This is an application u/s.12 of the C.P. Act, 1986.
Complainant by filing this complaint submitted that complainant for personal and family use purchased a Zen VXI model car made by Maruti Udyog Ltd. on 27-10-2008 from Auto Hitech Pvt. Ltd. at a total price of Rs.3,36,896/- out of which Rs.3,00,000/- was the amount taken as auto finance loan from the OP and the OP claimed to disburse an amount of Rs.2,97,000/- directly to the said Auto Hitech Pvt. Ltd. and the balance loan amount of Rs.3,000/- shall be deducted as processing charges against the said loan A/c. No.13838456.
As per terms and condition of the said loan the said loan shall be repaid by 36 EMIs of Rs.10,108/- and starting date of repayment was on 07-11-2009 but that was not informed to the complainant and ultimately complainant came to know the said starting date after 07-11-2008 and asked the OP to send copy of the agreement of the loan and other papers but that was not supplied.
Further complainant had a personal loan account with the OP being Loan Account No.12015295 that had been closed on 25-08-2012 and during the period from December, 2005-2009 complainant in connection with the said personal loan account with the OP without any notice to the complainant OP exercises its right to set off and lien on all the moneys lying with HDFC Bank A/cs of the complainant and, therefore, the said auto loan repaid for smooth facilitation and honouring the instalments of the auto loan, and requested the OP to do what are required to be done from the OP’s end so that complainant can repay the said auto loan from a non-HDFC Bank A/c. in place of HDFC Bank A/c but such requests were turned down by the OP. Complainant also informed the OP that he is ready to pay the required charges for such swapping process by e-mail dated 06-04-2013 but anyhow OP did not pay any heed and for refusal of the OP complainant paid instalment since April, 2009 along with some other charges and last instalment was paid on 28-10-2011 that means all EMIs had been paid by the complainant to the OP along with some other charges. But even after paying all the instalments and some other charges to the OP and last instalment was paid on 28-10-2011 that means all EMIs had been paid by the complainant to the OP along with some other charges. But OP started demanding an amount of Rs.19928/- as outstanding amount against the said auto loan so complainant by sending a letter asked what is the ground for charging further Rs.19928/- when actual outstanding is Rs.5,548/- and complainant agreed to pay the same and reported the matter to the OP but OP, thereafter, did not respond and as a bona fide borrower OP is duty bound to close the auto loan and to handover all the necessary documents and NOC to the complainant but that has not been done and for which complainant is compelled to file this complaint for adopting such trade practice and also for negligent and deficient manner of service.
On the other hand OP Bank by filing written statement submitted that the present complaint is not maintainable and complainant entered into written agreement with the OP on 03-10-2008 on the basis of which bank disbursed Rs.3 lakhs and as per agreement complainant is liable to pay the said amount as claimed that is Rs.19928/- and as per agreement first instalment (EMI) had to be paid in 07-11-2008 and last of such instalment date was 07-10-2011. But as because complainant did not regularly pay the EMIs and out of 36 ECS 33 were returned unpaid in respect of auto loan and as such, the OP demanded from the complainant the EMIs in respect of the auto loan account which was paid by the complainant on 29-10-2011. After adjusting the instalment amount in the said account of the complainant a sum of Rs.19,818/- remain due and payable by the complainant on the account of overdue charges and ECS return charges and the OP by a reply letter dated 27-03-2012 duly informed the complainant that a sum of Rs.19,818/- remains due and payable by the complainant under the said account. After payment of the said amount objection certificate would be issued but in respect of receipt of the letter complainant failed or neglected to repay his dues for which the matter was informed to the complainant on 26-03-2013 and overdue amount wrongly was mentioned as Rs.5,548/- out of Rs.19,818/- and it was an error for which a corrigendum dated 13-06-2013 informed the same and complainant was asked to pay the same but that was not ultimately paid for which the NOC could not be issued and in the result, the complaint should be dismissed.
Decision with Reasons
On proper consideration of the entire materials and record and also the arguments as advanced by the Ld. Lawyers of both the parties and also considering the letter of the OP dated 26-03-2013 it is clear that OP himself reported the complainant that overdue charges of Rs.5,548/- shall be paid by the complainant as penalty charges levied on against the auto loan account and by both letters complainant was asked to pay the said amount within 7 days. Thereafter, complainant after receipt of the letter on 15-05-2013 on different dates asked to the OP it shall be paid and from whom the NOC shall be received that letter was received by the OP no doubt but OP did not respond. In the mean time OP lodged a pre-litigation application before District Legal Service Authority at Calcutta where complainant appeared on 25-05-2013 and fact remains complainant submitted all documents but OP has failed to produce any order of the Lok Adalat regarding pre-mitigation dispute’s disposal order thereafter on 6th May complainant again wrote a letter to the OP asking him to deposit the said amount of Rs.5,548/- and for handing over the no objection certificate etc. on proper receipt. Thereafter, OP was kept silent for which complainant was filed for redressal in respect of the dispute. But OP has tried to convince that actually due to some mistake the amount was written Rs.5,548/- instead of Rs.19,818/- and for which corrigendum was sent on 13-06-2013 but anyhow, the OP has failed to prove the order of Lok Adalat moreover, there was no order from Lok Adalat to show that Lok Adalat passed order against complainant regarding non-payment or delayed payment etc. whatever it may be it is undisputed fact that complainant deposited entire EMIs in cash what OP has admitted the same but only there version is that as because 33 ECS was returned and not entertained or refused for which the penalty has been imposed and now, the total amount the complainant shall have to pay as per their account is Rs.19,818/- but after taken into consideration the entire materials and circumstances, we have gathered that complainant is liable to pay Rs.5548/- not more than that because OP has admitted that entire loan amount has been deposited so, further penalty cannot be imposed by the OP and that is completely the wrong assessment against RBI Rules. But private banks are charging penalty, fees beyond the rules and regulations of RBI and in this case that happened so, considering that we are convinced that complainant is bound to pay Rs.5,548/- but subsequently OP did not receive it and filed a case before Lok Adalat. Thereafter, OP did not submit or send the order of the Lok Adalat which indicates that the OP has taken a bad path to harass the complainant which is not justifiable but considering the present facts and circumstances, complainant is directed to pay Rs.5,548/- to the OP and OP to receive the same on the same date and shall hand over the NOC including all other documents related to the said auto loan forthwith and without further causing harassment to the complainant and if it is not complied with by the OP in that case invariably the OP shall have to pay compensation of Rs.20,000/- to the complainant and accordingly, this complaint is decided finally after resolving the entire consumer disputes on the basis of above guidelines and findings.
Hence,
Ordered
That the case be and the same is allowed on contest with a cost of Rs.2,000/- against the OP.
OP is directed to receive Rs.5548/- from the complainant and to hand over the NOC on the same date without harassing and also all documents in the custody of the OP against the said auto loan of the complainant and it must be complied within 15 days from the date of receipt of the money of Rs.5548/- from the complainant and complainant shall have to comply it within 15 days from the date of this order and if it is not complied with by the OP and complainant is found further harassed by the OP in that case OP shall have to pay a penalty, damages to the extent of Rs.20,000/- to the complainant and if it is not paid in that case penal proceeding shall be started for which OP shall be responsible and further fine and penalty may be imposed against them.
