BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.

Consumer Complaint No. 661 of 2017

Date of Institution:19.9.2017

Date of Decision: 5.2.2019  

Guriqbal Singh S/o Charan Jeet Singh R/o House No. 2186, Nathuana Gate, Amritsar 143115 - 988812741

Complainant

Versus

Axis Bank Branch office Village Janian District Amritsar through its branch manager

Opposite Party

Complaint under section 11 , 12 & 13 of the Consumer Protection Act, 1986

 Present : For the complainant :         None

                For the opposite party : Sh.Vivek Vermani,Advocate

Coram:

Sh. Charanjit Singh, President

Mr.Anoop Sharma,  Member        

Ms. Rachna Arora, Member

Order dictated by:

Sh. Charanjit Singh, President

1.       Guriqbal Singh complainant has brought the instant complaint under section 11 , 12 & 13 of the Consumer Protection Act, 1986 on the allegations that the complainant approached the opposite party for a home loan for which opposite party got returns of three years  and also got blank cheque from the complainant. For the said purpose complainant was to open an account in his name. The complainant told the opposite party to open the joint account in the name of the complainant and his wife but the opposite party opened two accounts in the name of the complainant and his wife separately bearing No. 917010043605435 in the name of complainant and account No. 917010043526947 in the name of his wife Smt. Narinder Kaur. The complainant gave
Rs. 30000/- for depositing the same in his account and the opposite party deposited Rs. 15000/- each in both the said accounts and got some papers signed from the complainant which were in English language which was not read over to the complainant  as the complainant does not know
English and he only knows Punjabi. On 22.6.2017 the complainant received two ATMs through speed post out of which one was for the complainant and the other was of his wife Narinder Kaur. The opposite party only sent ATM cards and did not send Pin code numbers of the ATMs of complainant or his wife. The complainant received two messages on 27.7.2017  from the opposite party informing the complainant that Rs. 569/- each has been deducted from the accounts of the complainant and his wife. The opposite party deducted Rs. 5900/- out of the cheque issued by the complainant of HDFC Bank bearing No. 000015. The complainant completed all the necessary formalities for the grant of home loan from the opposite party and further more the opposite party deducted the abovesaid amounts from the accounts of the complainant and his wife and inspite of all this the opposite party has not sanctioned the home loan  in favour of the complainant  and as such the opposite party has indulged in unfair malpractice and have provided deficient services to the complainant. The complainant is a patient of diabetes and high blood pressure and is getting treatment from the Civil Hospital Tarn Taran  which the opposite party has full knowledge  but inspite of that opposite party unnecessarily harassed the complainant and thereafter refused to sanction the home loan due to which the health problems of the complainant have been aggravated . Vide instant complaint, complainant has sought for the following reliefs:-

(a)     Opposite party be directed to release the abovesaid amounts of  Rs. 7038/- alongwith interest prevalent in the market in favour of the complainant which is illegally deducted by the opposite party;

(b)     Opposite party be also directed to pay compensation to the tune of Rs. 50000/- alongwith litigation expenses to the tune of Rs. 3500/- may also be awarded to the complainant.

Hence, this complaint.

