Complaint presented on : 14.05.2013
Order pronounced on : 17.03.2015
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (NORTH)
2nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3
PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L., : PRESIDENT
TMT.T.KALAIYARASI, B.A.B.L., : MEMBER II
TUESDAY THE 17th DAY OF MARCH 2015
C.C.NO.105/2013
M.S.Subramaniam,
RTI Activist, Consumer Protection Activist & Social Worker,
Sri Lakshmi Apartments,
Flat-1 9 Park Avenue, Kesavperumalpuram
Greenways Road,
Chennai – 600 028. .. Complainant
..Vs..
| | The Manager, Deuts che Bank, 114, Kothari Building, Ground floor, (Opposite Taj CorAMANDAL Hotel) Nungambakkam High Road, Chennai -34. | |
| | | … Opposite party |
Date of complaint : 17.05.2013
For Complainant : Mr.Subramaniyan, (Party in person)
For Opposite party 1 : M/s. Sai Krishnan Associates,
O R D E R
BY PRESIDENT THIRU K.JAYABALAN B.SC., B.L.,
This complaint is filed by the complainant u/s 12 of the Consumer Protection Act 1986.
The case of the complainant is briefly as follows:
1.The Complainant applied a Personal loan with the Opposite party . Before disbursement of loan, the complainant approached the Opposite party for statement and a copy of agreement. The Opposite party dragging the Complainant and have not supplied the same. Further instead of sending the copy of the agreement, the Opposite party sent a statement of payment for a year. However till date the copy of agreement was not supplied to the Complainant. On perusal of the statement there is glaring variations in principle and interest and asked for explanation from the Opposite party. Since the Complainant yet to receive favorable response from the Opposite party the Complainant filed this Complaint praying to direct the Opposite party to pay a compensation of Rs.10,00,000 and also direct the Opposite party to furnish copy of the agreement and other details required by the Complainant point by point and render justice.
WRITTEN VERSION IN BRIEF:
2.The Opposite party carrying on Baking operations with various facilities to the customers and one such facility is that to disburse personal loan to the eligible customers. The Opposite party disposed the loan amount of Rs.2,06,711/-(Two lakhs six thousand seven hundred and eleven only). The Opposite party denies that the, failed to respond to the letters and mail communication of the complainant. The complainant was paying the EMI amount on the due dates till March 2013. It is the Complainant who had approached and applied for a personal loan and disbursed by the Opposite party on 19.07.2008. After March 2013, the Complainant defaulted in paying the monthly dues. Therefore charges and penalties are levied as per the baking rules. The Complainant never approached any appropriate person in the bank requesting for the details of the said outstanding dues in the loan account and not produced any evidence to support his allegation. The conduct of not making payments deliberately to the Opposite party establishes the dishonest intention of the Complainant. Therefore the Opposite party have not committed any negligence or deficiency in service as alleged by the Complaint. Hence the Complainant is liable to dismissed.
3.POINTS FOR CONSIDERATION:
1. Whether the Opposite party committed Deficiency in service?
2.To what relief the Complainant is entitled in the petition?
POINT:1
4.It is an admitted fact that the Complainant availed a personal loan and the Opposite party also sanctioned a sum of Rs.2,06,711/- towards the same and the Complainant also repaid the EMI towards the said loan for certain period.
5.Ex A1 evidences that the Complainant applied personal loan with the Opposite party for a sum of Rs.2,06,711/-(Two lakhs six thousand seven hundred and eleven only) and the same was sanctioned and also disbursed and the balance outstanding as an 2.04.2011 is 1.19,608. As per Ex A1 Complainant also paid installments till 5.3.2011. Further, Opposite party also issued Ex A2 letter dated 11.11.2012 to the Complainant , requesting him to pay the outstanding amount to them.
6.The grievance of the complainant in the complaint is that he asked the Opposite party to furnish a copy of the agreement and till filing this Complaint they had not furnished the same and further on going through the statement, the Complainant observed that there is glaring variations in principle and interest amounts and for which he asked for explanation and he is yet to receive a favorable reply and therefore the Opposite party committed deficiency in service.
7.The Complainant has not filed any other document to prove that the Opposite party to furnish the copy of the agreement and explanation in respect of variations in the statement. Further the Complainant had not stated to whom he had approached in the bank for such details. Therefore the Complainant has not proved that he had approached the Opposite party for asking particulars including agreement copy. As per Ex.A1 & A2 the Complainant is due to pay the part of loan amount to the Opposite party. Even in the written version the Opposite party stated that now the Complainant is due to pay a sum of Rs.39,995.41.(Rupees thirty nine thousand nine hundred ninety five and forty one paisa only)When the Complainant himself is due to pay part of loan amount to the Opposite party, he cannot fasten liability on the Opposite party that they have committed Deficiency in service . As it is concluded that the Complainant has not approached the Opposite party, for particulars and he is also due to pay loan amount, it is held that the Opposite party had not committed Deficiency in service.
POINT :2
8. Since it is held in point no 1 that the Opposite party had not committed deficiency in service, the Complainant is not entitled for any relief in this Complaint.
In the result the Complaint is dismissed without cost.
Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 17th day of March 2015.
MEMBER – II PRESIDENT
LIST OF DOCUMENTS ON THE SIDE OF THE COMPLAINANT:
Ex.A1 Dated 1.4.2010 to 31.03.2011 Statement.
Ex. A2 Dated 11.11.2012 Letter forum Opposite Party.
LIST OF DOCUMENTS ON THE SIDE OF THE OPPOSITY PARTY:
Ex.B1 Dated 31.07.2012 E.mail Communication
Ex.B2 Dated 02.08.2012 E.mail Communication
Ex.B3 Dated 05.12.2012 E.mail Communication
Ex.B4 Dated 07.01.2013 E.mail Communication
Ex.B5 NIL Amortization Schedule
Ex.B6 NIL Loan Application Forum
Ex.B7 NIL Loan Agreement
Ex.B8 NIL Statement of Accounts
MEMBER –II PRESIDENT
