Ex-PARTE O R D E R
PER SHRI. S. G. CHABUKSWAR – HON’BLE MEMBER
1) This is a complaint for the reliefs of recovery of Rs.1,14,391/- paid by the Complainant to the hospital and doctors, compensation Rs.1,50,000/- for mental agony and Rs.25,000/- cost of the complaint.
2) The case of the Complainant in short is as under –
The Complainant is the businessman residing at Andheri (West), Mumbai – 400 053. The Complainant had availed personal loan Rs.2,50,000/- from UTI Bank Ltd.,(Now take over by the Opposite Party Axis Bank Ltd.). The said loan was sanctioned by UTI Bank Ltd. on 22/10/2003. The loan account of the Complainant was bearing No.004010600027052. The Complainant was paying loan as per terms and conditions of the agreement. The balance outstanding payable to the Opposite Party then UTI Bank Ltd. by the Complainant was around Rs.1,50,000/-alongiwth interest as on 30/09/2006. The Complainant had approached to the Opposite Party then UTI Bank Ltd. for the payment of entire loan amount and accordingly sought a letter from the said bank. Thereafter on 19/10/2006 Opposite Party then UTI Bank Ltd. issued letter to the Complainant and asked for payment of Rs.1,60,000/- towards full and final settlement by way of two installments of Rs.80,000/- each one by 27/10/2006 and second by 27/11/2006. The Complainant has paid to the then UTI Bank Ltd. entire amount Rs.1,60,000/- vide pay order No.052288, dtd.31/10/2006 for Rs.80,000/- drawn on HDFC Bank Ltd., Versova Branch, Mumbai – 400 053 and vide pay order No.008762, dtd.28/11/2006 for Rs.80,000/- drawn on Kotak Mahindra Bank, J.B. Nagar branch, Mumbai – 400 059. The Opposite Party then UTI Bank Ltd. issued separate receipts of said amount dtd.31/10/2006 and 29/11/2006. The then UTI Bank Ltd. has also issued confirmation letter to the Complainant stating that they have received full and final settlement of all their dues of personal loan account of the Complainant on 29/11/2006.
3) The further case of the Complainant is that after six years of the full and final settlement he received call from the Axis Bank Ltd. stating that, they have taken over UTI Bank Ltd. and Rs.2,52,869/- is due against the Complainant. on 16/08/2012 Opposite Party through their advocate Shri. O.M. Gujar issued notice to the Complainant asking him to settle the dispute by visiting the office of Kapil P. Shetye, advocate. Accordingly on 24/08/2012 the Complainant approached to office of said advocate and shown all the correspondence and he was told that since the matter is closed in November, 2006 now hereafter the Complainant will not receive any such notice. Thereafter, Complainant received notice dtd.04/09/2012 from Mumbai District Legal Services Authority asking him to attend the loknyayalay on 15/09/2012 in pre-litigation Case No.26975/2012. The blood pressure of the Complainant was fluctuating due to above notice during the period September, 2012 to November, 2012. The Complainant was admitted in approved Nursing Home known as Vaidyaratnam Nursing Home, situated at Thaikkattussery, Ollur, Thrissur, from 01/12/2012 to 22/12/2012. The Complainant had undergone all kinds of treatment including blood test, allopathic and non-allopathic. The Complainant spend Rs.99,391/- on his treatment. The Opposite Party issued illegal notices to the Complainant for his harassment on 16/08/2012, 24/08/2013, 11/11/2003, 21/11/2013 and 05/12/2013. The Complainant had informed to the Opposite Party No.2 that he has repaid entire loan amount to the bank but in vain. The Complainant suffered a lot of mental agony. The Opposite Party is guilty of unfair trade practice and deficiency in service. Hence, this complaint.
4) On 26/03/2014 Opposite Party Nos.1 & 2 with response to the notice had appeared in person and prayed for time for filing Vakalatnama and written statement but thereafter they did not turn-up hence, complaint proceeded ex-parte against them by passing order dtd.11/07/2014.
5) The Complainant has filed his affidavit of evidence and written notes of argument. We perused the documents produced by the Complainant. We heard oral argument of Shri. G. Krushna Mohan Nair, Ld.Advocate for the Complainant.
