BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT

SRI.  P.V. JAYARAJAN                              : PRESIDENT

SMT. PREETHA G. NAIR                           : MEMBER

SRI. VIJU  V.R.                                             : MEMBER

C.C.No. 365/2017  Filed on 26/09/2017

ORDER DATED: 10/03/2022

ORDER

SMT. PREETHA G. NAIR: MEMBER

                        The complainant purchased a Motorolla G4 Mobile phone availing a loan of Rs.14,999/- from the opposite parties.  This loan of Rs.14,999/- has to be repaid to the opposite parties by nine equal monthly installments of Rs.1,667/- per month.  As per terms of agreement of EMI of Rs.1,667/- will be taken from the account maintained by the complainant in HDFC Bank by ECS.  The opposite parties started realizing the EMI from her Bank account from 5^th November, 2016 and was continuing in every month.  But in December 2016 the opposite parties failed to realize the amount in the prescribed date due to reasons best known to them.  During that month they have realized overdue charges also from her bank Account for no fault of her.  During the month of April 2017 the 3^rd opposite party directly collected the EMI in cash from her on 18/04/2017 realizing an overdue charge of Rs.350/-.  The delay in collection was due to their own negligence but she was penalized for their inaction.  In the next month, ie., May 2017 they have taken from account an overdue charge of Rs.350/- along with the EMI of Rs.1,667/-.  The practice of realizing amounts from Bank Account without the complainant’s consent and knowledge continued week after week.  When it came to her notice she had approached the opposite parties with Bank Statement to know the reason for unauthorizedly taking amounts from bank Account.  But they behaved rudely and indecently and sent her back.  Thereafter the opposite parties regularly make telephone calls and threaten her. They threaten that she will be got punished for money cheating and will be imprisoned.  This act of the opposite parties cause heavy tension and mental agony to the complainant.  The opposite parties directly and through telephone calls create troubles to the complainant and her family destroying the peace of mind.  The complainant has visited the office of the opposite parties taking leave from office and together with 8 month old baby to settle the matter.  But the opposite parties shown a negative approach and continue their pressure tactics and harassment.  Hence the complaint. 

                        Opposite parties filed version stating the following contentions.  The complainant had purchased an online product and availed the loan online from the opposite party dated 08/10/2016 for an amount of Rs.14,999/-.  The monthly EMI to be paid is Rs.1,667/- and the contract period is for o9 months.  The complainant had issued ECS Mandate for the repayment of the installments and from the statement of account it is imperative to mention that the installment No.7,8 and 9 got dishonored due to the reason of the “Insufficient Funds” and as a result an amount of Rs.3334/- stands due towards the principle outstanding and an amount of Rs.3,267/- stands due towards the bouncing/late payment penalty charges.  Since the funds were not sufficient in the account of the complainant, the monthly installments got dishonored, further there is no question of the opposite party to deliberately not deducting the EMI from the account.  The complainant was regular in the payment of the monthly installments i.e. installment No:1,2,3,4, and 5 were paid by the complainant on the due date, however, the installment No.6 got dishonored due to the reason of the “insufficient funds” subsequently the said EMI was paid in cash by the complainant on 18^th April 2017.  The opposite party is entitled to collect the legitimate dues from all its customers as per the Reserve Bank of India Policy.  There is no deficiency in service on the part of the opposite party.  The opposite party has acted in a good faith.  However, the complainant would like to capitalize this issue by filing this complaint.        

                        Complainant filed chief affidavit and documents.  Complainant examined as PW1 and cross examined by opposite parties.  Ext.P1 to P2 series marked.  Opposite parties not filed chief affidavit and not produced documents.

                        Issues to be considered are:

1. Whether there is any deficiency in service on the part of opposite parties?
2. If so what is the relief and cost?

            Issue Nos. (i) & (ii) : We perused relevant documents on record.  Ext.P1 is the copy of payment receipt for an amount of Rs.2017/- stated that EMI of Rs.1667/- and overdue Rs.350/-.  The complainant stated that as per the terms of agreement the EMI was Rs,1667/-.  No documentary evidence produced to show the date of payment by both parties.  The complainant stated that 5^th of the each month was date of payment for 9 installments to pay Rs.14,999/-.  In Ext.P2 series the opposite parties had debited Rs.1667/- on 05/11/2016 onwards.  The opposite parties stated that the installment No.7,8,9 got dishonored due to insufficient funds and as a result an amount of Rs.3,334/- stands due towards the principle outstanding and an amount of Rs.3267/- stands due towards the bouncing/late payment penalty charges.  The opposite parties admitted that the complainant had purchased an online product and availed loan online from opposite party.  The copy of agreement is not produced to prove the terms and conditions.  The complainant had deposited the amount in her account.  The opposite parties not produced any evidence to disprove the case of complainant.

In view of the above discussions we find that the acts of opposite parties amounts to deficiency in service. 

In the result the complaint is partly allowed.  We direct the opposite parties jointly and severally liable to pay Rs.5,000/- (Rupees Five Thousand Only) as compensation and Rs.2,500/- (Rupees Two Thousand Five Hundred Only) as cost of the proceedings to the complainant, within one month from the date of receipt of this order.  Failing which the amount except cost shall carry 9% interest from the date of order till the date of payment/realization. 

                        A copy of this order as per the statutory requirements is forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 10^th day of March 2022.

   R

C.C.No.365/2017

          APPENDIX

I           COMPLAINANT’S WITNESS: 

II          COMPLAINANT’S DOCUMENTS:

III         OPPOSITE PARTY’S WITNESS:

               NIL

IV        OPPOSITE PARTY’S DOCUMENTS:

              NIL

                                                        Sd/-

PRESIDENT

R