West Bengal

Siliguri

CC/2013/94

PRADIP DEBNATH, - Complainant(s)

Versus

AXIS BANK LTD., - Opp.Party(s)

24 Sep 2015

ORDER

IN THE COURT OF THE LD. DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT S I L I G U R I.

CONSUMER CASE NO. : 94/S/2013.                DATED : 24.09.2015.                 

BEFORE  PRESIDENT              : SRI BISWANATH DE,

                                                              President, D.C.D.R.F., Siliguri.

 

 

                      MEMBER                : SMT. PRATITI  BHATTACHARJEE.

                                                             

COMPLAINANT              : PRADIP DEBNATH,

                                                              C/O Subhash Ghosh,

                                                              Medical College More,

                                                              Kakhyakhri, Sustranagar,

                                                              PIN  – 734 012, 9749390022.

                                                                

                                                       

         O.P.                      : AXIS BANK LTD.,

                                                              Asset Sales Centre,

  Spectrum House,

  2^nd Floor, Reear Portion,

  Sevoke Road, Darjeeling,

  Siliguri – 734 001.

                       

                                                                                                                                                                                                           

FOR THE COMPLAINANT         : Self.

 

J U D G E M E N T

Mr. Biswanth De, Hon’ble President      

 

The complainant’s case in brief is that complainant took a vehicle at the cost of Rs.2,66,508/-.  He took loan from the Axis Bank.  EMI was fixed Rs.5,632/- every month.  Loan Account No. ......... 000525.  He also opened an account in Axis Bank.  From that account he paid EMI.  From November, 2010 he changed his bank for payment of loan.  He connected the loan account with SBI, North Bengal campus.  He paid 30 PDC cheque and made active the SBI account.  He then went to Baharampur, but the agent of the Axis bank took EMI from him.  Then six-seven months without his permission, Axis bank deducted the EMI from

 

Contd……P/2

-:2:-

 

 

another account from another account in Axis bank bearing No..............9306.  The said Axis bank took EMI Rs.5,632/- sometimes EMI of Rs.11,000/-, sometimes Rs.11,360/-.  Such different amount of EMI caused mental depression of the complainant.  Thereafter, complainant requested to deduct the EMI from account no......9306.  But from the month of May, 2013, they did not send cheque to that account.  In this way, 35 PDC cheques were bounced.  Accordingly, the complainant is very anxious with his loan account.  Accordingly, it is prayed to relief from his mental anxiety.  It appears from the above complaint that PDC bouncing charge as given him has caused his mental disturbance from which he intends to get relief.  He also prays relief for compensation and cost. 

The OP bank contested the case by filing written version denying inter-alia all the material allegations as raised by the complainant.  The point on which the relies is that the complainant has never maintained the loan account properly and thus has been charged by bouncing charges and late payment charges as per bank’s norms guided by the Reserve Bank of India.  It is also stated that complainant did not maintain sufficient balance either in account no......234 or No......306.  The complainant has expressed his concern only for cheque bouncing charge.  Even the statement filed by the complainant is suffice that he never maintained EMI amount in the account either Account No.....234 or Account No........306, yet the OP has waived of the bouncing charges amounting Rs.562/- per month for the month of March and April, 2013.  The OP also stated that being a financer organization, wanted to settle the dispute in the instant case to help the complainant.  The OP also waived all the cheque bouncing charges from the shoulders of the complainant till 30.11.2013 (vide para- 17 & 18).  The OP has also waived all late payment charges till 30.11.2013.  The OP requested the

 

Contd……P/3

-:3:-

 

 

complainant to come their office for updating his account in SI mode for account No......306 for payment of rest EMIs.  The complainant further needs to pay sum of Rs.33,751/- as installment overdue and a sum of Rs.1,911/- till 01.02.2014 to regulate his loan account with future monthly installment till 01.01.2015.  Accordingly, it is prayed to dismiss the present case with a direction to the complainant to pay outstanding amount and regularize the present account for the ends of justice.

 

Points for consideration

 

1.       Whether there is any deficiency in service or unfair trade practice on the part of the OP?

2.       Is the complainant entitled to get any relief as prayed for ?

 

Decision with reason

 

To prove the case the complainant has filed the following documents :-

1.       Mail copy.

2.       Loan A/C statement.

3.       Loan A/C statement of way off. 

 

OP has filed some statement of A/C in the name of the complainant. 

Complainant did not file any evidence-in-chief.

But OP has filed evidence-in-chief.

 

From the petition and documents it appears that complainant took loan from OP and made agreement with OP to pay the loan with interest by PDC.  Initially, complainant paid EMI regularly but later on he floated from one bank to another bank and did not take care properly and as per term of the agreement he maintained flow up loan account timely.  The

 

Contd……P/4

-:4:-

 

 

complainant used two-three accounts for payment of loan.  The EMI could not be sent to the Axis bank regularly.  The Axis bank imposes late fine charge on the EMI amount.  But the OP waived the late payment charge.  Even OP has waived the interest of late payment and invited the complainant to come and pay the due amount.  But the complainant did not accept the proposal of the bank.  The OP stated that they have waived the cheque bounced charge and late payment charges till 30.11.2013.  By letter dated 03.02.2014 the OP requested the complainant to update the SI mode of the account no.  .....306 for payment rest of the EMIs, but the complainant did not meet with the OP to regularize the loan amount and to pay installment till 01.01.2015.  Regarding the payment and clearance of due loan, the complainant did not make any whisper in his petition and complainant did not submit neat payment statement and future payable amount of money to the OP.  The complainant’s evidence is very short and in sufficient to prove any allegation against the bank authorities.  Rather, the complainant obtained facilities from Axis bank who waived the cheque bounced charges and late fee for payment of due cash.  Even the complainant did not show neat payment of money by him to the OP. 

On the premise above after considering the case of both sides, we are of opinion that the complainant failed to prove the case of negligency by the OP.

In the result, the case fails.

Hence, it is

                    O R D E R E D

that the Consumer Case No.94/S/2013 is dismissed on contest, but without cost.                          

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