Chandigarh

DF-I

CC/408/2015

Tejinder Singh - Complainant(s)

Versus

Axis Bank Ltd. - Opp.Party(s)

In person

22 Jul 2016

ORDER

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

============

Consumer Complaint  No	:	CC/408/2015
Date  of  Institution	:	01/07/2015
Date   of   Decision	:	22/07/2016

 

 

 

 

 

Tejinder Singh S/o S. Teja Singh, resident of House No.2516/A, Sector 47-C, Chandigarh.

 

 …………… Complainant.

VERSUS

 

1.   Axis Bank Limited, having its Registered Office at TRISHUL, Third Floor, Opp. Samartheshwar Temple, Near Law Garden, Ellisbridge, Ahmadabad – 380006, through its Managing Director.

 

2.   Axis Bank Limited, SCO 350-352, Second Floor, Sector 34-A, Chandigarh, through its Branch Manager.

 

……………  Opposite Parties

 

BEFORE:    DR.MANJIT SINGH            PRESIDENT

           MRS.SURJEET KAUR           MEMBER

SH.SURESH KUMAR SARDANA    MEMBER

 

For Complainant	:	Sh. Harneet Singh Saini, Advocate.
For Opposite Parties	:	Sh. Deepak Jain, Advocate.

 

PER SURESH KUMAR SARDANA, MEMBER

 

 

          The succinct facts of the present Complaint are that the Complainant had taken a car loan of Rs.6,50,000/- from the Opposite Parties vide Agreement No.AU0410100042941, which was to be re-paid in 84 EMIs of Rs.11,361/- from 28.03.2008 to 20.02.2015. The installments were to be directly deducted from the Saving Bank Account No.2669101000959 of the Complainant maintained with the Canara Bank, Sector 47, Chandigarh through Electronic Clearing System. It has been averred that the Complainant was maintaining sufficient balance in his aforesaid account for the smooth clearance of EMIs. When after the completion of the period of loan, the Complainant went to the Opposite Parties to take NOC, the same was refused on the ground of non-payment of dues of Rs.4,538/- for the delayed payment of two EMIs. On confronting, the Opposite Parties provided the reason of ‘Non Existing Account’ of the Complainant. It has been alleged that the Opposite Parties had mentioned his wrong account number while presenting the Cheques and thus, tried to hold him responsible for their own fault. Since the balance in the aforesaid account of the Complainant was always surplus and never short of funds during the payment period of the loan installments and was regularly and continuously operational, he wrote letters to the Opposite Parties for the issuance of NOC. However, the Opposite Parties remained adamant and disclosed that only upon full payment of the charges, the loan account of the Complainant would be closed and NOC would be generated. With the cup of woes brimming, the Complainant has filed the instant consumer complaint, alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties.

 

2.      Notice of the complaint was sent to Opposite Parties seeking their version of the case.

 

3.      Opposite Parties, in their reply, while admitting the basic facts of the case have pleaded that Account No. and Bank details are automatically feeded in System at the time of activation of ECS and are not changed thereafter, except where there is request by loan applicant. Same details are sent every month and as such there is no possibility of filling the wrong account number by the Opposite Parties. The dishonor of any ECS as such cannot be attributed to Opposite Parties as same has to be honoured by the Banker of the Complainant. It has been asserted that as per their records of the answering Opposite Parties an amount of Rs.4,538/- was due in Complainant’s accounts, due to which the loan account could not be closed. All other allegations made in the Complaint have been denied and pleading that there was no deficiency in service on their part, Opposite Parties have prayed for dismissal of the complaint.

 

4.      The complainant has filed a replication, wherein he has reiterated all the averments, contained in the complaint, and repudiated those, contained in the written version of Opposite Parties.

 

5.      Parties were permitted to place their respective evidence on record, in support of their contentions.

 

6.      We have heard the learned counsel for the Parties and have perused the record.

 

7.      On perusal of the Annexure C-2 (colly) placed by the Complainant, we find that there was a clerical error in mentioning the account number of the Complainant on the ECS, hence bouncing of the Cheques took place. Taking into consideration the totality of the facts and circumstances of the case, we have no hesitation to hold that the Opposite Parties were not within their rights in deducting the bouncing charges of Rs.227/- and Rs.227/- totalling Rs.454/-. Thus, we are of the concerted opinion that Opposite Parties have failed to provide proper service to the Complainant, which has certainly caused immense mental and physical harassment to the Complainant.  

 

8.      In the light of above observations, we are of the concerted view that the Opposite Parties are deficient in giving proper service to the complainant. Hence, the present complaint of the Complainant deserves to succeed against the Opposite Parties, and the same is partly allowed, qua them. The Opposite Parties are directed to:-

 

[a]  To refund Rs.454/- to the Complainant wrongfully deducted by the Opposite Parties on account of bouncing charges;

 

[b]  To issue ‘No Objection Certificate’ to the Complainant, if not issued;

 

[c]  To pay Rs.3,000/-on account of deficiency in service and causing mental and physical harassment to the Complainant; 

 

[d] To pay Rs.2,000/- as cost of litigation;

 

9.      The above said order shall be complied within 30 days of its receipt by the Opposite Parties; thereafter, they shall be liable for an interest @12% p.a. on the amounts mentioned in sub-para [a] & [c] above, from the date of institution of this complaint, till it is paid, besides complying with the directions in sub-para [b] & [d] above.

 

10.      Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

22^nd July, 2016                                         

Sd/-

[DR.MANJIT SINGH]

PRESIDENT

                                               

Sd/-

[SURJEET KAUR]

MEMBER

 

      Sd/-                        

[SURESH KUMAR SARDANA]                                                                                                   

“Dutt”                                                                           MEMBER