Complaints filed on: 23-02-2024
Disposed on: 26-07-2024
BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, TUMAKURU
DATED THIS THE 26th DAY OF JULY, 2024
::P R E S E N T::
SMT.G.T.VIJAYALAKSHMI, B.Com, L.L.M, ….....PRESIDENT
SMT.NIVEDITA RAVISH, B.A., L.L.B. (Spl).,.. .LADY MEMBER
CONSUMER COMPLAINT No. 32/2024
Sri.Dharmaraju S.R.
S/o. Rangappa, Aged about 49 years,
Working as Assistant Master,
Government Lower Primary School,
Resident at SADARAHALLI Village,
Dabbegatta Hobli, Turuvekere Taluk,
Tumakuru District.
……….Complainant
(Sri. G.K.Srinivasa, Advocate.,)
V/s
-
-
Opp. Samartheswara Temple,
Law Garden, Illis bridge,
Ahmedabad, Gujarath State, ……….. Opposite Party No.1
-
Axis Bank Ltd,
Branch Office, B.H.Road,
Tumkuru City.
……….. Opposite Party No.2
(Opposite Party No.1 and 2: absent)
::O R D E R ::
SMT.NIVEDITA RAVISH, LADY MEMBER
This complaint filed by the complainant Under Section 35 of Consumer Protection Act, 2019 against the opposite parties to issue the direction to pay sum of Rs.89,423-00 with interest @ 18% p.a. from 05-09-2023 till realization and to pay sum of Rs.5,00,000-00 towards compensation with interest @ 18% p.a. from the date of complainant till realization.
2. The OP.No.1 is the Axis Bank Ltd, Ahmadabad, Gujarat State (here in after called as OP.No.1) and the OP.No.2 is the Branch Office of OP.No.1 in the Tumkuru represented by the Bank Manager ( herein after called as OP.No.2).
3. The case of the complainant is that, the complainant has approached OP.No.2 for obtaining loan to purchase tractor and considering the same OP.No.2 had granted loan amount of Rs.4,13,390-00 vide agreement No.LNR000906541593, further the complainant agreed to pay sum of Rs.89,423-00 on every month towards the loan amount. Out of the said loan amount, the complainant purchased new tractor Massey Ferguson on 21-09-2021 and same was registered before the RTO Tipatur vide Regd No. KA-44-TA-5209. The complainant had paid every EMI regularly and by willing to settle the loan amount at one time settlement discussion are made with OP.No.2 and the complainant paid total amount of Rs.4,00,000-00 towards discharge of entire loan amount on 23-06-2022. Considering the same OP.No.2 had issued clearance to the RTO Tipatur for releasing the Hypothecation. After cancellation of hypothecation on the complainant sold the said vehicle to one Devaraj resident of Kadasur Village. While the time of availing loan, the complainant had furnished 4 numbers of blank signed cheques, the same were in the custody of OP.No.2 and at the time of discharging the loan, the OP.No.2 has promised to return the said cheques. But without returning the cheques, the OP.No.2 has presented one cheque illegally on 05-09-2023 and got transferred a sum of Rs.89,423-00 from the bank account of the complainant without his knowledge and also send the legal notice to the complainant for recovery of outstanding loan amount of Rs.4,07,701-00. Hence this complaint.
4. After issuing of notice by this Commission, the OP No.1 and 2 not appeared before this Commission and remained absent.
5. The complainant filed his affidavit evidence with 17 (seventeen) documents which are marked as Ex.P-1 to Ex.P-17.
6. We have heard the arguments of the counsel for the complainant and peruse the evidence, documents and points would arise for determination as follows:
- Whether the complainant proves deficiency in service on the part of OP No.1 & OP No.2?
- Is complainant is entitled to the relief sought for?
- Our findings on the aforesaid points are as under:
Point No.1: In the partly Affirmative,
Point No.2: As per final order for the below
:R E A S O N S:
8. Point No.1:-The counsel for the complainant has argued that, the complainant had approached OP.No.2 for obtaining the loan to purchase tractor and OP.No.1 has granted a sum of Rs.4,13,390/- on 21-9-2021. Further complainant purchased the vehicle and registered the same before the RTO, Tipatur vide Regd No.KA44-TA-5209. Ex.P-17/copy of tractor loan reflecting that the loan account No as LNR000906541593, amount sanctioned Rs.4,13,390/- rate of interest 16%. Tenure 36 months, repayment schedule half yearly, installment amount Rs.89,423/-. Further annexure of Ex.P-17 also reflecting details about hypothecated tractor as, Male and Model- TAFE MF 1035di40hp year of Manufacuture-2024, Engine No.S3371B59084 Chasis No.MEA 661E50M2360287. Further counsel for the complainant has argued that, the complainant has been paid the monthly installment regularly to the OP.No.2 without fail and after discussion with official of OP.No.2, the complainant paid total loan amount of Rs.4,00,000-00, in one time settlement for discharge of entire loan amount on 23-06-2022. The annexure of Ex.P-7/copy of receipt, reflecting that, the OP.No.2 has issued receipt for Rs.4,00,000/- on 23-06-2022.
