MR. BIBEKANANDA DAS, MEMBER:-
The Complainant has filed this C.C.Case No. 56/2023 U/s-35 of C.P.Act, 2019 seeking a direction following relief:-
“Hon’ble Commission directed to the Op to pay Rs. 1,00,000/- to the compensate the financial loss & mental agony”.
Notice to Op was sent on dt. 05.04.23 but the Op did not appear and was set ex-parte on dt. 29.08.2023.
Brief fact of this case is that Complainant had taken a loan and paid his EMIs @4,587/- per month regularly, but due to shortage of fund he became a defaulter in paying the EMIs on dt. 06.11.2021 for which the cheque was bounced and Rs. 295/- was deducted from his Account. The Complainant deposited Rs. 5118/- on dt. 09.11.2021 as such he claims to have paid Rs. 531/- as penalty. On dt. 11.11.2021 the Op inspite of receiving Rs. 5,118/- again deducted Rs. 4587/- and when pointed out, the Op-Bank returned the same amount of Rs. 4,587/- after 6 days.
The grievance of the Complainant is that if for defaulting in payment the amount for 3 days , the applicant is imposed with penalty of Rs. 531/-, then why the Op shall not be liable to pay the same amount for 6 days delay in refunding the amount.
The Bank deduct the cheque bounce charge amounting to Rs. 295/- is due to be paid by the Complainant as he defaulted in paying the amount, but taking penalty and not paying the same rate of amount in cash it is kept by the Op amounts to deficiency in service and unfair trade practice as defined U/s-2(7) & (47) of C.P.Act, 2019.
As such we held that the Op has committed deficiency in service and Unfair trade Practice and liable to pay the double amount as has been taken by the Op as the Op has retained for double period than the defaulted period of Complainant. We also award cost of Rs. 1000/- towards mental agony and Rs. 1000/- towards cost of this litigation. The Op shall carryout the order within a period of 45 days, failing which the Complainant is at liability to file execution proceeding under the C.P.Act, 2019.
With the aforesaid observation and direction the C.C.Case No. 56/2023 is allowed & accordingly disposed off. Issue extract of the order to the parties for compliance.
Pronounced in the open Commission, on this the 13th day of December,2023.
I, agree.
Sd/- Sd/-
PRESIDENT MEMBER
