Haryana

Kurukshetra

167/2018

Dilbag - Complainant(s)

Versus

HDFC Bank - Opp.Party(s)

19 Sep 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KURUKSHETRA.

 

Consumer Complaint No.167 of 2018.

Date of instt. 01.08.2018.             

Date of Decision: 19.09.2019.

 

Dilbag Rai son of Sh. Parsana Ram, r/o House No.525 Part-II HUDA Shahabad Markanda, District Kurukshetra.

                                                                        ……….Complainant.                                       Versus              

 

H.D.F.C Bank Shahabad Markanda through Manager.

 

..………Opposite party.

 

Complaint under section 12 of Consumer Protection Act.

 

Before       Smt. Neelam Kashyap, President.    

                   Ms. Neelam, Member.       

                   Shri Sunil Mohan Trikha, Member.                                               

Present:     Complainant in person.       

 Shri Rajan Chawla, Advocate for opposite party.

 

ORDER

                                                                         

                    This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Dilbag Rai against HDFC Bank, the opposite party.

2.             The brief facts of the complaint is that on 18.4.2017, the complainant had obtained personal loan of Rs.5,35,000/- from the opposite party through account number 50100014684227 and the loan installment was of Rs.18,281/- which included Rs.12,000/- against principal amount and about Rs.6000/- as interest and the complainant is paying the installments regularly. That now complainant wants to deposit the balance loan installments with the op in one time for which the complainant contacted op on 25.6.2018 and asked how much amount is outstanding against him upon which the op stated that loan amount of Rs.3,52,500/- is outstanding against him up to 25.06.2018. It is further averred that complainant gave a cheque bearing No.000033 dated 25.06.2018 of the amount of Rs.3,52,500/- to the official of the bank but the said official of the bank refused to receive the cheque and stated that besides the balance amount he has to give amount of one installment i.e. he has to give cheque of total amount of Rs.3,70,718/- and then he will receive the cheque otherwise he will not receive the cheque of Rs.3,52,500/-. Thereafter, the complainant sent the said cheque to the OP through post and mentioned his address as House No.525, Part-II Huda, Shahabad Markanda, but at the time of taking the loan, he had given address of his old residence as House No.401/15 Mohalla Satya Nagar, Shahabad Markanda, Distt. Kurukshetra, but the OP knowingly did not send the cheque at his new address and sent the cheque at his old address and he did not receive the said cheque. It is further averred that the complainant had also obtained another personal loan of Rs.1,25,000/- from the OP on 24.11.2017 through account number 1019010004665309 and the whole amount was repaid by the complainant. That an amount of Rs.92,306/- was payable by the complainant but the OP knowingly received an extra amount of Rs.4,058/- from the complainant and as such the OP received amount of Rs.96,364/- from the complainant with force and as such the OP received the amount of Rs.4,058/- from the complainant illegally and now the OP is demanding an amount of Rs.3,70,718/- instead of Rs.3,52,500/- i.e. Rs.18,218/- in extra and the OP wants to illegally recover the said amount from the complainant and is harassing the complainant. Hence, this complaint.

3.             On notice, opposite party appeared and filed reply raising certain preliminary objections regarding locus-standi; maintainability; cause of action. On merits, it is stated that the complainant obtained personal loan from the OP bank vide loan no.4419523 of Rs.5,35,000/- which was to be repaid in 36 equal installments of Rs.18,218/- each to be paid from 7^th May, 2017 to 7^th April, 2020 for which the complainant executed the loan documents/ agreement in favour of OP bank. The complainant agreed to comply with all the terms and conditions of the loan agreement executed in favour of the bank. The complainant also agreed to repay the loan amount in monthly EMIs as fixed by the bank at the time of disbursement/ finance, the complainant also agreed that he will pay the fore closure charges in case of loan amount is paid prior to the loan tenure. In the present case, if the complainant wants to pay the loan amount prior to the loan tenure, he is liable to pay the fore closures charges as per the agreement. It is further submitted that complainant has not provided second loan account, hence the bank is not able to file the reply for the loan amount of Rs.1,25,000/-, hence, the bank reserves its right to file the amended/ fresh written reply as and when the documents/ particulars of the loan account of Rs.12,5,000/- is provided to the OP bank. It is further submitted that cheque was sent to the complainant by way of post on the address available with the bank as provided by the complainant. The complainant has never requested or informed the bank regarding the change of address and prayed for dismissal the complaint with costs.

4.             The complainant tendered his affidavit Ex.CW1/A and documents Ex.C1 to Ex.C8. On the other hand, OP tendered affidavit Ex.RW1/A and documents Ex.R1 to Ex.R3.

5.             We have heard the complainant and the learned counsel for the OP and have perused the case file carefully.