9. Further counsel for the complainant has contended that after receiving the entire loan amount the OP.No.2 has issued clearance certificate to the RTO Tipatur, for releasing the hypothecation. To prove the same the complainant produced the Ex.P-14/copy of No objection certificate, annexure of Ex.P-13/copy of form section 67 issued by OP.No.2. Ex.P-14 clearly reflecting about termination of loan agreement number LNR000906541593 and it also revealing that the OP.No.2 has requested to the RTO Tipatur, to remove the hypothecation of OP.No.2 on the said vehicle. Further Ex.P-14 also reflecting details of vehicle which was terminated by hypothecation as, vehicle Registration Number- KA-44-TA-5209, Engine number S3371B59084, Chasis Number MEA661E5DM2360287. Further Ex.P-12/copy of commercial vehicle no dues certificate issued by the OP.No.2 produced by the complainant has also establishing that the complainant was successfully completed the repayment of loan amount. Further counsel for the complainant has submitted that, they had furnished 4 numbers of blank signed cheques to the OP.No.2 while in the time of obtaining the loan. Though after repayment of entire loan amount, the OP.No.2 has transferred an amount of Rs.89,423-00 on 05-09-2023 through those cheques which were presented before OP.No.2 at the time of obtaining the loan. Ex.P-17 produced by the complaint establishing that, the complainant has handover the 4 cheques in number for the security. Those are cheque number S614770, 614771, 614772, 614774 and Ex.P-17 has also reflecting that name of the Drawee Bank as “State Bank of India” with MICR Sort Code (9digit) as, 572002040. Ex.P-8/copy of the bank account statement reflecting that, the bank account with MICR Sort code 572002040 and it was bank account of the complainant in State Bank of India and Rs.89.423/- was debited from the account on 05-09-2023. Further, Ex.P-17, under the head of “For structured cases showing EMI amount as Rs.89,423/- in installment number 4 and showing due date on 5-9-2023. Hence it establishing that the OP.No.2 has deducted the EMI amount of Rs.89,423 on 05-09-2023 and OP.No.2 has not appeared before this Commission for denying the same.
10. Further the counsel for the complainant has argued that, though the OP.No.2 has withdrawn an amount of Rs.89,423-00 without the knowledge of complainant and after closing the loan account of the complainant, the OP.No.2 has sent legal notice to the complainant on demanding to pay the outstanding loan amount of Rs.4,07,701-00. Ex.P-3/copy of legal notice sent by the OP.No.2 and produced by the complainant proves the same. As per annexure of Ex.P-7 the complainant paid Rs.4,00,000-00 to OP.No.2 on 23-06-2022, Ex.P-12 establishing OP.No.2 has issued no due certificate on 19-07-2022, Ex.P-8 reflecting the OP.No.2 has drawn EMI of Rs.89,423/- from the account of the complaint on 05-09-2023 and Ex.P-3 proves that the OP.No.2 has sent legal notice to the complainant for payment of dues amount of Rs.4,07,701-00 on 27-09-2023. It is establishing that the OP.No.2 has deducted the EMI amount and sent legal notice for payment of due amount, though after complainant has paid the entire loan amount and received no due certificate from the OP.No.2. This act of the OP.No.2 is amounts to deficiency in service on the part of the OP.No.2 and being the higher authority, the OP.No.1 also liable for the deficiency in service of the OP.No.2. Therefore the OP.No.1 and 2 are jointly and severally liable to pay Rs.89,423-00 with interest @ 8%p.a. from 05-09-2023. (i.e., date of deducting of EMI from complainant account) till realization to the complainant. Further the complainant has prayed Rs.5,00,000-00 as compensation. But the complainant has failed to produce any document to show that he has eligible for the compensation of Rs.5,00,000-00. But considering the mental agony caused by deficiency in service of the Op.No.1 and 2, the OP.No 1 and 2 are jointly and severally liable to pay the compensation of Rs.10,000-00 to the complainant. Further the OP.No.1 and 2 are compelled the complainant to approach this Commission. Hence OP.No.1 and 2 are jointly and severally liable to pay litigation cost of Rs.8,000-00 to the complainant. Accordingly, we proceed to pass the following:-
:O R D E R:
The complaint filed by the complainant is allowed in part with cost against OP.No.1 and 2.
It is directed that the OP.No.1 and 2 are jointly and severally shall pay Rs.89,423-00 with interest @ 8 %p.a. from 5-9-2023 till realization to the complainant.
Further it is directed that the Op.No.1 and 2 are jointly and severally to pay the compensation of Rs.10,000-00 and litigation cost of Rs.8,000-00 to the complainant.
Further it is directed that the OP.No.1 and 2 are comply the above order within the 45 days from the date of receipt/knowledge of this order.