2.       Upon notice, opposite party appeared and filed written version in which it was submitted that  complainant alongwith her wife approached the opposite party for opening saving accounts with the opposite parties and all the formalities regarding the same were duly informed to them. Complainant completed the formalities for opening of saving account and gave saving account form dated 7.6.2017 duly filled and signed by him. The contents of the same were read over and explained to him in Punjabi and he signed the same after admitting the same to be correct and binding upon him. Simultaneously wife of the complainant Smt. Narinder Kaur also completed the formalities for opening of saving account and gave saving account form dated 7.6.2017 duly filled and signed by him. The contents of the same were read over and explained to him in Punjabi and he signed the same after admitting the same to be correct and binding upon her. The ATM/Debit card was dispatched to both the applicants and pin of the same was to be sent separately by central team of the opposite party. As a matter of precaution to safe guard the interest of the customer, both ATM card/debit card and PIN of the same is not provided in one go and is provided in different tranches .  Firstly debit card of the respective account  dispatched to the complainant and his wife which were duly delivered to them. Thereafter the PIN with respect to Debit cards was sent at their registerd address through postal department on 28.7.2017 vide registered post. The complainant deposited cash amounting to
Rs. 15000/- on 13.6.2017 at the time of opening the saving account and started using the said saving accounts. On the other hand Smt.Narinder Kaur wife of the complainant also deposited cash amounting to  Rs. 15000/- on 12.6.2017 at the time of  opening of saving account and started using  the said saving account. The amount of Rs. 590./- was deducted from both the accounts on account of debit card charges. This amount of Rs. 590/- includes debit card charges and taxes as applicable. The amount is deducted as per norms and procedures and was duly informed to the complainant and his wife Narinder Kaur at the time of opening of account. The complainant  and her wife also applied a housing loan from the opposite party. All the formalities for availing loan was duly communicated to both of them and they have provided documents for processing the same. Both of them have provided photocopies of PAN card of Guriqbal Singh,ID proofs, Income tax returns and account statement of HDFC Bank, copy of sale deed/transfer deed , receipts issued by Municipal Council, Jandiala and approved Map. Alongwith that the complainant and her wife had also given cheque amounting to Rs. 5900/- towards processing fee. It is pertinent to mention here that the said processing fee is non refundable  and this fact was duly communicated to the complainant and her wife at the time of applying loan  and the same is also mentioned in “Application for Asset Power Loan” duly signed by both complainant and his wife. At the time of processing the loan the conduct of the complainant was not found satisfactory as per CIBIL report generated/CIBIL rating/Previous multiple defaults with other bank/loan obligations with other banks/ financial institutions and as per the policy of the Axis Bank the loan is rejected and the same is communicated  to the complainant vide letter dated 24.7.2017, courier receipt dated 26.7.2017 is also attached. On merits, similar pleas have been taken by the opposite party, as such there is no need to reiterate the same.

3.       In his bid to prove the case complainant tendered into evidence his duly sworn affidavit Ex.C-1, copy of prescription slip Ex.C-2, copy of cheque Ex.C-3, copies of letters Ex.C-4 to Ex.C-10 and closed his evidence.

4.       To rebut the aforesaid evidence Sh. Vivek Vermani,Adv.counsel for the opposite party tendered into evidence affidavit of Sh.Nipun Khanna,Manager Ex.OP1/A alongwith documents Ex.OP1 to Ex.OP12 and closed the evidence on behalf of the opposite party.

5.       We have heard the opposite party and have carefully gone through the record on the file. However, none appeared on behalf of the complainant but in the interest of justice we have also gone through the pleadings of the complainant.

6.       From the appreciation of the facts and circumstances of the case, the case of the complainant is that becomes amply clear that for obtaining housing loan complainant approached the opposite party and on the asking of the opposite party the complainant opened saving bank account in his name bearing No. 917010043605435 and also in the name of his wife Narinder Kaur bearing account No. 917010043526947. The complainant  also deposited 15000/- each in both the saving bank accounts . The complainant also received two ATMs which was sent by opposite party through speed post.  It was the case of the complainant that the opposite party only sent ATM cards and did not send Pin code numbers of the ATMs of complainant or his wife.  However, the complainant received two messages on 27.7.2017  from the opposite party informing the complainant that Rs. 569/- each has been deducted from the accounts of the complainant and his wife. The opposite party deducted Rs. 5900/- out of the cheque issued by the complainant of HDFC Bank bearing No. 000015. The complainant completed all the necessary formalities for the grant of home loan from the opposite party and further more the opposite party deducted the abovesaid amounts from the accounts of the complainant and his wife and inspite of all this the opposite party has not sanctioned the home loan  in favour of the complainant  and as such the opposite party has indulged in unfair malpractice and have provided deficient services to the complainant.