6) The Complainant has deposed in his affidavit of evidence all the facts narrated by him in the complaint. The letter Exh.A filed alongwith the complaint shows that then UTI Bank Ltd. sanctioned the personal loan to the Complainant Rs.2,50,000/- on 22/10/2003. The letter Exh.A/2 dtd.19/10/2006 shows that Opposite Parties then UTI Bank Ltd. after taking into consideration all factors and as a special case, agreed to accept a sum of Rs.1,60,000/- towards the full and final settlement of the personal loan of the Complainant in two installment first of Rs.80,000/- by 27/10/2006 and second of Rs.80,000/- by 27/11/2006. The letter at Exh.A/3 shows that the Complainant through S.P. Purohit has paid to Opposite Party then UTI Bank Ltd. first installment of personal loan Rs.80,000/- by the pay order No.052288 dtd.31/10/2006 and the said bank accepted it and issued receipt which is filed by the Complainant at Exh.A/4. The letter Exh.A/5 shows that the Complainant through S.P. Purohit paid to Opposite Party then UTI Bank Ltd. second installment of Rs.80,000/- by pay order no.008762 dtd.28/11/2006 and the said bank issued receipt of it which is filed by the Complainant at Exh.A/6. On 29/11/2006 Opposite Party then UTI Bank Ltd. certified that the acceptance of above amount is full and final settlement of the account of the Complainant by the letter Exh.A/7. It appears Opposite Party Axis Bank Ltd. takeover UTI Bank Ltd. Thereafter, Opposite Party Axis Bank Ltd. made demand of personal loan amount Rs.2,52,869/- from the Complainant by the notice dtd.16/08/2012. The Opposite Party Axis Bank Ltd. again issued notice to the Complainant and demanded Rs.2,62,234/- by the notice Exh.A/15 dtd.24/08/2013. The notices Exh.A/16 and Exh.A/17 shows that, in the month of September, 2012 and November, 2013 Opposite Party Axis Bank submitted pre-litigation cases against the Complainant therefore, Mumbai District Legal Services Authority issued notices to the Complainant for settlement of dispute before the Loknyayalay which were going to be held on 15/09/2012 and 22/12/2013. The Complainant has submitted an application to the Mumbai District Legal Services Authority on 21/11/2013. The Complainant has informed to the Legal Authority by the said application that he paid the loan amount to then UTI Bank Ltd. by the receipts dtd.31/10/2006 and 29/11/2006 as full and final settlement. Thereafter, on 05/12/2013 Opposite Party Axis Bank Ltd. issued notice to the Complainant and demanded loan amount Rs.2,62,234/-
7) Opposite Party Axis Bank Ltd. by the notice dtd.16/08/2012 asked the Complainant for an amicable settlement and to refer the dispute to Kapil P. Shetye, advocate who would act as a conciliator and date was given to the Complainant for attending conciliation camp at 5/37 Mahalaxmi Building, 1st Floor, Maruti Lane, D.N. Road, Fort, Mumbai on 24th & 25th August, 2012. As per the evidence of the Complainant on 24/08/2012 he had visited to the above advocate and had shown all the correspondence and said advocate told him that the matter is closed in the year 2006 and hereafter Complainant will not receive any such notice. On 24/08/2013 Opposite Party again issued notice to the Complainant and demanded Rs.2,62,234/-. However, Opposite Party has not mentioned in the said notice about the notice dated 16/08/2012 and its further development, visit of Complainant dtd.24/08/2012. On 22/11/2013 the Complainant has submitted to the Mumbai District Legal Services Authority that he repaid entire loan even then Opposite Party issued notice dated 05/12/2013 to the Complainant without mentioning any explanation about the settlement dtd.19/10/2006 and payment receipts dtd.31/10/2006 and 29/11/2006. Opposite Party has not mentioned in the notice dtd.05/02/2012 that, the amount mentioned by the Complainant in receipts dtd.30/10/2012 and 29/11/2012 total Rs.1,60,000/- have not been credited to the account of Opposite Party or then UTI Bank Ltd. The Complainant has paid the amount Rs.1,60,000/- to the Opposite Party then UTI Bank Ltd. by the pay orders and not by cheques therefore, the question of non clearance of pay order or demand draft does not arise. The evidence available on record shows that the Complainant has paid entire loan to the Opposite Party then UTI Bank Ltd. even then Opposite Party Axis Bank made demand of Rs.2,62,234/- from Complainant by issuing notice dtd.05/12/2013. The above evidence of the Complainant remained unchallenged. There is nothing on record disbelieve the said amount.
8) The Complainant comes with the case that after receipt of notices of pre-litigation case dtd.04/09/2009 his blood pressure was fluctuated and due to which he was admitted in the Vaidyaratnam Nursing Home at Thaikkattussery, Ollur, Thrissur from 01/12/2012 to 22/22/2012 for the treatment. The Complainant has produced receipts of payment of bill to the above nursing home. According to the Complainant, he incurred Rs.1,14,391/- on the medical treatment and therefore, Complainant is claiming the said amount from the Opposite Party on the ground that his blood pressure was fluctuated due to notice dtd.04/09/2012. The time gap between the issuance of notice dated 04/09/2012 and taking of treatment as alleged by the Complainant in the month of December, 2012 does not have any relevance for granting the hospital bills as claimed by the Complainant. The Complainant has not produced the prescription or medical case papers about the treatment which he undergone during the period of 01/12/2012 to 22/12/2012. However, the Complainant suffered from mental agony due to the notices of the Opposite Party dtd.16/08/2012, 24/08/2013 and 05/12/2013 therefore, the Complainant is entitled for Rs.10,000/- for mental agony caused to him and cost of Rs.3,000/-. In the result complaint deserves to be partly allowed with cost. Hence, we proceeds to pass following order –
O R D E R
i. Complaint No.20/2014 is partly allowed with cost as under -
ii. Opposite Party Nos.1 & 2 are directed to pay Rs.10,000/- (Rs. Ten Thousand Only) to the Complainant towards mental
harassment caused to him and cost of the complaint Rs.3,000/- (Rs. Three Thousand Only)
iii. Opposite Party Nos.1 & 2 are directed to pay the aforesaid amount to the Complainant within one month from the date
of this order.
iv. Certified copies of this order be furnished to the parties.
