Kerala

Thiruvananthapuram

CC/120/2022

Feba S - Complainant(s)

Versus

HDFC Bank - Opp.Party(s)

31 Mar 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

 

PRESENT

 

               SRI.P.V.JAYARAJAN           : PRESIDENT

          SMT.PREETHA G NAIR     : MEMBER

           SRI.VIJU.V.R                       : MEMBER

CC.NO.120/2022 (Filed on : 01/04/2022)

ORDER DATED : 31/03/2023

COMPLAINANT

Feba.S

Jessy Bhavan, Parottukonam,

Nalanchira.P.O

Pin – 695015

(Party in person)

                                                   VS

OPPOSITE PARTY

HDFC Bank Ltd,

Premier Towers, TC 25/2344,

Mahatma Gandhi Rd, Ayurveda College,

Thiruvananthapuram, Kerala - 695001

(By Adv.T.L.Sreeram)

ORDER

SRI.P.V.JAYARAJAN                  : PRESIDENT

1. This complaint is filed under section 35 of Consumer Protection Act 2019 and stood over to this date for consideration and this Commission passed the following order.

2.  This is a complaint filed by the complainant against the opposite party alleging deficiency in service on the part of the opposite party. After admitting the complaint notice was issued to the opposite party. The opposite party entered appearance and filed written version denying the allegation raised by the complainant. The case of the complainant in short is that she has obtained a loan from opposite party for purchase of a two wheeler and she was paying monthly installments by online. Inspite of remitting the installments, she has not received any message from the opposite party. She has paid 12 months EMI. Inspite of paying that amount the opposite party insisted for payment of Rs.5335/- (Rupees five thousand three hundred and thirty five only) towards installment as well as bouncing charges. As the bank was insisting for that payment, the complainant paid that amount to the opposite party. According to the complainant the payment of Rs.9335/- (Rupees nine thousand three hundred and thirty five only) it is illegal and arbitrary. Hence alleging deficiency in service on the part of the opposite party the complainant approached this commission for redressing her grievances.

3.       The opposite party filed written version contending that the complainant while availing two wheeler loan executed a loan agreement by which she has agreed to repay the loan amount with a monthly installment of Rs.2620/- (Rupees two thousand six hundred and twenty only) with a total duration of 40 months commencing from 04/12/2019. The complainant had submitted ECS Mandate Form take 24/10/2019 duly signed by her towards repayment of installment amount, as per the payment schedule and agreed that sufficient balance will be kept in her account maintained with Vijaya Bank. However, she failed to maintained sufficient balance in her account and several installments were bounce due insufficient funds in her account maintained with Vijaya Bank. Hence the complainant was liable to pay an amount of Rs.9334/-(Rupees nine thousand three hundred and thirty four only) as per terms of loan agreement. The opposite party further contended that there is no deficiency in service or unfair trade practice from the side of the opposite party and hence the complaint is to be dismissed.

4.       The complainant has not filed any affidavit or documents.

5.       Heard. Perused records. It is found that though the complainant has raised allegations against the opposite party, she has not adduced any evidence by way of affidavit or documents to substantiate her case against the opposite party, inspite of giving sufficient opportunities. As the complainant was continuously absent, a notice was issued from this commission to the complainant to appear before this commission on 06/12/2022. The said notice was returned with endorsement “addressee left”. As the complainant has not filed affidavit or documents to substantiate her allegations, we find that the complainant has miserably failed to establish her case against the opposite party. In the above circumstances, we find that this is a fit case to be dismissed.

                   In the result, complaint is dismissed. There will be no order as to costs.  

        A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

  Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Commission, this the 31^st day of March 2023.   

 

 

                                                                             Sd/-

P.V.JAYARAJAN    : PRESIDENT

                                                                                      Sd/-

        PREETHA G NAIR      : MEMBER

                                                                                           Sd/-

                          VIJU.V.R    : MEMBER

 

 

 

 

 

 

 

 

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