to
> Vote for anybody, is even more powerful than voting... so don't miss
> your chance.
>
from: Manubhai V Mehta
Email id :[protected]@hotmail.com
[protected][protected][protected][protected]
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Last updated: 03/13/09.
I have been a victim of CIBIL and banker highhandedness but decided not to take this lying down. here is what i did to improve my cibil records. the CIBIL is not a public enterprise yet behaves as one. some one needs to bring them down and file a PIL against them
As a background I had a dispute of a transaction with a bank credit card. this continued for 8 years and they finally closed the account since they were unable to answer my letters (they had not delivered the credit card to me and yet charged me for using it). upon closing the account, they malafiedly updated my cibil records to show this as written off overdue amount.
All my loan and new card applications started to be declined and then I realized what had happened. I could not afford these credit issues so I decided to settle with the credit card bank (despite them having closed the account) and under protest so as to clear my name in CIBIL. I asked them for a settlement proposal. they asked me to pay 30k towards the alleged 1.5 lacs (including interest that had accrued).
1. After I settled my dues with the credit card company, I pursed them for two months both on the phone, email and written letters every few days to update my CIBIL records. They finally stopped answering my calls and still did neither zeroize the account nro udpated CIBIL. infact I restarted receving credit card statements again with interest and service charged accruing once again
2. I lodged an FIR agains the bank and the guy who had proposed the settlement stating cheating fraud etc. and not delivering what they promised in their own proposal despite my depositing the cash.
3. I lodged a complaint with RBI
4. I lodged a complaint with RBI ombudsman - www.bankingombudsman.rbi.org.in and followed up repeatedly for about 2 months . finally this settlement made around nov 08 showed strains and BO rbi invited me for a meeting with the bankers in March 2009 after 3-5 months of this issue.
5. the bankers stated in the meeting that typically they mention Written OFF as the cibil status on all settled accounts, the RBI OB almost slammed the banker and said this was wrong and they need to mention that the account has been settled and also remove my name from all defaulter lists such as MCNF . they are also to provide a zeroized statement withen 1 month of the meeting
beware that the peons at the RBI BO are in deep pockets with teh bankers and they will dissuade you from attending the meeting stating that your cibil report is as it should be after settlement "written off". donot accept that and meet the secretary and the cheif of BO and state your issue.
you WILL be avenged as BO might levy penalties as well against the bankers
TAGS: HSBC, credit card, CIBIL, RBI banking ombudsman, defaulter, written off, settlement
i would like to know my credit card sitution in cibil my d.o.b is[protected]
vijendra singh verma
Could you kindly provide me with my CIBIL record my Pan Number is ARFPK2329E and my D.O.B is 01/10/1982.
thanks
AND THIS COMPLAIN WAS REPORTED ON 1 10 -2010..NOW I DON'T KNOW WHOM TO CONTACT EVEN FOR CLEARINGTHIS..KINDLY HELP ME AS SOON AS POSSIBLE AS IT HAS CAUSED A GREAT IN CONVINIENCE AS WELL MENTAL BURDEN TO ME..
P.S Ramesh
Credit Card No [protected]
Pan No ACZPR393J
Bank also has given no dues certificate. but still we had problem in cibil report. Please do needful. At present we are in need of bank loan.
So please help us
With regards
Ramesh P.S