PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                                                           CONSUMER COMPLAINT NO.37/2022

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Sukru Bhoi,

S/O- Prasadi Bhoi,

R/O- Badtikira, Po-Batemura, Ps-Dhama,

Dist-Sambalpur.                                                            ……..Complainant

Versus

1. Branch Manager Indusind Bank SBP

         At-Ainthapali, PO/PS-Ainthapali, Dist-Sambalpur-768004.

2. Raja Ullaha,

Sunapali, Motijharan, Ps-Dhanupali

Dist-Sambalpur(Agent)-768002       .                            ….…...Opp.Parties

Counsels:-

1. For the Complainant         :- Self
2. For the O.P.s                       :- Sri. A.K. Sahoo & Associates

Date of Filing:27.05.2023,Date of Hearing :22.05.2023, Date of Judgement : 03.07.2023

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The Complainant purchased one BAJAJ PLATINA obtaining financial assistance of Rs. 47,000/-, executed Hypothecation Agreement No. OSS08857H dated 25.04.2019 and agreed to repay the O.P. in 36 EMIs w.e.f. 21.05.2019 to 21.03.2022. The sole allegation of the Complainant is that during Covid pandemic the O.P. No.2 collected excess amount of Rs, 10,545/- for vehicle No. OD 15N-2042.
2. The O.P. No.1 after appearance submitted that R.B.I. permitted the Bank to grant moratorium to its customers for Covid pandemic. The O.P. availed moratorium for three months i.e. April 2020 to June-2020. After tenure of installments moratorium instalment with interest has been collected from the Complainant. There is no deficiency on the part of the O.Ps.
3. Perused the documents filed by the Complainant. The O.P. No.1 although in version shown annexure 1 but not submitted the account statement nor the agreement with Complainant. From account statement it reveals that the Complainant has not deposited installments in April 2020 to June 2020. As per statement of O.P. no.1 instalment due No. 12,13 & 14 dated 21.04.2020, 21.05.2020 and 21.06.2020 respectively have not been collected from the Complainant as moratorium provided whereas on 21.06.2020 an amount of Rs. 2109/- has been debited. It shows that an excess amount of Rs. 2109/- has been collected from the Complainant. As the O.P. admitted that Rs. 10,545/-(Moratorium for April 2020 to June 2020+interest) has been collected in additional instalment after completion of tenure of instalment, why Rs. 2109/- during June-2020 was debited failed to explain. In the other hand during April 2020 and May 2020 no amount debited.
4. The O.P. No.1 has collected Rs. 2109/- in excess from Complainant along with interest taking the advantage of his innocency. It amounts to deficiency in service and unfair trade practice.
5. The O.P. No.2 is an agent of O.P. No.1 and reply has been submitted by O.P. No.1 for the Bank.

                 Accordingly, the following order is passed:

ORDER

The complaint is allowed partly on contest against the O.P. No.1. The O.P. No.1 is directed to refund Rs. 2109/- with 12% interest P.A. w.e.f. 21.06.2020 within one month of this order. For deficiency in service and unfair trade practice the O.P. No.1 is to pay Rs. 10,000/- and litigation expenses of Rs. 5,000/- to the Complainant. In case of non payment the entire amount will carry 18% interest P.A, w.e.f. 21.06.2020 till realisation.

      Order pronounced in the open Court today on 3^rd day of July, 2023.

                   Free copies of this order to the parties are supplied.