Punjab

Faridkot

CC/22/35

Simerjit Kaur Supple - Complainant(s)

Versus

HDFC Bank of Others - Opp.Party(s)

Kirandeep sharma

08 Sep 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FARIDKOT

 

            Complaint No. :             35 of 2022

Date of Institution :        16.03.2022

Date of Decision :           08.09.2022

 

Simerjit Kaur Supple wife of Dharminder Singh r/o Mohalla Mahi Khana, Street No.03, Faridkot now, r/o #148 Street No. 6, Rose Enclave, Talwandi Road, Faridkot, Tehsil and District Faridkot.                            

                         .....Complainant

Versus

 

1. H.D.F.C. Bank, Branch Circular Road, Faridkot through its Branch Manager.
2. Vaneet employee of H.D.F.C. Bank, Branch Circular Road, Faridkot.
3. Dinesh employee of H.D.F.C. Bank, Branch Circular Road, Faridkot.

..........OPs

 

Complaint under Section 35 of the

Consumer Protection Act, 2019.

 

Quorum:     Smt Param Pal Kaur, Member,

                     Sh Vishav Kant Garg, Member.

Present:       Sh Kirandeep Sharma, Ld Counsel for Complainant,

 OPs Ex-parte.

cc no.-35 of 2022

ORDER

(Param Pal Kaur, Member)

                                           Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against OPs for deficiency in service and for directing them to shorten the period of personal loan from 5 years to 4 years, to refund the amount of Rs.6,561/-and overdue charges deducted from his account and for further directing them to pay Rs.50,000/-as compensation for harassment and mental agony suffered by her alongwith litigation expenses.

2                                   Briefly stated, the case of the complainant is that on assurance of OP-2 that Ops provide personal loan at marginal interest rates, complainant took loan of Rs.7 lacs. OP-2 assured her that she had to pay the laon amount alongwith interest within 4 years in the form of Rs.15,363/-per month as EMI and OP-2 obtained signatures of complainant on printed forms and assured to disburse the loan amount within short period. On 23.12.2019, OPs disbursed the amount of Rs.6,95,199/-instead of Rs. 7 lacs and illegally deducted Rs.6,561/-as insurance premium. When complainant came to know that OPs deducted Rs.6,561/-on account of insurance premium with her consent, she requested them to refund this amount illegally deducted from laon

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amount of Rs. 7 lacs, but OPs kept putting her off on one pretext or the other. Even no policy document was ever issued by them to her. On approaching OPs, Op-2 and Op-3 admitted their fault and assured to solve the matter, but they did not do anything. Complainant also made calls to OP-2 and OP-3 but all in vain. Whatsapp messages sent by complainant to them, also bore no fruit. Ops also imposed overdue charges, whereas complainant never delayed or defaulted any instalment and enhanced the loan period from 4 years to 5 years. Complainant made several requests to Ops to shorten the loan period and to refund the amount of overdue charges and insurance premium illegally deducted by them from his account, but they paid no heed to her genuine requests. Ops did nothing useful to redress the grievance of complainant. All this amounts to deficiency in service and has caused huge harassment and mental agony to complainant. He has prayed for accepting the present complaint alongwith compensation and litigation expenses besides the main relief. Hence, the present complaint.

3                                              Ld Counsel for complainant was heard with regard to admission of the complaint and vide order dated 29.03.2022,

 

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complaint was admitted and notice was ordered to be issued to the opposite parties.

4                                      Notice containing copy of complaint alongwith relevant documents was sent to OPs. It was duly served through Peon, but nobody appeared in this Commission on date fixed either in person or through counsel on behalf of OPs. Statutory period expired. Despite long waiting till 4.00 O’clock, when no one appeared on behalf of OPs, on date fixed then, all OPs i.e OP-1, OP-2 and OP-3 were proceeded against ex parte vide order dated 17.06.2022.

5                                                         Proper opportunity was given to complainant to lead evidence to prove her pleadings. Ld counsel for complainant tendered in exparte evidence affidavit of complainant Ex.C-1 and documents Ex C-2 to C-10 and then, closed the evidence on behalf of complainant.

6                                                      We have heard the ex-parte arguments advanced by ld Counsel for complainant and have also carefully gone through the case file and record available.