6.             The complainant has argued that he wants to deposit the balance loan installments in one time with the OP and as such, he gave a cheque bearing No.000033 dated 25.6.2018 of the outstanding amount of Rs.3,52,500/- to the official of the bank, but he refused to receive the same and asked him to give amount of one installment and cheque of total amount of Rs.3,70,718/-. He sent the said cheque to the OP through by mentioning his address “House No.525 Part-II Huda, Shahabad Markanda”, but at the time of taking loan he had given address of his old residence as House No.401/15 Mohalla, Satya Nagar, Shahabad Markanda, Distt. Kurukshetra. The OP intentionally sent the cheque at his old address instead of his new address, as such, he did not receive the cheque. Now the OP demanding an amount of Rs.3,70,718/- instead of Rs.3,52,500/- i.e. Rs.18,218/- in extra. He further argued that there was a written agreement between the complainant and the OP and the complainant has put his signature on that agreement and after that, the loan file was prepared by the OP.

7.             On the other hand, the learned counsel for the OP has argued that the complainant obtained personal loan from the OP bank of Rs.5,35,000/- and in this regard, an Online Agreement Ex.R1 (B) was executed between the complainant and the OP. As per that agreement, if the complainant wants to pay the loan amount prior to the loan tenure, he is liable to pay the fore closures charges. It is further submitted that since the complainant has not provided second loan account, hence the bank is not able to file the reply for the loan amount of Rs.1,25,000/-. It is further argued that the cheque was sent to the complainant by way of post on the address available with the bank as provided by the complainant. The complainant has never requested or informed the bank regarding the change of address. He further argued that the complainant has taken the loan “Interest Rate (Fixed Rate)” @13.74% per annum. The learned counsel for the OP has submitted Schedule-Cum-Key Fact Statement on 05.06.2019 as Ex.R1 and according to that, Loan Prepayment Charges were demanded from the complainant by the OP, so there is no deficiency on the part of the OP.

8.             Admittedly, the complainant had taken a personal loan of Rs.5,35,000/- from the OP bearing Account No.50100014684227 vide statement of account Ex.C-1. Since the OP had levied the foreclosures charges on the complainant, therefore, it is duty of the OP to produce any document or signed agreement in this regard. To support its contention, the OP produced instructions of Reserve Bank of India as Ex.R2. Perusal of said instructions, it is crystal clear that the said instructions regarding levy of foreclosure charges/pre-payment penalty on Floating Rate Term Loans, whereas, the loan of the complainant was Fixed Rate mode loan, as is evident from Schedule-Cum-Fact Statement Ex.R1. Meaning thereby, these instruction do not apply in the account of the complainant. The OP produced computerized/Online copy of agreement between the OP and the complainant and there is nowhere signature of the complainant on it. Moreover, the OP has also failed to produce any written acceptance of this agreement by the complainant, without which, the contention of the OP regarding foreclosures charges levied by the OP in the personal loan account of the complainant, cannot be believed. Hence, by charging the amount as foreclosures charges, the OP is deficient. From the Ex.R-2, it is clear that the OP charged Rs.11,789/- as foreclosures charges, but the OP is not entitled to charge the same. The complainant went to the OP bank to deposit a cheque bearing No.000033 dated 25.06.2018 amounting Rs.3,52,500/- but the OP demanded the foreclosures charges and refused to deposit the said cheque. As such, the complainant sent the said cheque to the OP through registered post dated 25.06.2018 alongwith the application with a request to deposit the same in his account, as is evident from Ex.C-3, but the OP had sent back the said cheque to the complainant and this fact is also admitted by the OP in their reply. Thereafter, the OP had received a cheque bearing No.41 dated 11.01.2019 amounting Rs.2,61,946/- from the complainant before this Forum on 11.01.2019. Since the OP had deposited the cheque on 11.01.20219 in the account of the complainant instead of dated 25.06.2018, as such, the OP charged the interest from the complainant on that amount from 25.06.2018 to 11.01.2019. In these facts and circumstances of the case, we are of the considered view that the OP being deficient one, is not only liable to refund the amount of Rs.11,789/-, deducted from the account of the complainant as foreclosures charges, but also liable to refund the interest amount taken by the OP after 25.06.2018 till 11.01.2019 alongwith compensation charges.

9.             In view of the aforesaid discussion, we hereby allow the present complaint and direct the OP in the following manner:-

1. To refund Rs.11,789/-.
2. To refund the interest amount, which was taken by the OP from the complainant, after 25.06.2018 till 11.01.2019.
3. To pay Rs.5,000/- as compensation for mental agony and physical harassment suffered by the complainant.

 

                The OP is further directed to comply with the aforesaid directions within the period of 30 days from the date of receipt of the certified copy of this order, failing which, the awarded amount shall carry interest @ 9% per annum for the period of default. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the record-room, after due compliance.

Announced in open Forum:

Dt.:19.09.2019. 

                                                                        (Neelam Kashyap)

                                                                        President.

(Neelam)           (Sunil Mohan Trikha)        

                Member             Member