Tamil Nadu

South Chennai

CC/92/2019

Dr. Suresh Prabhakar Kumar - Complainant(s)

Versus

Bajaj Finserv - Opp.Party(s)

M/s R Karthikeyan

12 Dec 2019

ORDER

                                                                                 Date of filing  : 04.04.2019

                                                                                   Date of Order : 12.12.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.92/2019

DATED THIS THURSDAY THE 12^TH DAY OF DECEMBER 2019

                                 

Dr. K. Suresh Prabhakara Kumar,

S/o. Mr. Kumaradas,

100 A Perambur Redhills Road,

Lakshmipuram,

Kolathur,

Chennai – 600 099.                                                        .. Complainant.                         

..Versus..

 

1. The Branch Manager,

Bajaj Finserv,

1^st Floor, S.B. Complex, W115,

3^rd Avenue, Opp. Kandhasamy College,

Anna Nagar,

Chennai – 600 040.

 

2. Mr. Sujin,

Executive,

Bajaj Finserv,

1^st Floor, S.B. Complex, W115,

3^rd Avenue, Opp. Kandhasamy College,

Anna Nagar,

Chennai – 600 040.

 

3. The Branch Manager,

Bajaj Finserv,

Unit Nos.209 & 210, 2^nd Wing,

Raheja Towers,

No.177, Anna Salai,

Chennai – 600 002.                                             ..  Opposite parties.

 

Counsel for the complainant  :  M/s. R. Karthikeyan & another

Opposite parties 1 to 3           :  Exparte

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties 1 to 3 under section 12 of the Consumer Protection Act, 1986 prays to reimburse the amount of Rs.68,000/- with interest at 18% p.a. and to pay a sum of Rs.1,00,000/- towards compensation for mental agony, financial loss and expenses suffered by the complainant with cost of Rs.25,000/- to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that he is a reputed Doctor in the locality.   His wife availed loan of Rs.20,00,000/- vide Loan Account No.403FCL05208184 from the opposite party which was completely closed after due payment without any default.   The 2^nd opposite party, Executive of the 1^st opposite party, considering the promptness in payment of loan compelled to avail another loan of Rs.15,00,000/- for reaching his monthly target in order to have the promotion in his employment and assured that there shall be no processing fees because already the complainant’s wife availed a loan of Rs.20,00,000/- and was cleared without any default.  The 2^nd opposite party, Executive of the 1^st opposite party assured the complainant that for the record purpose interest shall be 11.5%.   The complainant submits that in order to help the 2^nd opposite party, Executive of the 1^st opposite party agreed to avail loan of Rs.15,00,000/- for which, the 2^nd opposite party Executive of the 1^st opposite party without the knowledge of the complainant deducted a huge amount towards processing fees and credited only a sum of Rs.14,81,292/- vide Loan Account No.403DFR34408911.  The complainant without touching the amount re-credited the amount on the very next day.  

2.     The complainant submits that on 20.03.2018, some of the staffs of the opposite party informed that the 2^nd opposite party, Executive of the 1^st opposite party fraudulently started deduction of some amount from the complainant’s Savings Bank Account from the very beginning i.e. immediately after disbursement of Rs.14,81,292/-.  The complainant submits that the opposite parties deducted a sum of Rs.7,379/- on 05.02.2017 and another sum of Rs.227/- by way of interest at the rate of 14.5%  and another sum of Rs.4,425/- towards annual maintenance charges and another sum of Rs.6,042/- on 24.07.2018 and Rs.2,464/- on 02.10.2018 respectively towards interest which is against the guidelines of Reserve Bank of India.  The complainant submits that he gave a closing letter dated:01.11.2017 for which, the opposite party demanded a sum of Rs.19,810/- towards foreclosure charges by way of e-mail on 01.11.2017 for no fault of the complainant.   The complainant submits that the opposite party vindictively without any reason claimed a sum of Rs.89,513.49/- towards foreclosure charges.  The complainant submits that the opposite parties unlawfully collected a sum of Rs.68,000/- from the account of the complainant by way of the said loan.  Even after repeated requests and demands, the opposite parties has not come forward to return the amount deducted from the account of the complainant.   Hence, the complainant issued legal notice dated:13.11.2018 which was duly acknowledged by the opposite parties for which, the opposite parties has not sent any reply.   The act of the opposite parties 1 to 3 caused great mental agony and inconvenience to the complainant.   Hence, the complaint is filed.

3.     The opposite parties 1 to 3 after due service of notice entered appearance through Mr. M. Arunachalam, Advocate  filed Vakalath for the opposite parties 1 to 3 but subsequently failed to file written version within the stipulated time and hence, the opposite parties 1 to 3 was set ex-parte.

4.     Though the opposite parties 1 to 3 remained Ex-parte, this Forum is to dispose of this compliant fully on merits with available materials evidences before this Forum. 

5.     In such circumstances, in order to prove the allegations made in the complaint, the proof affidavit is filed by the complainant as his evidence and also documents Ex.A1 to Ex.A3 are marked.  

6.      The points for consideration is:-

1. Whether the complainant is entitled to reimburse a sum of Rs.68,000/- with interest at the rate of 18% p.a. as prayed for?
2. Whether the complainant is entitled to a sum of Rs.1,00,000/- towards compensation for deficiency in service, mental agony, financial loss and expenses with cost of Rs.25,000/- as prayed for?

