^{STATE CONSUMER DISPUTES REDRESSAL COMMISSION,}

                            ^{UNIONTERRITORY,CHANDIGARH}

^{1.      Chandigarh.}

^{2.      Chandigarh.}   

^{.…Appellants/Complainants}

^VERSUS

^{1.      HDFCBankLtd.HDFCBuilding, Industrial Area Phase-I,Chandigarh}

^2.      

^BEFORE:

^{JUSTICE SHAM SUNDER (RETD.), PRESIDENT}

^{Argued by:Sh.Sandeep Bhardwaj, Advocate for the appellants.}

^{PER PADMA PANDEY, MEMBER}

                  ^{This appeal is directed against the order dated 20.01.2014, rendered by the District Consumer Disputes Redressal Forum-II, UT, Chandigarh (hereinafter to be called as the District Forum only) vide which it disposed of the Criminal Complaint bearing No.15/2012 in the terms, contained therein.}

^{2.                    The complainants filed Consumer Complaint No.403/2008} 

“4.   

i)                  Recast and re-schedule the installments of the LAP account with interest @10% per annum and in the case of OD account with interest @11% per annum. The revised and updated schedule of installments be supplied to the complainants forthwith. 

ii)                The OPs shall also readjust the principal amount as under:-

Difference of principal amount in the Loan Accounts

iii)              The OPs shall further make the following payments to the complainants:- 

a)  

b)   

c)  

iv)               The OPs shall further pay a compensation of Rs.50,000/- for physical harassment and mental agony / pain caused to the complainants on account of their deficiency in service and indulgence in unfair trade practice.

v)                 Rs.5,000/- as litigation expenses.

5.  

^{3.                    Since, the respondents/Opposite Parties failed to comply with the order dated 30.04.2009, Criminal Petition under Section 27 of the Act, was filed by the complainants/decree holders.}

^{4.                    After hearing the Counsel for the Decree Holders/complainants, Counsel for the respondents/ Opposite Parties/Judgment Debtors, and, on going through the record of the case, the District Forum, disposed of the Criminal Petition under Section 27 of the Consumer Protection Act, 1986 vide its order dated 20.01.2014.}

^{5.                    Feeling aggrieved, the instant appeal, under Section 27-A of the Consumer Protection Act, 1986, was filed by the appellants/complainants.}

^{6.                    We have heard the Counsel for the appellants/complainants, at the preliminary stage, and, have gone through the record of the case, carefully.} 

^{7.                    The Counsel for the appellants/complainants submitted that the District Forum erred on facts as well as in law, inasmuch as, an amount of Rs.2,77,067.19 P was the differential amount of interest, payable in the overdraft account out of which the}  

^{8.                    After giving our thoughtful consideration, to the submissions, raised by the Counsel for the appellants/complainants, and the record of the case, we are of the considered opinion, that the appeal is liable to be dismissed, at the preliminary stage, for the reasons to be recorded hereinafter. It is evident from Annexure/1, Annexure A/2 to Annexure A-5 details of the amount of Rs.6,32,664/- paid to the complainants vide cheque No.017788 dated 15.07.2010, detailed re-scheduled loan against property (LAP) account and the rescheduled overdraft (OD) account statement, were in compliance of the order dated 30.04.2009 passed by the District Forum. On comparison of the relevant documents of LAP account i.e. Annexure A/2, as well as Annexure DH-2, DH-3 and DH-6 filed by the parties, it is revealed that the Opposite Parties rescheduled the LAP account of the complainant since 07.05.2009 i.e. immediately after the date of the order of the Forum i.e. 30.04.2009, wherein the outstanding principal of Rs.21,93,386/- was shown in the opening balance and thereafter the account was}   

^{9.                     In support of the application for rescheduled loan and calculations, Sh.Rajesh Bhatia, Legal Manager of the HDFC Bank Ltd., Industrial Area, Phase-I Chandigarh filed his affidavit, the relevant part of which reads as under:-}

^{The perusal of the above affidavit shows that the respondents complied with the order dated 30.04.2009 and the necessary payments were made to the complainants. It will not be out of place to mention here that the Criminal Complaint filed by the complainants, could only be satisfied after the details of Annexures/1, A-2 and A-3 were placed, on record, by the respondents on 17.06.2013 i.e. after about one year and 4 months and after Sh.Deepak Vinayak, Manager Operations of the respondents, having suffered a statement dated 03.05.2013 promising to comply with the order dated 30.04.2009 passed by the District Forum within 15 days. The District Forum was right in observing that the respondents could have done the needful at the outset when the order of this Forum dated 30.04.2009, against which no appeal was filed, and which had attained finality but they (respondents) took 4 years to comply with this order and compelled the complainants to seek the shelter of the District Forum for compliance. The District Forum vide its order dated 20.01.2014 rightly saddled the respondents with cost of Rs.10,000/- for having wasted the precious time and causing further trouble to the complainants in filing the criminal complaint. Since the order dated 30.04.2009 already stands complied with and the necessary payments have already been made to the complainants, we are of the considered view that the District Forum was right, in disposing of the criminal complaint, in the terms mentioned in its order dated 20.01.2014.}

^{10.                  The order passed by the District Forum, does not suffer from any illegality or perversity, warranting the interference of this Commission.}

^{11.                  For the reasons recorded above, the appeal, being devoid of merit, must fail, and the same is dismissed, at the preliminary stage, with no order as to costs. The order of the District Forum is upheld.}

^{12.                  Certified Copies of this order be sent to the parties, free of charge.}

^{13.                  The file be consigned to Record Room, after completion.}

Pronounced.

01.04.2014  [JUSTICE SHAM SUNDER [RETD.]

                                                                                                                       [DEV RAJ]

Sd/-

^{[PADMA PANDEY]}

^MEMBER

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