West Bengal

Siliguri

50/S/2014

RANBIR KHAITAN - Complainant(s)

Versus

1. INDUSIND BANK LTD - Opp.Party(s)

24 Jul 2015

ORDER

Consumer Case No.50/S/2014.

 

 

Mr. Biswanth De, Hon’ble President

 

Order No.18.

Dt.24.07.15.        The case of the complainant is that he purchased a vehicle with a financial assistance of the OP and he paid the regular installment in time.  Bank informed him verbally that a cheque given by him had been lost when the complainant was ill and admitted in Nursing Home.  His vehicle met with an accident and in spite of that his father repaid the installment to the bank.  The complainant further alleges that on 15.11.2010 without giving any intimation the OP credited the entire insurance claim of the repaired vehicle into its own account.  The complainant protested about the matter.  The OP refunded part of the amount after making some deduction.  The bank took custody of the vehicle without any notice.  He delayed in lodging complainant since the OP had assured him verbally that it would look into his problem and provides some solution to him.  Accordingly, he filed this case praying that OP be directed to refund Rs.9,00,000/-, along with compensation.  It is also case of the complainant that his vehicle was in a garage and the garage owner informed the complainant that OP possessed the vehicle on 20.01.2014.  The complainant received a letter of repossession on 28.04.2014.  Hence, this case along with prayer. 

This case has been heard ex-parte. 

The complainant has filed the following documents :-

1.       Receiving letter from IndusInd Bank on dated 19.03.2012.

2.       Forwarded letter to IndusInd Bank, Siliguri on 21.12.2011.

3.       Postal received by post office on dated 22.12.2011.

4.       Documents to show illegal money transfer in IndusInd Bank account of Rs.59,957/- from Cholamandalam Insurance Company. 

5.       Certificate of Registration of Vehicle No.WB-73 B 4384.

6.       Certificate of Insurance of Vehicle No.WB-73 B 4384.

7.       Permit Certificate of Vehicle No.WB-73 B 4384.

8.       Received letter on 02.12.2011 from IndusInd Bank. 

9.       Money receipts of installments paid to IndusInd Bank attached 11 nos. cash receipts.

10.     Bank statement showing withdrawal of money from my bank account for the month of August, September and October.

 

Contd…P/2

-:2:-

 

 

 

11.     Letter to loss caused to fraudulent activities of IndusInd Bank Ltd. causing huge loss.

 

The document filed by the complainant shows that the complainant took loan from the OP and purchased the vehicle.  He was paying the installment, but the OP repossessed the vehicle without giving any intimation to the complainant.

The OP bank did not come to contest the case.  In absence of any evidence to the contrary, the document and statement of the complainant cannot be discarded.  There is nothing on record to disbelieve the complainant.  As such the complainant’s case succeeds ex-parte. 

Complainant has prayed refund of Rs.9,00,000/- and compensation and other reliefs. 

Considering the facts and circumstances, regarding loan taken by the complainant and payment made by the complainant, the document shows that the complainant has paid to the OPs Rs.6,10,000/-. 

Therefore, the complainant is entitled to get the said sum of Rs.6,10,900/- from the OP. 

The vehicle was taken by the OP on 20.01.2014.  The complainant has suffered loss of income from that day. 

Therefore, the complainant is entitled to get interest @ 9% per annum from the date of out possession of the vehicle till the realization of full amount from the OP. 

Since, the OP has compelled the complainant to come before this Forum, the complainant is entitled to get Rs.1,50,000/- towards compensation for his mental pain, agony and harassment. 

The complainant is also entitled to get Rs.10,000/- towards litigation cost.

Hence, it is

                     O R D E R E D

that the Consumer Case No.50/S/2014 be, and the same is allowed ex-parte.

The complainant is entitled to get refund of Rs.6,10,900/- from the OP.

 

Contd…P/3

 

-:3:-

 

 

 

The complainant is also entitled to get interest @ 9% per annum from the date of out possession of the vehicle till the realization of full amount from the OP. 

The complainant is also entitled to get Rs.1,50,000/- towards compensation for his mental pain, agony and harassment from the OP. 

The complainant is also entitled to get Rs.10,000/- towards litigation cost. 

The OP/IndusInd Bank is directed to refund Rs.6,10,900/- by issuing an account payee cheque in the name of the complainant within 45 day of this order. 

The OP/IndusInd Bank is directed to pay interest @ 9% per annum from the date of out possession of the vehicle from the complainant till realization of full amount.

The OP/IndusInd Bank is also directed to pay Rs.1,50,000/- by issuing an account payee cheque in the name of the complainant towards compensation for mental pain, agony and harassment of the complainant within 45 day of this order. 

The OP/IndusInd Bank is further directed to pay Rs.10,000/- by issuing an account payee cheque in the name of the complainant for litigation cost within 45 day of this order. 

Failing which the amount will carry interest @ 9 % per annum from the date of this order till realization.

In case of default of payment as ordered above, the complainant is at liberty to execute this order through this Forum as per law. 

Copies of this judgment be supplied to the complainant free of cost.

 

 

                -Member-                     -Member-                         -President-