7.       On the other hand the opposite party admitted that they opened they opened the saving bank accounts of the complainant and his wife Narinder Kaur . It was submitted that the complainant and his wife after admitting the contents of the saving account form dated 7.6.2017 duly filled and signed the same  and the contents of the same were read over and explained to the complainant and his wife. The ATM/Debit card was dispatched to both the applicants and pin of the same was to be sent separately by central team of the opposite party. Thereafter the PIN with respect to Debit cards was sent at their registered address through postal department on 28.7.2017 vide registered post.  It was admitted that complainant deposited Rs. 15000/- each in both the saving bank accounts on 12.6..2017. It was submitted that the amount of Rs. 590./- was deducted from both the accounts on account of debit card charges which included debit card charges and taxes as applicable and the same has been  deducted as per norms and procedures and was duly informed to the complainant and his wife Narinder Kaur at the time of opening of account. The complainant  and her wife also applied a housing loan from the opposite party. All the formalities for availing loan was duly communicated to both of them and they have provided documents for processing the same. Both of them have provided photocopies of PAN card of Guriqbal Singh,ID proofs, Income tax returns and account statement of HDFC Bank, copy of sale deed/transfer deed , receipts issued by Municipal Council, Jandiala and approved Map. Alongwith that the complainant and her wife had also given cheque amounting to Rs. 5900/- towards processing fee.. The said processing fee is non refundable  and this fact was duly communicated to the complainant and her wife at the time of applying loan  and the same is also mentioned in “Application for Asset Power Loan” duly signed by both complainant and his wife. At the time of processing the loan the conduct of the complainant was not found satisfactory as per CIBIL report generated/CIBIL rating/Previous multiple defaults with other bank/loan obligations with other banks/ financial institutions and as per the policy of the Axis Bank the loan is rejected and the same is communicated  to the complainant vide letter dated 24.7.2017, courier receipt dated 26.7.2017 is also attached.

8.       From the appreciation of the facts and circumstances of the case, it was not denial the fact that complainant while applying housing loan got opened saving bank account in his name as well as in the name of his wife bearing account No. 917010043605435 and account No. 917010043526947. It was also not denial the fact that complainant deposited  Rs. 15000/- each in both the abovesaid saving bank accounts. It was admitted by the complainant that he received two ATM cards through speed post . However, the complainant has submitted that no PIN code was sent by the opposite party. On the other hand the opposite party has submitted that PIN card with respect to debit cards was sent through registered post . The case of the complainant  is that the amount deducted by the opposite party to the tune of Rs. 569/- each  from the saving bank account is illegal . But we are not agreed with this contention of the complainant as the opposite party has deducted the  said amount  of Rs. 569/- each from the saving bank account as debit cards  charges as per norms  of the bank and there is no illegality in deducting this amount . The second point under consideration is that the opposite party has not sanctioned housing loan and has also not refunded the processing fee. But , however, the housing loan was rejected by the bank as while sanctioning of loan report of CIBIL is required . However, the conduct of the complainant was found not satisfactory as per CIBIL report , as such the loan was rejected by the opposite party. Even otherwise also,  the complainant cannot compel opposite party to grant him the credit facility even though he has completed all the formalities because it is prerogative of the bank to grant the loan or not. Reliance in this connection can be on I(1993) CPJ II (NC) Ashok Prabhakar Vs. SBI wherein it has been held that  it is for the bank and financial institution to decide whether to assist any individual with term and working capital loans. If in their judgement they find that a party is not credit worthy or the project proposed to be financed is un viable, it cannot be mentioned that the refusal to finance the unit constitute deficiency in banking services. Further reliance can be  had on III(1993) CPJ 322 (NC) wherein it has been laid down that the banks have considerable discretion in the matter of sanction of loan etc. As the opposite party incurs  the expenses and the same  are taken from the customer as processing fee/administration charges which are non-refundable and the complainant was very much aware about non refunding the processing fee as he was told by the officials of the opposite party while opening the saving bank account and while filling the form for obtaining housing loan which was signed by the complainant himself , copy of which is Ex.OP7 on record.

9.       Keeping in view all these factors in view the complaint filed by the complainant is not at all maintainable. As such instant complaint fails and the same is ordered to be dismissed. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room.