Chandigarh

DF-II

CC/115/2018

Sadhu Ram Sharma - Complainant(s)

Versus

Axis Bank Limited - Opp.Party(s)

Ram Niwas Sharma Adv. & Prateek Adv.

08 May 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	115 of 2018
Date  of  Institution	:	22.02.2018
Date   of   Decision	:	08.05.2018

 

 

 

 

Sadhu Ram Sharma s/o Sh.Brij Lal, R/o #2077, Sector 28-C, Chandigarh near Nanaksar Gurudwara Sahib, Chandigarh.   

             …..Complainant

Versus

1]  Axis Bank Limited, Corporate Office: Bombay Dyeing Mills Compound, Pandurang Budhkar Marg, Worli, Mumbai through its Managing Director.

2]  Manager, Axis Bank Ltd., Branch Sector 35, Chandigarh.   

   ….. Opposite Parties 

 

BEFORE:  SH.RAJAN DEWAN             PRESIDENT

         MRS.PRITI MALHOTRA             MEMBER 

                               

 

 

Argued by :- Sh.Prateek, Adv. for complainant.

             OPs exparte.

 

 

PER PRITI MALHOTRA, MEMBER

 

         Briefly stated, the complainant availed personal loan of Rs.1.50 lakh from Opposite Party on 9.4.2014 repayable in 24 equated monthly installment of Rs.7489/- each (Ann.C-1) i.e. from 5.5.2014 to 5.4.2016.  It is averred that only two post-dated cheques of the complainant were dishonoured due to non-sufficient funds, but the total amount mentioned in the bounced cheques was deposited by the complainant one in cash and another by cheque.  It is averred that the loan amount was cleared on 2.6.2016 through cash receipt.

         It is averred that during the tenure of 24 months, the Opposite Party No.2 had also charged interest and bouncing charges in the same months and it even charged bouncing charges twice (Ann.C-2 & C-3). Thereafter, the complainant sought ‘No Objection Certificate’ from OPs as there was nothing due against him, but the OPs instead asked the complainant that he had to deposit one installment.  It is submitted that left with no alternative, as the complainant was to take another loan, he deposited the amount of Rs.13,907/- with the OPs, but still the OPs did not issue NOC in his favour.  Then, the complainant sent legal notice and only thereafter the Opposite Party No.2 issued NOC on 22.1.2018 to the complainant but still the excess amount charged by it from the complainant was neither returned nor compensated the complainant (Ann.C-8). Hence, this complaint has been filed alleging deficiency in service and unfair trade practice on the part of OPs.

 

2]       The Opposite Parties did not turn up despite service of notices sent through regd. post on 5.3.2018, hence the OPs No.1 & 2 were proceeded exparte vide order dated 12.4.2018.

 

3]       Complainant led evidence in support of his contentions.

 

4]       We have heard the ld.Counsel for the complainant and have also perused the entire record.

 

5]       It is an admitted case of the complainant that during the loan period, his two installments of Rs.7489/- each, paid through PDC (Post Dated Cheques) were got dishonoured/bounced due to insufficient funds. 

 

6]       The record further reveals that after the expiry of loan period, the OPs issued legal notice to the complainant on 8.8.2016 to clear his loan account as he defaulted in making the regular and timely payment of the loan installments. It is also clear that the complainant cleared his outstanding dues of the loan by making payment of Rs.13,907/- on 26.12.2017 and thereafter, he has admittedly been issued NOC. Since, the complainant himself defaulted in making timely payments of the loan installments, it attracted overdue and other charges; qua which the demand was rightly raised by the OPs. Hence, no deficiency in service is made out against the Opposite Parties. 

 

7]       From the above discussion, we are of the opinion that no case of deficiency in service is made out against the OPs. Therefore, the complaint being devoid of any merit, is hereby dismissed with no order as to costs.

         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

8^th May, 2018                                                                                                                                                                          Sd/-

(RAJAN DEWAN)

PRESIDENT

 

 

 

Sd/-

 (PRITI MALHOTRA)

MEMBER