CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM Present. Sri.Snthosh Kesavanath.P. President Smt.Bindhu M.Thomas Member Sri.K.N.Radhakrishnan Member. CC.No.248/09 Wednesday, the day of 21st, October, 2009.
Petitioner. Rejimon Jacob Edavetty kara,Thekkombagam.P.O. Karikode village, Thodupuzha Taluk Idukki District. Vs. Opposite party. ICICI Bank Limited, Kottayam rep. By its Branch Manager Near Collectorate, Kottayam.P.O. Kottayam District. O R D E R Sri.K.N.Radhakrishnan, Member.
The case of the complainant is as follows: He had availed a hire purchase loan from the opposite party for purchasing Ford Fiesta car bearing registration No. KL-38-3454, through the loan account No. LATDU- 00010230562 operated in the opposite party bank. He was regularly remitting the loan repayment instalments. He had terminated the entire hire purchase loan pre-maturely on 3..6..2009 and he had remitted an amount of Rs. 3,83,955/- on 3..6..2009 as full and final settlement of the loan. There after the opposite party Bank had also collected an amount of Rs. 19,760/- (included in the amount of Rs. 3,83,955/- remitted on 3..6..2009) The act of the opposite party Bank was unauthorised and illegal and they are bound to return the same to the complainant. The opposite party Bank on full satisfaction of the receipt of the entire loan amounts, interest and other charges involved had issued no objection certificate dt: 27..6..2009. The opposite party Bank had not returned the cheque leaves deposited by the complainant as security to the loan transaction. On enquiry, the opposite pary Bank informed that the cheque leaves will be destroyed by the opposite party bank itself and that the said chjeque leaves will not be presented -2- again for cashing. But the opposite party Bank had presented one among the cheque leaves, bearing No. 324201, and collected an amount of Rs. 12,680/- illegally from the account of the complainant. The complainant had pointed out the above said discrepancy to opposite party Bank and the opposite party Bank had returned the said amounts on 6..7..2009. The opposite party Bank had again presented another cheque leaf bearing No. 324202 on 7..7..2009 and illegally collected an amount of Rs. 12,680/- from the complainant's account. Thus the opposite party bank has collected a total sum of Rs. 32,440/- illegally and they are still retaining the said amounts and they are bound to return the same to the complainant. There was clear deficiency in service on the part of the opposite party. Hence this complaint. The notice was served with the opposite party. They did not appear either in peprson or through their counsel even after accepting the notice from this Forum. Hence the opposite party was set ex-parte. The complainant filed proof affidavit and documents which are marked as ex hibits A1 to A7. Heard complainant: We have gone through the complaint, version, documents and evidence. The case of the complainant is that the opposite party had illegally collected some amounts from the complainant even after accepting the entire pre-closure loan amount of the complainant. According to him the act of the opposite party amounts to deficiency in service and unfair trade practice on the party of the opposite paprty. The case of the complainant is un-challenged by the opposite party. So, we have no reasons to dis-believe the case of the complainant. Hence we are of the opinion that the case of the complainant is to be allowed. In the result the complaint is allowed as follows: 1) We directed the opposite party to refund Rs. 12,680/- to the complainant as the amount illegally collected from him after the entire loan was closed by the complainant. 2) We direct the opposite party to pay Rs. 5,000/- as compensation for inconveniences and pay Rs. 2,000/- as costs of these proceedings. 3) We direct the opposite party not -3- to do. These type of unfair trade practice in future. The order shall be complied with within a period of one month from the date of receipt of a copy of this order. Sri.K.N.Radhakrishnan Member Sd/- Sri.Santhosh Kesavanath.P. President Sd/- Smt.Bindhu M.Thomas Member. Sd/- APPENDIX
Documents produced by complainant:
Ext:A1: Demand notice Dtd: 3..6..2009. Ext. A2: Copy of payment receipt dt: 3..6..2009, Ext. A3: No objection certificate Dt: 27..6..2009. Ext. A4: Copy of statement of account dt: 10..7..2009 Ext. A5: Copy of lawyers notice dt: 17..7..2009 Ext. A6: Postal receipt Ext. A7: Postal acknowledgement Card.
By Orders,
Senior Superintendent. Kgr/4 copies.
......................Bindhu M Thomas
......................Santhosh Kesava Nath P | | 
