Date of filing : 27-09-2006<br /> Date of order : 29-11-2008<br /> IN THE CONSUM ER DISPUTES REDRESSAL FORUM, KASARAGOD<br /> CC.112/06<br /> Dated this, the 29th day of November 2008.<br /> PRESENT<br /> SRI.K.T.SIDHIQ : PRESIDENT,<br /> SMT.P.RAMADEVI : MEMBER<br /> SMT.P.P.SHYMALADEVI : MEMBER<br /> <br /> Mehamood.M, S/o. Mammunhi,<br /> Deenar Nagar, Thalangara.Po, } Complainant<br /> Kasaragod. 671 1222.<br /> (Adv. Rajesh.K, Kasaragod)<br /> 1. The HDFC Bank Ltd,<br /> Majestic Centre, <br /> Near Baby Memorial Hospital,<br /> Bye-pass Road, Aryadathu Palam, } Opposite parties<br /> Calicut. 673 004.(Exparte)<br /> 2. Rameshan, Loan Agent,<br /> Hero Honda Plus, Near Petrol Pump,<br /> Karandakkad, Kasaragod. 671 121.<br /> (Adv.Krishnakumar, Kasaragod)<br /> <br /> O R D E R <br /> SRI.K.T.SIDHIQ, PRESIDENT<br /> <br /> The grievance of the complainant Mehmood is that even after closing the HP transaction the opposite party No.1 had sent cheques for collection to his account and there by caused loss to him by way of cheque collection charges from his account he suffered mental agony as well. Hence the complaint.<br /> 2. Opposite party is the Former Centurion Bank Ltd, is now merged with HDFC Bank, has remained absent through out the proceedings. Hence Opposite party No.1 exparte.<br /> 3. Eventhough Opposite party No.2 appeared and filed version, complainant subsequently filed petition stating that he is not seeking any relief against Opposite party No.2.<br /> 4. Complainant filed affidavit and Exts A1 to A4 marked. Complainant heard and the documents perused carefully.<br /> 5. The case of the complainant is that he had closed the entire purchase transaction for the purchase of his motor cycle bearing Reg.KL-14 E 3795 and thereafter he obtained HP Termination letter on 15-06-06. But the cheques remained with Opposite party were not returned to him which he deposited with Opposite party No.1 for the collection of monthly instalments when the HP transaction was alive. Even after the closure of loan Opposite party No.1 had sent 5 cheques for collection to his account and since there were no funds in his account the bank has debited Rs.100/- each for cheques received by them for collection. Ext.A4 is the statement of account issued from SBT, Kasaragod for the period 15-06-06 to 7-10-06. It shows that Rs.500/- is debited from his account. Therefore it is clear that Opposite party No.1 committed deficiency in their service by sending cheques of a consumer for collection whose transactions are already closed. Hence we pass the following order.<br /> Opposite party No.1 H.D.F.C Bank is directed to pay a sum of Rs.2000/- to the complainant by way of compensation for the loss, hardships and mental agony sustained to him, along with a cost of Rs.2000/-. Time for compliance 30 days from the date of receipt of copy of order.<br /> Sd/- Sd/- Sd/-<br /> MEMBER MEMBER PRESIDENT<br /> Exts.<br /> A1. Letter sent by Centurian Bank of Punjab to complainant.<br /> A2.Forecloser statement<br /> A3. 18-5-06 Payment receipt (Customer copy)<br /> A4.Statement of account Issued by SBT, Kasaragod to complainant.<br /> <br /> Sd/- Sd/- Sd/-<br /> MEMBER MEMBER PRESIDENT<br /> Pj/<br /> Forwarded by Order<br /> <br /> SENIOR SUPERINTENDNT<br /> <br /> <br /> <br /> <br />