Date of filing:-21/06/2016.
Date of Order:-28/08/2017.
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (COURT)
B A R G A R H
Consumer Complaint No.21 of 2016.
Om Prakash Agrawal S/o. Ramachandra Agrawal, aged about 65 yrs, R/o. Ward No.1(one), Nadipara, Po/Ps/Dist. Bargarh At present R/o. Ward No.6(six) Near Rukmani Talkies, Bargarh, P.o/Dist –Bargarh. ..... ..... ..... Complainant.
- V e r s u s -
The Branch Manager, H.D.F.C. Branch, Bargarh Near Gurudwara, Po/Dist-Bargarh.
Sri Himanshu Shekhar Panda, Cluster Head, HDFC Ltd, Sambalpur, Near Baraipali, Dist-Sambalpur.
Regional Manager, HDFC Office Ltd, Bank House Patrapada, Khandagiri, Bhubaneswar, Dist-Khurda. ..... ..... ..... Opposite Parties.
Counsel for the Parties.
For the Complainant:- Sri U.K.Mahapatra, Advocate with other Advocates.
For the Opposite Party No.1(one):- Sri A.K.Sahoo, Advocate with other Advocates.
and No. 3(three)
For the Opposite Party No.2(two):- Expounge.
-: P R E S E N T :-
Sri Krishna Prasad Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Sri Pradeep Kumar Dash ..... ..... ..... ..... ..... M e m b e r.
Ajanta Subhadarsinee ..... ..... ..... ..... ..... M e m b e r(w).
Dt.28/08/2017 -: J U D G E M E N T :-
Presented by Sri K.P. Mishra, President:-
Brief Facts of the case :-
In pursuance to the provision of the Consumer Protection Act-1986 U/S 12, the Complainant has preferred to file the case pertaining to deficiencies of service and un-fair trade practice on the part of the Opposite Parties as mentioned hereunder.
The case of the Complainant in brief is that he is a bonafide consumer of the Opposite Parties Bank having three Loan Account in the said Bank vide A/C No. 50200007136151 in the name of M/S Shiv Shankar Steels, A/C No.06841348 headed by Agricultural Cash Credit Loan, and another vide A/C No. 50100056464670 in the head of Agricultural loan. All the said Loan Accounts were registered in the bank in the name of his wife, son and his daughter-in law namely Bimla Agrawal, Ajaya Agrawal and Sima Agrawal respectively.
The allegation of the Complainant is that the Opposite Parties are always have been playing mischief with his said accounts in different ways i.e. in his Accounts No-50200007136151, though it was the duty of the Bank to insure the same it has not done so and in spite enhanced the rate of 2%(two percent) interest to which it revised, later on, the complain of the Complainant, after six months, seeing no alternative the Complainant insured the said account directly in the Bank by paying the premium but after that knowing fully well the Opposite Party No.1(one) again insured the same account by crediting an amount of Rs.6,372/-(Rupees six thousand three hundred seventy two)only from his said account with a malafide intention but has not refunded the same amount till date even after his request.
Again the case of the Complainant with regard to account No. 06841348, the Opposite Party No.1(one) debited an amount of Rs.33,851/-(Rupees thirty three thousand eight hundred fifty one)only against the premium, but the Complainant has deposited Rs.5,995/-(Rupees five thousand nine hundred ninety five)only against the such premium personally. So to which when the Complainant complained the rest excess amount, it was refunded to him after a lapse of five months, which of such action of the Opposite Party No.1(one) was amounts to unfair trade practice and deficiencies against the Complainant.
Again his allegation against the Opposite Party with regard to the Account No.50100056464670, at the time of the sanction of the Loan Account on Dt. 19.08.2014 it was agreed between both the Parties regarding the rate of E.M.I.@ of Rs.3,98,003/-(Rupees three lakh ninety eight thousand three)only in half yearly basis, but much prior to the due date the Opposite Parties deducted the E.M.I amount of Rs.3,98,003/-(Rupees three lakh ninety eight thousand three)only i.e on Dt.04.12.2014, which is contrary to the agreed condition, again committing un-fair trade practice.