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7                                  From the careful perusal of record, it is observed that case of the complainant is that complainant availed personal loan of Rs.7 lacs from OPs on their assurance that they charge marginal interest over personal loan. Complainant has alleged that as per assurance of Ops, she had to repay the loan amount within 4 years in the form of  EMI of Rs.15,363/-. Complainant has further alleged that Ops obtained her signatures on printed forms. On 23.12.2019, OPs disbursed the amount of Rs.6,95,199/-instead of Rs. 7 lacs and illegally deducted Rs.6,561/-as insurance premium. OPs did not take consent of complainant prior to insurance and also did not supply her any policy or policy document. Moreover, against their assurance, OPs enhanced the loan period from four to five years without any reason. Grievance of the complainant is that despite repeated requests, several phone calls, messages and even issuance of legal notice by complainant through her counsel to OPs, OPs did not bother to pay heed to his requests and did not do anything needful to redress her grievance which amounts to deficiency in service. On the other hand, there is no rebuttal from OPs side. Despite service, they did not bother to come present in Commission to contest the allegations levelled by complainant.

 

cc no.-35 of 2022

8                            It is made out that inaction on the part of OPs in not refunding the amount of Rs.6,561/-deducted by them on account of insurance premium, amounts to deficiency in service. Without taking the consent of complainant, OPs should not have done any insurance, which amounts to trade mal practice. Act of OPs in enhancing the loan period from four years to five years is also illegal and unlawful and seems inappropriate. Despite repeated requests, OPs have neither refunded the amount deducted on account of premium charges nor have shortened the loan period from five to four years. Meaning thereby they have failed to redress the grievance of complainant and it amounts to deficiency in service and trade mal practice on their part.

9                              Ld Counsel for complainant has brought out attention towards document Ex C-2 that is copy of account statement of complainant for the period from 09.12.2019 to 20.01.2022 that clearly depicts the entry made on date 23.12.2019. This entry proves the pleadings of complainant that from the sanctioned loan amount of Rs. 7 lacs, OPs debited Rs.6,561/- on account of insurance premium from her account without taking her consent and even without providing any policy document to her. No ground is made out for OPs to deduct premium amount from the account of complainant without telling her

cc no.-35 of 2022

regarding said insurance policy and without taking her requisite consent. Ex C-3 copy of legal notice got served by complainant to OPs through her counsel, also justifies the pleadings of complainant that she suffered huge harassment at the hands of OPs. Ex. C-7 is copy of letter dated 26.11.2021 written by complainant to Manager , HDFC, Circular Road, Faridkot  that itself explains the entire grievance of complainant that OPs intentionally enhanced the loan period from four years to five years and illegally did insurance policy and debited premium amount from the account of complainant without taking her consent. Complainant has placed on record sufficient and cogent evidence to prove her pleadings besides all the documents placed on record by complainant are authentic and are beyond any doubt.

10                         From the above discussion and keeping in view the pleadings made and evidence produced by complainant, it is made out that there is deficiency in service on the part of OPs bank. Hence, complaint in hand is hereby allowed. Opposite parties are directed to reduce the loan period from five years to four years. Moreover, the amount of Rs.6,561/- that has been illegally and arbitrarily  debited by OPs under the guise of insurance premium from the account of complainant without taking her consent vide entry dated

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23.12.2019, be also refunded to the complainant with interest as per prevalent rate for saving accounts or policy against which said amount is debited, be issued to complainant. Ops are further directed to pay Rs.5,000/- to complainant as consolidated compensation for harassment and mental agony suffered and as litigation expenses incurred by her on present complaint. Compliance of this order be made within one month of receipt of copy of the order failing which complainant shall be entitled to initiate proceedings under section 71 and 72 of the Consumer Protection Act, 2019. Copy of the order be supplied to parties free of costs as per law. File be consigned to record room.

Announced in Commission

Dated: 08.09.2022

 

(Vishav Kant Garg)                 (Param Pal Kaur)   

  Member                                   Member                                  

 

 

 

 

 

 

cc no. 35 of 2022

Simerjit Kaur     Vs    HDFC Bank

 

Present:       Sh Kirandeep Sharma, Ld Counsel for Complainant,

 OPs Ex-parte.

                    Exparte arguments heard. Vide our separate detailed order of even date, complaint in hand is hereby allowed. Copy of the order be supplied to parties free of cost as per law. File be consigned to the record room. 

Announced in Commission

Dated : 08.09.2022

(Vishav Kantt Garg)                     (Param Pal Kaur)    

 Member                                       Member