SMT. RAVI SUSHA : PRESIDENT
Complainant filed this complaint for getting an order directing opposite party to pay the dishonor charge collected by the Axis Bank for uncleared ECS of Rs.1050+18% GST and 18% interest. To direct the OP to write off the balance cred cash of Rs.3,44,388.26 which was due to the complainant together with Rs.45,00,000/- as compensation for mental agony and hardship caused by the complainant due to deficiency of service and unfair trade practice of the OP.
Complainant’s case is that on 17/10/2021, the complainant installed and starting the Cred App and thereafter the complainant got message through whats app Meanwhile complainant received frequent advertisement and messages from official whats app number of OP about the cred cash facility for Rs.41,00,000/-. In the month of February 2022 the complainant got whats app message from OP that he is eligible for the cred cash facility of Rs.41,00,000/-. The OP approved the cred cash account bearing No.79008226 and credited the cash in his bank account on July 2022. But the complainant got liquid cash from other source so he closed the entire credcash on 3/9/2022 which was before maturity of the loan period. Further submits that after closing the above loan he have a dire need of money and on the same time he noticed the whats app message of OP that he is again eligible for another cred cash facility of Rs.4,10,000/-. The complainant and OP entered into a loan agreement on 19/9/22. As per the stipulations in the loan agreement that the repayment and EMI was through ECS. The EMI was fixed as Rs.9376/- which was operated through his bank account in Axis bank,Kannur branch on every 7thday of the coming month and loan period was also fixed as 60 months. Complainant paid regularly without any fault he paid the EMI in 7th day of every month till 7/9/2023. Further submits that without giving prior information to the complainant, they processed the ECS for the EMI of October 2023 on 10/10/2023. But on that day there is no sufficient money in his account to pay the EMI. So the Axis bank charged Rs.500/-+18% GST as ECS bounce charge. Moreover due to the irresponsible and unprofessional manner the OP processed ECS again on 31/10/2023 but on that day also there was no sufficient fund his account and the ECS not cleared and again Rs.550/-+18% GST was charged as ECS charge by the Axis bank from his account. Complainant further submits that on2/11/2023 he got a text message from the Axis bank that Rs.9376/- debited in his account as EMI of IDFC First bank Ltd and he believed that the same was the EMI of October 2023 so he has not submit any complaint neither the OP nor Axis bank. On 3/11/2023 another message received from Axis bank that again 9376/- also debited from his account as EMI of IDFC first bank. On6/11/2023 the complainant got a whatsapp message from OP that the ECS on2/11/2023 which was credited to his loan account. Immediately after the said message he got another message that “the EMI on 7.11.23 was due on tomorrow please keep sufficient balance in your bank account. In a single month in November 2023 , that the OP without the consent of the complainant 3 EMI was debited for his bank account within short span of 3 days. Due to the irresponsible act and deficiency of service of OP complainant lost his money and mental peace hence filed this complaint.
Due notice was sent to the OP. Despite received notice, OP has not turned up for contesting the allegations raised against him by the complainant. Hence he was declared as exparte and proceeded against him.
Complainant has filed his chief-affidavit and documents. Examined as PW1 and the documents got marked as Exts.A1 to A12.
Complainant ‘s main allegation is that in a single month of November 2023, the OP, without the consent of the complainant three EMI was debited from the complainant’s bank account within short period of three days and debited ECS charges of Rs.1050+18% GST charges.
Here Ext.A1 loan agreement shows that complainant has executed a loan agreement with OP and that the complainant has availed a loan of Rs.409426/- from OP financial institution dtd.19/9/2022. The tenure of loan was 60 months, payment frequency monthly, EMI date 7th of every month, applicable rate of interest 13.0% per annum. Ext.A2 is the cash payment history which shows that complainant had made successful repayment of EMI Rs.9376/- on 7/7/2023, 7/8/2023, 2/11/2023, 3/11/2023. It shows that in October 2023, the OP attempted 3 times for getting EMI but payment were failed. Further on 2/11/2023 and 3/11/2023, Rs.9376/- each was debited from his account with ECS charge. Ext.A3 e-mail messages between complainant and OP reveal that OP informed that the amount Rs.9376/- was debited from the complainant’s account was due some technical issue from the bank’s end and the said amount will be refund within 3 working days and it was refund on 6/11/2023. Further OP has collected Rs.9376/- EMI on 3/11/2023 was o the EMI of October 2023. It is evidence that collection of Rs.550+18% GST as ECS bounce charge from the complainant for the amount collected on 2/11/2023 is illegal.
Since OP remained absent and not contest the case, we are constrained to believe the complainant’s averment. One of the prayer is that “ to direct the OP to write off the balance cred cash of Rs.3,44,388.26 which was due to the complainant” . This prayer cannot be allowed, because as per Ext.A1 agreement complainant has agreed to remit the loan amount with interest @13.0% per annum. Complainant has not submit any document to show that he has remitted the entire loan amount.
Considering the entire facts of this case, we cannot blame OP for the inconvenience(health issue) caused to the complainant. It is not evident that OP had taken any coercive or stringent steps against complainant.
Here receiving ECS charge of Rs.550+18% GST is an extra amount collected by OP which should be returned with interest.
Considering the entire facts and circumstances of this case, there is deficiency in service on the part of OP in collecting EMI of Rs.9376/- on 2/11/2023 with ECS charge.
In the result complaint is allowed in part. Opposite party is directed to pay Rs.550+18% GST collected from the complainant on 2/11/2023 with 7% interest from 2/11/2023 till realization to the complainant. Opposite party is also directed to pay Rs.25,000/- towards compensation for the mental agony caused to the complainant and Rs.5000/- towards cost of the proceedings. Opposite party shall comply the order within one month from the date of receipt of this order. Failing which the awarded amount except cost portion carries interest @12% per annum from the default date till realization. Complainant can execute the order as per provisions in Consumer Protection Act 2019.
Exts:
A1-Loan agreement
A2-Screen shot
A3-copy of e-mail message
A4-whats up message
A5-Account statement of IDFC first Bank
A6-Account statement of Axis Bank
A7-medical case sheet
A8-Leave certificate
A9- salary certificate
A10-Train tickets of complainant
A11-promotion order
A12- Medical prescription
PW1-Sreenath.A.K- complainant
Sd/ Sd/ Sd/
PRESIDENT MEMBER MEMBER
Ravi Susha Molykutty Mathew Sajeesh K.P
eva
/Forwarded by Order/
ASSISTANT REGISTRAR
