Delhi

North

CC/14/2018

VIJAY KUMAR - Complainant(s)

Versus

CAPITAL INDUSTRIES - Opp.Party(s)

12 Feb 2024

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

 

CC No.: 14/2018

                                                 

 

IN THE MATTER OF

 

 

Vijay Kumar

 R/o-​​18/130, Gail2 No.3,

 East Moti Bagh,

Sarai Rohilla, Delhi                                                                          ...Complainant

                                                                                                                            

                                                          Versus

 

Capital Industries,

234-235, Kishan Ganj Market,

Old Rohtak Road,

Delhi-110007                                                                             ...Opposite Party-1

 

 

Capital First Ltd.,

4th -6th floor,

Prem Dohil Sadan

11, Rajendra Place

New Delhi                                                                                      ...Opposite Party-2

 

 

Corporation Bank,

28-E, Kamla Nagar,

New Delhi-110007                                                                      ...Opposite Party-3

 

 

ORDER

12/02/2024

 

Ashwani Kumar Mehta, Member:

 

1.                 The present complaint has been filed under Section 12 of the Consumer Protection Act, 1986. The brief details of facts, as alleged by the Complainant in the Complaint in hand, are that the complainant got two mobiles financed from OP No.2 worth Rs.27,000/- in June 2017 under the loan account No. 11524279. It was agreed that the complainant will pay Rs.3250/- p.m. through ECS of 8 instalments which was being paid through said ECS regularly but in Oct.2017, the complainant could not deposit the said ECS on time as he was out of station and the said ECS got bounced. Thereafter, on 07.10.2017, the complainant transferred required amount to his bank account in Corporation bank, Kamla Nagar branch, Delhi -11007/OP-3 online. On 13.10.17, the agent of O.P. No.1 came to the complainant and took the ECS amount of Rs.3250/- from the complainant in cash by saying that they will not take the amount which was deposited by the complainant in Corporation bank. The said agent also issued an e-receipt No.2003781067. The complainant came to know that the 0.P. collected Rs.3250/ from the account of the complainant at Corporation bank on 17.10.2017 without giving any intimation to the complainant. Thus, in this way, the O.P. had collected two ECS in one month. It is further alleged that the OP-1 & 2 are also charging the ECS bouncing cost of Rs.200/-more than one time. The OP-1 & 2 were requested to adjust the one ECS amount of Rs.3250/- for the month of Nov.2017 as they have taken two ECS instalments in the month of Oct.2017 but OPs are avoiding the matter on one or other pretext.

 

2.                 It has also been alleged that due to negligent attitude of OPs, the reputation/ goodwill of the complainant has been spoiled and the complainant was compelled to request O.P.3- Corporation bank and other banks financial institutions. Due to the said acts of O.P., the complainant has suffered financial loss, loss of time, loss of reputation, harassment, mental pain and agony. The complainant has also sent a legal notice to the OPs calling upon to adjust the one ECS amount of Rs.3250/ for the month of Nov.2017 and  further pay the compensation of Rs.one lakh to the complainant and also issue an apologizing letter to the complainant but the O. P. neither replied nor complied the said legal notice. As on today, the balance amount in the account of the complainant is Rs.3445/- since Dec.2017 but the OP-2 is levying penalty by falsely alleging that the ECS has been bounced.  The complainant visited at the Corporation bank, Kamla Nagar, New Delhi but the bank officials have informed that the O.P. had not presented the ECS for Dec.2017, Jan.2018 and Feb.2018 and is demanding Rs.7000/-penalty from the complainant on the pretext that the ECS of Dec.2017 , Jan.2018 and Feb.2018 had been bounced and the O.P. had declared the complainant as NPA. The Complainant has further alleged that due to illegal and negligent attitude of the O.P., the complainant has lost the future prospects taking loan from any financial institute.

 

3.                The complainant has filed this complaint to this commission with  all relevant documents i.e. (a) Bank statements of Corporation bank, (b). Correspondence through email between the complainant and capital first Ltd. (c) SMS sent by capital first Ltd. to the complainant  (d). Notice sent by capital first Ltd. to the complainant (e)  Copy of legal notice sent by the complainant to capital first Ltd. and capital industries (f)  Copy of Cibil score of complainant,  and (g) Copy of notice sent by the O. P. to the complainant, and has prayed for directions to adjust the one ECS amount of Rs.3250/- and refund the extra ECS and fake penalties; and pay Rs.15 lakhs to the complainant as compensation towards financial loss, loss of reputation, mental pain and agony, harassment and declaring the complainant NPA without any fault on the part of the complainant. It is also requested to award cost of the proceedings and any other relief in favour of the complainant and against the O.P. in the interest of justice.

 

4.       Accordingly, notices were issued to the OPs to defend the complaint before the commission but the OPs neither appeared nor did send any communication despite service of the notice. Since the OPs have chosen not to contest the allegations levelled in the complaint despite service and has been proceeded Ex-parte, the allegations made by the Complainant have remained un-rebutted.

5.       The complainant has filed evidence. Therefore, the complaint has been examined on the basis of the documents/evidences and material available on records. Since the OPs have chosen not to contest the allegations levelled in the complaint despite service, it is considered as deemed acceptance of the allegations of deficiency of service and harassment to the complainant by the OP-1 & 2.

6.       In view of the above observations, we are of the considered view that the complainant has suffered directly due to deficient service and unfair trade practice on the part of the OP 1 & 2  in terms of the deficiency defined in the Act which includes any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained in relation to any service and includes any act of negligence or omission or commission by such person which causes loss or injury to the consumer.

7.       Therefore, we feel appropriate to direct the OP 1 & 2 to:-

 

1. Re-cast the loan account as per the 8 instalments due from June 2017 without any interest and penalty and adjust all the amount recovered from complainant in cash and through ECS. In case any excess amount is found to be  collected from the complainant, the same shall be refunded to the complainant with interest @9% from 27-01-2018 till the date of receipt of this order;
2. pay Rs.25,000/- (Rupees Twenty Five Thousand only) to the complainant as compensation for the mental  pain, agony and harassment caused.

 

8.       It is clarified that the aforesaid amount shall be paid by the OP 1 & 2, jointly and severally, within 30 days as directed above at para 7 (i) & (ii). In case, the abovesaid amount is not paid by the OP to the Complainant within the period as directed above, the OPs shall be liable to pay interest @12% per annum from the date of expiry of 30 days period.

9.       Order be given dasti to the parties in accordance with rules. Order be also uploaded on the website. Thereafter, file be consigned to the record room.

 

 ASHWANI KUMAR MEHTA                                             HARPREET KAUR CHARYA

                    Member                                                                        Member      

     DCDRC-1 (North)                                                            DCDRC-1 (North)

 

DIVYA JYOTI JAIPURIAR

President 

DCDRC-1 (North)