Date of Filing : 30.08.2023

                                                                                                                                 Date of Disposal: 29.11.2023

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

THIRUVALLUR

 BEFORE  TMT. Dr.S.M. LATHA MAHESWARI, M.A.,M.L, Ph.D (Law)                              .…. PRESIDENT

                 THIRU.P.VINODH KUMAR., B.Sc., B.L.,                                                                 …….MEMBER-I

CC. No.85/2023

THIS WEDNESDAY, THE 29^th DAY OF NOVEMBER 2023

Mr.R.Varadharajan, S/o.Ragavan,

No.5, Kanakavallipuram Street,

Thiruvallur – 602 001.                                                                              ……Complainant.

                                                                            //Vs//

1.The Branch Manager,

   HDB financial services,

   Kakalur by pass road,   

   Thiruvallur – 602 001.

2.Cluster Manager,

    HDB financial services,

    No.69, First Floor,

    Sengazhuneerodai Street,

    Big Kanchipuram 631 502.                                                            ……Opposite parties.

Counsel for the Complainant                                           : M/s.D.Vijay Babu, Advocate.

Counsel for the Opposite Parties                                    : Exparte

This complaint coming before us on various dates and finally on 23.11.2023 in the presence of M/s.D.Vijay Babu, counsel for the complainant and the opposite parties were set exparte for non appearance and for non filing of written version inspite of sufficient notice and upon perusing the documents and evidences of complainant’s side this Commission delivered the following:

ORDER

PRONOUNCED BY TMT. Dr.S.M. LATHA MAHESWARI,   PRESIDENT.

1. This complaint has been filed by the complainant u/s 35 of the Consumer Protection Act, 2019 alleging deficiency in service against the opposite parties in collecting EMI’s twice illegally for the same month along with a prayer to direct the opposite parties to refund a sum of Rs.6,277/- along with Rs.1,00,000/- compensation and 5000/- cost.

Summary of facts culminating into complaint:-

2. Present complaint filed against the opposite parties Bank for the alleged deficiency in service for collecting EMI’s twice illegally for the same month towards the Loan Account.

3. The Complainant having availed loan amount of Rs.1,60,000/- was repaying the same promptly. However, after payment of 29^th EMI in the month of July 2023 at the 30^th instalment the EMI did not get debited inspite of sufficient balance in the Account. The non debit was intimated. However, complainant received more than 30 calls from the opposite party HDB financial service which caused huge mental agony.  Further on 17.07.2023 on request of HDB Office, the Complainant paid in cash an amount of Rs.6,277/- towards EMI. But, on 18.07.2023 the HDB debited Rs.6,277/- towards the 30^th month EMI. Thus, aggrieved after sending legal notice the present complaint was filed for refund of the sum of Rs.6,277/- along with Rs.1,00,000/- compensation and 5000/- cost.

4. On the side of complainant proof affidavit was filed and documents marked as Ex.A1 to Ex A11 were submitted. Though notice was served to the opposite parties they did not appear before this Commission to file written version and hence they were called absent and set exparte on 25.10.2023 for non appearance and non filing of written version within the mandatory period as per statute.

Point for consideration:-  

1. Whether the alleged act of collecting EMI twice for the month of July 2023 by opposite parties from Complainant towards the loan Account No.13664206 amounts to deficiency in service and if so, to what relief he is entitled?

Point No.1:-

The following documents were filed on the side of complainant in support of her contentions;

1. Aadhar card of the complainant was marked as Ex.A1;
2. Statement of Accounts of the complainant issued by the opposite parties from 01.01.2008 to 22.10.2021 was marked as Ex A2;
3. Letter issued by the complainant to the 1^st opposite party dated 11.07.2023 was marked as Ex A3;
4. Acknowledgement card for proof of delivery was marked as Ex.A4;
5. Letter issued by the complainant to the 1^st opposite party to stop the Auto generated calls for non-debit of EMI dated 12.07.2023 was marked as ExA5;
6. Acknowledgement card for proof of delivery was marked as ExA6;
7. Letter issued by the complainant to the 1^st opposite party dated 19.07.2023 was marked as Ex.A7;
8. Acknowledgement card for proof of delivery was marked as Ex.A8;
9. Cash receipt given by the opposite parties for the payment of 30^th EMI dated 17.07.2023 was marked as Ex.A9;
10. Bank Statement of the complainant in the month of July was marked as Ex.A10;
11. Legal notice issued by the complainant to the opposite parties dated 28.07.2023 was marked as Ex.A11;

5. Learned counsel appearing for the Complainant argued that he was made to pay twice by the Opposite parties, the July month EMI which amounted to unfair trade practice on the part of opposite parties. He sought for refund of the amount along with compensation.

6. Heard oral argument of complainant and perused the pleadings and material evidence produced by him. The complaint allegations were clearly proved vide Ex A9 dated 17.07.2023 wherein a receipt was issued by HDB financial services (2^nd opposite party) herein for receiving cash payment of Rs.6,277/- towards the EMI for the loan availed by the Complainant. Ex A10, the Account Statement for A/c No.6079002100001411 belonging to the Complainant clearly shows that on the proposed ECS date (i.e) 4^th, the Complainant Account had a balance of Rs.13,52,650.67/- which was very well sufficient for the EMI to be debited via ECS by the opposite parties. It is also crystal clear that the Complainant was not having any other loan account with the opposite parties. Further the opposite parties also did not turn up to explain for what purpose, the amount was received twice and under what heading.

7. The Complainant being Proprietor of RR Chemical Trading with raw materials to paint could very well be brought under the definition of Consumer under the CP Act 2019.

8. In the facts and Circumstances, we are of the view that the act of opposite parties amounted to clear unfair trade practise and deficiency in service and that both should be held liable for the same.

9. Further, with regard to the relief to be granted to the Complainant for the unfair trade practice and deficiency in service on the part of the opposite parties for causing hardship and mental agony to the Complainant we award a sum of Rs.50,000/- to be paid along with refund of the excess sum of Rs.6,277/- collected from the Complainant. We also award a cost of Rs.10,000/- towards the litigation expenses.

In the result, the complaint is partly allowed against the opposite parties 1 & 2 directing them jointly and severally liable

a) To refund the sum of Rs.6,277/- (Rupees six thousand and two hundred seventy seven only) to the complainant within four weeks from the date of receipt of copy of this order;

b) To pay a sum of Rs.50,000/- (Rupees fifty thousand only) towards compensation for the mental agony and hardship caused to the complainant;

 c) To pay a sum of Rs.10,000/- (Rupees ten thousand only) towards litigation expenses to the complainant;

 d) Amount in clause (a) if not paid within four weeks from the date of receipt of copy of this order, an interest at the rate of 6% will be levied on the said amount from the date of complaint till realization.

Dictated by the President to the steno-typist, transcribed and computerized by him, corrected by the President and pronounced by us in the open Commission on this 29^th day of November 2023.

     Sd/-                                                                                                                         Sd/-

 MEMBER-I                                                                                                       PRESIDENT

List of document filed by the complainant:-

    Sd/-                                                                                                                           Sd/-

MEMBER-I                                                                                                         PRESIDENT

DOO:29.11.2023,MOR:30.11.2023