In furtherance to the allegation of the Complainant the total Loan amount was Rs.22,61,840/- (Rupees twenty two lakhs sixty one thousand eight hundred forty) only but the Opposite Parties took away an amount of Rs.23,97,000/- (Rupees twenty three lakhs ninety seven thousand )only to close the account which is much excessive, but though the Complainant raised objection to that it has not yet refunded the same nor has yet given any explanation to that effect. And further though the loan Account have already been closed since Dt.22.01.2016. It has not yet returned the mortgaged documents till date to the Complainant, these acts of the Opposite Party was committed in convenience with the Opposite Parties No.2(two) & No.3(three) to harass him mentally and financially which amount to unfair trade practice and deficiencies of service on the part of the Opposite Parties jointly severally. Thus the cause of action of arose on Dt.15.06.2016 when the Complainant asked the Opposite Parties to return his those mortgage documents and to refund the excess collected amount, to which the Opposite Parties refused. In support of the aforesaid allegation the Complainant has relied on the following voluminous documents.
Bank Statement of Account No. 18172560000051/502000051.
Insurance Policy No. 50200007136151.
Agreement Copy- 50200007136151.
Insurance with respect to Account No. 06841348.
Agreement Copy of Account No. 06841348.
Agreement Copy of Account No. 50100056464670.
Payment schedule of Account No. 50100056464670.
Statement of Account No. 06841348.
Saving Account schedule from where payment was made vide Account No. 50100045494375.
Having gone through the Complaint, the documents filed by the Complainant and on hearing his counsel for him the Forum was pleased to Admit the case and served notice on the Opposite Parties for their appearance and filing of version if any with them. And on being noticed the Opposite Parties No.1(one) & No.3(three) appeared through their Advocate and subsequently on Dt. 20.03.2017, on the petition of the Complainant the Opposite Party No.2 was Expunged, and after taking several Adjournments, and even after being imposed costs for delay in filing the version for the Opposite Party No.1(one) & No.3(three) also, they did not turn of for filing of the version nor paid the costs imposed on them, hence the Opposite Parties No.1(one) & No.3(three) are also set Ex-parte and hearing was taken of, and during the course of hearing the Advocate for the Opposite Party No.1(one) and 3 (three) insisted to take part, and was allowed to participate from the point of natural justice.
Heard both the Advocates placing their respective cases, and the Complainant put forth his case in details along with the required documents filed by him, but on the contrary in the absence of either version or any documents in his support the advocate for the Opposite Parties could not bring out any material against the Complainant or could defies any allegation leveled against them, which was the only opportunity left with him, for which the case of the Complainant taken to be true and on seeing his documents and after hearing his counsel we are of the views that the allegation made by the Complainant are genuine for which all the Opposite Parties jointly and severally liable. Hence the order follows.
- O R D E R -
Hence the Opposite Party No.1(one) & No.3(three) are directed to refund the excess amounts of Rs.1,35,160/- (Rupees one Lakh thirty five thousand one hundred sixty)only collected from the Complainant and pay an amount of Rs.5,000/-(Rupees five thousand)only as compensation for his mental and physical harassment with an interest @ 9% (nine percent) per annum from the date of filing of the case and are also further directed to return the documents submitted by the Complainant before them at the time of sanction of the Loans, all these direction would be carried out by the Opposite Parties with in one month from the date of receipt of the Order, in default of which interest @ 14%(fourteen percent)per annum would accrue on the total amount till the realization of the said amounts. Accordingly the case of the Complainant is allowed against the Opposite Parties.
Hence accordingly we pronounced the Order in the open Forum allowing the Complaint and the case is disposed off to-day i.e on Date.28.08.2017.
Typed to my dictation
and corrected by me.
(Sri Krishna Prasad Mishra)
P r e s i d e n t.
I agree, I agree,
(Ajanta Subhadarsinee) (Sri Pradeep Kumar Dash)
M e m b e r(w). M e m b e r(m).
