Tamil Nadu

South Chennai

100/2008

T.Murugesan - Complainant(s)

Versus

Citifinancial consumer finance India Ltd and 2 ot - Opp.Party(s)

S.Raveekumar

11 May 2018

ORDER

                                                                        Date of Filing  : 10.03.2008

                                                                          Date of Order : 11.05.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

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

                 TMT. K. AMALA, M.A., L.L.B.                                : MEMBER-I

 

C.C. No.100 /2008

DATED THIS FRIDAY THE 11^TH DAY OF MAY 2018

                                 

T. Murugesan,

S/o. Mr. R. Thiyagarajan,

No.43/76, Nehru Nagar,

Villivakkam,

Chennai – 600 049.                                                .. Complainant.              

 

                                 ..Versus..

 

1. Citifinancial Consumer Finance India Ltd.,

Represented by its Managing Director,

No.3, LSC Pushp Vihar,

New Delhi – 110 062.

 

2.  Citifinancial Consumer Finance India Ltd.,

Represented by its Regional Manager,

No.81. Vukan Towers, Thirumalai Pillai Road,

T. Nagar (Opp. Residency Hotel),

Chennai – 600 017.

 

3. Citifinancial Consumer Finance India Ltd.,

Represented by its Manager,

No.24, I Main Road,

Nanganallur,

Chennai – 600 061.                                          ..  Opposite parties.

          

Counsel for complainant         :  M/s. S. Raveekumar & others                                                  

Counsel for Opposite parties  :  M/s. B. Jeevan Kumar & another

 

ORDER

THIRU. M. MONY, PRESIDENT

This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 seeking relief of full satisfaction certificate for loan no.8917626 and return of 3 blank security cheques with statement of account for the said loan, to forbear from presenting the voucher for ECS in future, to get return of Rs.2,035/- with interest at the rate of 18% p.a. and compensation of Rs.1,00,000/- towards mental agony and deficiency in service with cost of the complaint.

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

The complainant submits that on 04.09.2006 he availed a sum of Rs.49,000/- towards personal loan to be repayable at 36 equal monthly instalments at the rate of Rs.2,035/-.  Further the complainant  submits that since the complainant is very prompt in paying EMIs without any default 3^rd opposite party sanctioned further loan of Rs.80,000/- during the month of May 2007 and closed the previous Account No.8917626 and new loan a/c no.12075594 was allotted to the complainant.  The opposite parties informed that the balance outstanding amount in the earlier loan account , was settled and a cheque for Rs.41,749/- was issued towards the second loan and a new account number created with EMI of Rs.2,838/- for 36 months.   The opposite parties also assured that the statement of accounts related to the old loan Account no.8917626 will be sent very soon.  But till date no statement of accounts of any kind issued by the opposite parties.  Further the complainant submits that, the opposite parties sent the ECS challan and collected a sum of Rs.2,035/- on 05.06.2007 illegally.  Because after closing the earlier loan a/c no.8917626 alone cheque No.233180 dated:17.5.2007 for Rs.41,749/- was issued.  Without closing the earlier loan a/c after due settlement, cheque dated:17.5.2007 for Rs.41,749/- cannot be issued and new account No.12075594 cannot be created with EMI of Rs.2,838/-.  Further the complainant submits that the 3^rd opposite party sent the voucher for collecting Rs.2,838/- for the new loan account on the same day amounts to unfair trade practise.  Further the complainant submits that, after submitting due letters and requesting the opposite parties, the complainant was informed that the amount will be reversed only after 15^th June 2007.   But none of the amount reversed by the opposite parties.   Since the opposite parties committed deficiency in service and unfair trade practice, the complainant submitted a letter dated:05.06.2007 to close the account No.426740033 Indian Bank, Royapettah Branch.   The complainant also issued legal notice dated:09.06.2007 terminating the ECS facility and requested to issue  loan clearance certificate for the closed account and refund of Rs.2,035/- along with the blank cheques issued towards security.  Since the 3^rd opposite party has not complied the request, the complainant issued telegrams dated:11.06.2007 & 5.7.2007.  Thereafter the 1^st opposite party issued two legal notices dated:22.09.2007 & 26.09.2007 respectively.   Hence the complainant filed this case.

  2.   The brief averments in the written version filed by the opposite parties is as follows:

The opposite parties specifically denies each and every allegation made in the complaint and puts the complainant to strict proof of the same.    It is denied that the EMI amount agreed between the parties was in the sum of Rs.2,838/-.  It is submitted that the same was agreed to be in the sum of Rs.2,839/-.  It is denied that the opposite parties could not issue the statement of account with respect to the said loan account bearing No.12075594 to the complainant as alleged.  With regard to the averment that evenafter, the foreclosure of the loan account bearing No.8917626, the ECS in the sum of Rs.2,035/- was collected, it is submitted that the said loan account was foreclosed on 24.05.2007.  It is submitted that the said excess amount in the sum of Rs.2,035/- has been adjusted towards the instalments due for the month of August 2007 with respect the loan account bearing No.12075594.  It is submitted that the reason for dishonour of the ECS was that the complainant had failed / avoided to instruct his bankers to stop payment and therefore, the complainant was liable to pay the said installmlent in the month of June 2007 itself.  The excess amount received with respect to the loan account bearing No.8917626 has been adjusted towards the EMI for the month of August 2007.  Therefore there is no deficiency in service on the part of the opposite parties.  Hence the complaint is liable to be dismissed.

3.   In order to prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A13 are marked.  The opposite parties neither come forward to file proof affidavit to prove the contentions raised in written version nor filed documents.

