Order No. 15 dt. 05/07/2018
The case of the complainant in brief is that the complainant obtained loan of Rs.1,00,000/-(Rupees One Lakh Only) from the O.p. bank and the loan repayable by 48 EMIs of Rs.2,658/- (Rupees Two Thousand Six Hundred Fifty Eight Only) each commencing from 10.06.2004. The amount was deducted from salary account of the complainant, since a trouble arose between the bank and the complainant in respect of his salary account the complainant stopped payment of the EMIs through the said bank. Subsequently the complainant also failed to pay loan amount as per the terms of the agreement due to his father’s illness for which the complainant approached to O.p. bank (Standard Chartered Bank) for settlement of outstanding dues of Rs.21,165.22 (Rupees Twenty One Thousand One Hundred Sixty Five and Twenty Two Paisa Only). The O.p. bank after receiving the said request of the complainant issued a letter in favour of the complainant whereby settlement was arrived at between the parties and it was decided that if the complainant paid Rs.5,200/- (Rupees Five Thousand Two Hundred Only) the loan account will be closed. In spite of the payment of the said amount by the complainant the amount was demanded through the O.p.-2 for which the complainant felt very much insult as such the complainant filed this case praying for direction upon the O.p. for issuance of No-dues Certificate in favour of the complainant and also pray for compensation of Rs.2,50,000/- (Rupees Two Lakh and Fifty Thousand Only) and litigation cost of Rs.10,000/- (Rupees Ten Thousand Only).
O.p. bank contested the case by filing w/v and denied all the material allegations of the complaint. It was stated that the complainant had taken a personal loan from the O.p. bank and defaulted payment in time of EMIs. Thereafter when his outstanding was Rs.21,165.22 (Rupees Twenty One Thousand One Hundred Sixty Five and Twenty Two Paisa Only) a settlement was entered into on a onetime payment of Rs. Rs.5,200/- (Rupees Five Thousand Two Hundred Only). Thereafter, in the year 2010 while transferring various delinquent customers account, the amount of the complainant was inadvertently included in the list of delinquent account transferred to M/s. Shaha Finlease Pvt. Ltd., the O.p-2. The bank had already intimated the said fact to the O.p-2 and also issued No-dues Certificate in favour of the complainant. In view of such development of the fact since there was no deficiency in service on the part of O.p-1, therefore, the O.p-1 bank prayed for dismissal of the case.
The O.p-2 did not contest the case as such the case has proceeded ex-parte.
On the basis of the pleadings of parties the following points are to be decided:
- Whether the complainant obtained loan from the o.p.2?
- Whether the complainant failed to pay EMIs regularly?
- Was there any settlement arrived at between the complainant and the O.p.-1?
- Whether the complainant in spite of the payment of the amount was threatened by the O.ps.?
- Whether the complainant will be entitled to get the relief as prayed for?
Decision with reasons:
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. lawyer for the complainant argued that the complainant obtained loan of Rs.1,00,000/-(Rupees One Lakh Only) from the O.p. bank and the loan repayable by 48 EMIs of Rs.2,658/- (Rupees Two Thousand Six Hundred Fifty Eight Only) each commencing from 10.06.2004. The amount was deducted from salary account of the complainant, since a trouble arose between the bank and the complainant in respect of his salary account the complainant stopped payment of the EMIs through the said bank. Subsequently the complainant also failed to pay loan amount as per the terms of the agreement due to his father’s illness for which the complainant approached to O.p. bank (Standard Chartered Bank) for settlement of outstanding dues of Rs.21,165.22 (Rupees Twenty One Thousand One Hundred Sixty Five and Twenty Two Paisa Only). The O.p. bank after receiving the said request of the complainant issued a letter in favour of the complainant whereby settlement was arrived at between the parties and it was decided that if the complainant paid Rs.5,200/- (Rupees Five Thousand Two Hundred Only) the loan account will be closed. In spite of the payment of the said amount by the complainant the amount was demanded through the O.p.-2 for which the complainant felt very much insult as such the complainant filed this case praying for direction upon the O.p. for issuance of No-dues Certificate in favour of the complainant and also pray for compensation of Rs.2,50,000/- (Rupees Two Lakh and Fifty Thousand Only) and litigation cost of Rs.10,000/- (Rupees Ten Thousand Only).
Ld. Lawyer for the o.p bank argued that the complainant had taken a personal loan from the O.p. bank and defaulted payment in time of EMIs. Thereafter when his outstanding was Rs.21,165.22 (Rupees Twenty One Thousand One Hundred Sixty Five and Twenty Two Paisa Only) a settlement was entered into on a onetime payment of Rs. Rs.5,200/- (Rupees Five Thousand Two Hundred Only). Thereafter, in the year 2010 while transferring various delinquent customers account, the amount of the complainant was inadvertently included in the list of delinquent account transferred to M/s. Shaha Finlease Pvt. Ltd., the O.p-2. The bank had already intimated the said fact to the O.p-2 and also issued No-dues Certificate in favour of the complainant. In view of such development of the fact since there was no deficiency in service on the part of O.p-1, therefore, the O.p-1 bank prayed for dismissal of the case.
Considering the submissions of the respective parties it an admitted fact that the complainant obtained loan from the O.p. and it is also an admitted fact that the complainant failed to pay EMIs as per the terms of loan agreement. It is found from the materials on record that the complainant failed to pay the due amount for which he approached to the bank mentioning therein various problems faced by the complainant and requested the bank for taking his plea sympathetically and to settle the due amount. As per request of the complainant the O.p-1 bank issued a letter informing that instead of paying the outstanding dues of Rs. 21,165.22 (Rupees Twenty One Thousand One Hundred Sixty Five and Twenty Two Paisa Only) the O.p-1 allowed the complainant to pay the balance amount by paying one time of Rs.5,200/- (Rupees Five Thousand Two Hundred Only). It is an admitted fact that after made payment of the amount by the complainant, the complainant’s name was forwarded to CIBIL as well as to the O.p-2 was requested not to claim amount from the complainant. It appears from the materials on record that the O.p-1 issued a No-dues Certificate and also took steps for expunging the name of the complainant from CIBIL. The bank has also intimated to O.p-2 due to inadvertence on the part of the bank the name of the complainant was forwarded to O.p. -2. The O.p-2 put pressure upon the complainant for releasing of the said amount in spite of informing the O.p.-2 that the complainant cleared the dues. It appears that the O.p-2 has been made party in this case but they have not contested in spite of issuance of notice through paper publication to ensure their appearance and to submit their say in spite of the allegation made by the complainant. Since the O.p-2 has not appeared and stated nothing in spite of the allegation made by the complainant, therefore, we hold that the O.p.-2 has exceeded their limitation and caused annoyance to the complainant for which we hold that O.p-2 will be held liable for the compensation as well as litigation cost. Since the O.p-1 exempted the complainant from payment of the outstanding amount by giving opportunity to the complainant to pay of Rs.5,200/- (Rupees Five Thousand Two Hundred Only) instead of Rs.21,165.22 (Rupees Twenty One Thousand One Hundred Sixty Five and Twenty Two Paisa Only), therefore, we are constrained to pass any adverse order against the O.p-1.
Thus all the points are disposed of accordingly.
Hence, ordered,
That the CC No. 123/2017 is dismissed on contest without cost against the O.p-1 and allowed ex-parte against O.p-2. The O.p.-2 is directed to pay the compensation of Rs. 3,000/- (Rupees Three Thousand Only) for harassment and mental agony and litigation cost of Rs.2,000/- (Rupees Two Thousand Only) within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