7.      On point:-

The opposite parties 1 to 3 after receipt of notice entered appearance and miserably failed to file written version and remained ex-parte.  The complainant filed proof affidavit, documents, written arguments etc.  Perused the records.   The complainant pleaded and contended that he is a reputed Doctor in that locality where he resides.   His wife is also a Doctor availed loan of Rs.20,00,000/- vide Loan Account No.403FCL05208184 from the opposite party which was completely closed after due payment without any default.   The 2^nd opposite party, Executive of the 1^st opposite party, considering the promptness in payment of loan compelled the complainant to avail another loan of Rs.15,00,000/- for reaching his monthly target in order to have the promotion in his employment and assured that there shall be no processing fees because already the complainant’s wife availed a loan of Rs.20,00,000/- and was cleared without any default.   Equally, the 2^nd opposite party, Executive of the 1^st opposite party assured the complainant only for the record purpose interest shall be 11.5% otherwise interest will be 8.5%.   Further the contention of the complainant is that in order to help the 2^nd opposite party Executive of the 1^st opposite party, the complainant agreed to avail loan of Rs.15,00,000/- for which, the 2^nd opposite party Executive of the 1^st opposite party without the knowledge of the complainant deducted a huge amount towards processing fees and credited only a sum of Rs.14,81,292/- vide Loan Account No.403DFR34408911 as per Ex.A1 (S) page Nos.3 & 4.  The complainant without touching the amount re-credited the amount on the very next working day.  But none of the statement issued by the opposite party showing the re-credit of the loan amount.   On the other hand, it is very clear from Ex.A1 (S) page Nos.4 & 5, other receivables of Rs.14,81,292/- proves the unfair trade practice and deficiency in service. 

8.     Further the contention of the complainant is that on 20.03.2018, some of the staffs of the opposite party informed that the 2^nd opposite party, Executive of the 1^st opposite party fraudulently started deduction of some amount from the complainant’s Savings Bank Account from the very beginning i.e. immediately after disbursement of loan of Rs.14,81,292/-.   Further the contention of the complainant is that the opposite parties deducted a sum of Rs.7,379/- on 05.02.2017 and another sum of Rs.227/- by way of interest at the rate of 14.5%  and another sum of Rs.4,425/- towards annual maintenance charges and another sum of Rs.6,042/- on 24.07.2018 and Rs.2,464/- on 02.10.2018 respectively towards interest and continuing the deductions which is against the guidelines of RBI proves the unfair trade practice and it should be stopped immediately by the opposite parties.   Further the contention of the complainant is that he gave a closing letter dated:01.11.2017 for which, the opposite party demanded a sum of Rs.19,810/- towards foreclosure charges by way of email on 01.11.2017 for no fault of the complainant (page No.19).   The act of the opposite parties in creating a loan for the promotion of the 2^nd opposite party Executive of the 1^st opposite party and swindle the amount of the complainant is apparently proved from the records.  

9.     Further the contention of the complainant is that the opposite party vindictively without any rhyme or reason claimed a sum of Rs.89,513.49/- towards foreclosure charges, terminating charges as per Ex.A1 page No.18 and thereafter reduced the amount to the tune of Rs.19,809.5376 without any reason proves that the opposite party is acting beyond the scope of the guidelines of Reserve Bank of India  which amounts to unfair trade practice and deficiency in service.   Further the contention of the complainant is that the opposite party unlawfully collected a sum of Rs.68,000/- from the account of the complainant by way of the alleged loan which is a fake creation of loan is proved from the records.  Even after repeated requests and demands, the opposite parties has not come forwards to return the amount deducted from the account of the complainant. Hence, the complainant issued legal notice dated:13.11.2018 as per Ex.A2 which was duly acknowledged by the opposite parties as per Ex.A3 for which, the opposite parties has not sent any reply.  Hence, the complainant was constrained to file this case.   The opposite parties even entered appearance through an Advocate miserably failed to file written version and failed to appear in this Forum. 

10.    Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite parties 1 to 3 shall jointly and severally liable to refund a sum of Rs.68,000/- along with interest at the rate of 9% p.a. From the date of filing of this complaint to till the date of this order and to pay a sum of Rs.25,000/- towards compensation for mental agony with cost of Rs.10,000/- to the complainant.

In the result, this complaint is allowed in part.   The opposite parties 1 to 3 are jointly and severally liable to reimburse a sum of Rs.68,000/- (Rupees Sixty eight thousand only) along with interest at the rate of 9% p.a.  from the date of filing of this complaint (i.e.) 04.04.2019 to till the date of this order (i.e.) 10.12.2019 to the complainant and to pay a sum of Rs.25,000/- (Rupees Twenty five thousand only) towards compensation for mental agony with cost of Rs.10,000/- (Rupees Ten thousand only) to the complainant.

The above amounts shall be payable within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 12^th day of December 2019. 

 

MEMBER                                                                                PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	31.07.2017 to 02.02.2022	Copy of loan transaction details
Ex.A2	13.11.2018	Copy of legal notice to the opposite party
Ex.A3		Copy of acknowledgement card

 

 

 

MEMBER                                                                                                                                                      PRESIDENT