PRESENT

                   Complainant absent.   

                    Opponent by representative Adv. Smt.Rashmi Venkatesh present.                  

ORDER

(Per- Mr. S. D. MADAKE, Hon’ble President

1.            The complainant was customer of Centurian Bank Of Panjub and same is takenover by HDFC Bank. She is having a CBL personal loan account no. 90197803 in the bank. She paid all the dues however agents of the bank are harassing, threatening and abusing her.
2.            The complainant stated that recovery officer Bharat Shinde called her on 6^th June 2010  from his mobile no 9870351350 for recovery of time barred debt.
3.                The complainant stated that she logged complaint to police however she was advised to go to Civil Court. She sent notice on 8/12/2010. She claimed compensation for Rs.10,25,000/- .
4.            The complainant prayed that opponent be restrained to harass her by visiting house without written intimation.
5.             The forum admitted the complaint on 06/04/2011. The opponent filed written statement on 23/04/2012 and denied all the allegation made in the complaint.
6.             The opponent stated that complainant is persistently in default in payment of loan therefore the bank recalled the entire loan as per agreement. It is denied that debt is time barred and also allegations regarding threating and abuses.
7.              It is prayed complaint be dismissed as per section 26 of Consumer Protection Act, 1986.
8.              Admittedly the complainant has borrowed the loan from the bank .The complainant states that she paid the entire loan and also raised legal issue of limitation. There is no evidence to show that she paid entire loan. The Bank has recalled the loan due to default in payment of installments.
9.            The complainant alleged that recovery agent Bharat Shinde threatened on mobile on 6^th June 2010.The opposite party denied this fact as alleged by the complainant. As per law and as per the principles laid down by Hon’ble courts the recovery of loan should not be by unethical means. The opponent is under an obligation to observe the legitimate means for recovery of loan.
10.            The borrower is entitle to have legitimate expectation that Bank should inform the debtor that interest is charged as per the norms laid by RBI and recovery is to be made by procedure which is fair and reasonable.
11.            The complainant has claimed compensation for loss of reputation and mental agony. She has not proved that she paid entire loan and also the debt is time barred.
12.            Complainant failed to prove that bank charged interest beyond the terms of agreement. The claim therefore is unjustified. We are of the view that the opponent bank is expected to inquire regarding the incident dated 06^th June 2010  on mobile no. 9870351350 as alleged by complainant. 
13.            In the result we pass the following order.

                                  ORDER                 

1.      RBT  Consumer Complaint No. 157/2011 is dismissed.

2.      The parties to bear their own cost.

3.       Copy of this order be sent to both parties.