4.     The points for consideration is:-

1. Whether the complainant is entitled to the relief of full satisfaction certificate for loan no.8917626 and return of 3 blank security cheques with statement of account for the said loan, forbearing the opposite party from presenting the voucher for ECS in future as prayed for ?
2. Whether the complainant is entitled to get return of Rs.2,035/- with interest at the rate of 18% p.a. with compensation of Rs.1,00,000/- towards mental agony and deficiency in service with cost as prayed for?

5.     On point:-

Both parties have not turned up to advance any oral arguments.  Both parties have not filed any written arguments also.  The opposite parties filed written version  but has not preferred to file any proof affidavit to prove the contents in the written version.   Perused the records namely the complaint, written version documents etc.  The complainant pleaded and contended that on 04.09.2006 he availed a sum of Rs.49,000/- towards personal loan to be repayable at 36 equal monthly instalments at the rate of Rs.2,035/- is admitted.   Further the complainant  contended that since the complainant is very prompt in paying EMIs without any default 3^rd opposite party sanctioned further loan of Rs.80,000/- during the month of May 2007 and closed the previous Account No.8917626 and new loan a/c no.12075594 was allotted to the complainant.  The opposite parties informed that the balance outstanding amount in the earlier loan account , was settled and a cheque for Rs.41,749/- was issued towards the second loan and new account number created with EMI of Rs.2,838/- for 36 months.   The opposite party also assured that the statement of accounts related to the old loan Account no.8917626 will be sent very soon.  But till date no statement of accounts of any kind issued by the opposite parties.  Further the contention of the complainant is that, the opposite parties sent the ECS challan and collected a sum of Rs.2,035/- on 05.06.2007 illegally  which amounts to deficiency in service.  Because after closing the earlier loan a/c no.8917626 alone cheque No.233180 dated:17.5.2007 for Rs.41,749/- was issued.    The contention raised by the opposite parties that the earlier account No.8917626 was closed only on 24.05.2007 is absolutely false.  Without closing the earlier loan a/c after due settlement, cheque dated:17.5.2007 for Rs.41,749/- cannot be issued and new account No.12075594 cannot be created with EMI of Rs.2,838/-.   

6.     Further the contention of the complainant is that the 3^rd opposite party sent the voucher for collecting Rs.2,838/- for the new loan account on the same day amounts to unfair trade practise.  Equally, presenting voucher towards the closed loan account and taking money and dishonouring the voucher for the new loan account amounts to unfair trade practice.   Further the contention of the complainant is that, after submitting due letters and requesting the opposite parties, the complainant  was informed that the amount will be reversed only after 15^th June 2007.   But none of the amount reversed by the opposite parties.   Since the opposite parties committed deficiency in service and unfair trade practice, the complainant submitted a letter dated:05.06.2007 to close the account No.426740033 Indian Bank, Royapettah Branch. The complainant also issued legal notice dated:09.06.2007 terminating the ECS facility and requested to issue  loan clearance certificate for the closed account and refund of Rs.2,035/- along with the blank cheques issued towards security.  Since the 3^rd opposite party has not complied the request, the complainant issued telegrams dated:11.06.2007 & 5.7.2007.  Thereafter the 1^st opposite party issued two legal notices dated:22.09.2007 & 26.09.2007 respectively suppressing all the real facts.   Hence the complainant was constrained to file this case.   

7.     The opposite parties eventhough filed written version has not preferred to file proof affidavit to prove the contents in the written version.  The documents namely copy of loan agreement and Advocate notice shall not speak anything about the wrongful withdrawal of amount and the reason for dishonour of cheque.  Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite parties shall issue loan clearance certificate along with the unused blank cheques submitted towards security with a sum of Rs.2,035/-  with interest at the rate of 9% p.a. and to pay a compensation of Rs.10,000/- with cost of Rs.5,000/-  to the complainant.

  In the result, this complaint is allowed in part.  The  opposite parties 1 to 3 are jointly and severally liable to issue Loan Clearance Certificate with a sum of Rs.2,035/- ( Rupees two thousand and thirty five only) with interest at the rate of 9% p.a. from the date of filing of this complaint i.e. 10.03.2008 to till the date of this order and to pay a sum of Rs.10,000/- (Rupees ten thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees five thousand only) to the complainant.

The aboveamounts shall be payablewithin 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 11^th day of May 2018. 

 

MEMBER –I                                                                      PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

Ex.A1	09.06.2007	Copy of legal notice issued by the complainant with acknowledgement card & courier receipt
Ex.A2	11.06.2007	Certified copy of telegram sent by the complainant with receipts
Ex.A3	30.06.2007	Copy of communication sent by the complainant with acknowledgement card
Ex.A4	05.07.2007	Certified copy of telegram sent by the complainant with receipts
Ex.A5	06.08.2007	Certified copy of telegram sent by the complainant with receipts
Ex.A6	09.08.2007	Copy of unsigned letter sent by the opposite party
Ex.A7	24.08.2007	Copy of communication sent by the complainant
Ex.A8	11.09.2007	Copy of unsigned letter sent to the opposite party
Ex.A9	22.09.2007	Copy of legal notice sent by the opposite party
Ex.A10	26.09.2007	Copy of legal notice sent by the opposite party
Ex.A11	07.10.2007	Copy of reply notice sent by the complainant
Ex.A12	07.10.2007	Copy of reply notice sent by the complainant
Ex.A13	04.11.2007	Copy of rejoinder sent by the respondent

 

OPPOSITE  PARTIES SIDE DOCUMENTS:  NIL

 

MEMBER –I                                                                      PRESIDENT