Tamil Nadu

South Chennai

204/2008

K.Saravanan - Complainant(s)

Versus

ICICI Bank Ltd and 2 others - Opp.Party(s)

M/s K.Ravikumar

06 Jul 2016

ORDER

   Date of Filing :   08.05.2008

                                                                      Date of Order :   06.07.2016

 

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI(SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU. B. RAMALINGAM M.A.M.L.,                     : PRESIDENT

                 TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

                 DR. T.PAUL RAJASEKARAN, M.A PGDHRDI, AIII,BCS : MEMBER II

 

C.C.NO.204/2008

WEDNESDAY THIS 6^TH  DAY OF JULY 2016

 

K. Saravanan,

S/o. Mr. Kannan,

NO.8/85, 6^th Street,

Raja Rathinam Nagar,

Iyyappanthangal,

Chennai – 600 056.                                   ..Complainant

 

                                         ..Vs..

 

1.  The General Manager,

ICICI Bank Limited,

“Landmark”, Race Course Circle,

Vadodara 390 007.

 

2. The General Manger,

ICICI Bank Limited,

ICICI Bank Towers,

Bandra Kurla Complex,

Mumbai 400 051.

 

3. The Regional Manager,

ICICI Bank Limited,

Santhome High Road,

Chennai – 600 028.                                          ..Opposite parties    

 

 

For the Complainant                  :   M/s. K.Ravikumar & another        

For the opposite parties             :   M/s. K.Kumaran (Exparte) 

 

 

 

ORDER

 

THIRU. B. RAMALINGAM PRESIDENT

1.     Complaint under section 12  of the Consumer Protection Act 1986.  The complaint is filed seeking direction against  the opposite parties to rectify the mistake and to refund the amount excessively collected from the complainant and to pay a sum of Rs.1,00,000/- for the mental agony and to pay cost of the complaint.   

2.     Further the opposite parties though appeared through counsel in beginning of this proceedings, but subsequently not filed written version and not contested the case  as such they remained set exparte in this proceedings.  Hence the opposite parties were set exparte on 26.5.2009.     

3.       Perused the complaint filed by the complainant, proof affidavit and the documents Ex.A1 to Ex.A8 filed by the complainant and considered the complainant’s counsel argument.

 

4.     The Complainant has stated that he has borrowed  a personal loan Rs.35,000/- in the month of September 2006 from the 3^rd opposite party.  The loan account No. LTCHE 00007715346, according to the terms and conditions of the said loan the repayment mode is auto debit in 36 equaled monthly installments at Rs.1894/- per month, starting from 5.10.2006 to 5.9.2009.  The complainant has stated that  each and every EMI will be debited on complainant’s saving account No.614301012078 ICICI Bank, Vellore Branch through ECS on 05^th day of every month.  The complainant has accordingly paid the EMI without any default till 5.8.2007.  The complainant has further stated on 21.08.2007 on the request of the 3^rd opposite party has availed new loan by closing the previous loan and accordingly, for sum of Rs.51,072/- on 21.08.2007, the said new loan account No. is LICHE 00011174370.    As per the terms and conditions the said new loan is to be repayable by 36 monthly installments at Rs.2168/- per month starting from 5.10.2007 to 5.09.2010.  Accordingly the complainant is  liable to pay the installments for the above said new loan alone, since, the previous loan mentioned above was closed.  But the opposite parties have instead of deducting amount from his saving bank account for the new loan, have deducted amount for the above said two loans, accordingly they have collected installment for the month of November 2010 which is not proper and despite of the complainant’s request made in several occasions, the opposite parties have not come forward to rectify the accounts.  When complainant enquired, he was informed by the bank staffs that while sanctioning new loan, by mistake instead of closing the complainant’s previous loan account No.LTCHE00007715346, they closed loan account No.LICHE00008149387 of one of the opposite parties’ customer having similar name.   Despite of several demands made by complainant and legal notice issued, the opposite party neither rectified the defect nor recast  the complainant’s account in proper or replied to the complainant properly.    As such complainant has raised grievance over the same and alleging that the opposite parties have committed deficiency of service which caused mental agony and hard ship to the complainant and claims relief of refund of excess amount collected by the opposite parties and to payment of compensation of Rs.1,00,000/- against the opposite parties.

5.     On perusal of the document filed by the complainant the Ex.A1 and Ex.A3 are the documents related to the complaint mentioned first loan availed by the complainant and Ex.A2 and Ex.A4 are related to the complaint mentioned new loan availed by the complainant.  The document  Ex.A5  is related to the alleged another customer’s loan account  No LICHE00008149387 whose name is of the similar name of the complainant.    On perusal of the content  of the Ex.A4 clearly proves  the allegation of the complainant that the opposite party instead of closing the complainant’s previous account No.LTCHE00007715346, the another customer’s loan account No. i.e LICHE00008149387  was closed and the balance amount of the said loan was included in the new loan sanctioned and disbursed to the complainant under Ex.A4.  However the complainant was disbursed a cash amount of Rs.30,813/- by the opposite party, while sanctioning the new loan and the previous loan was not closed and not adjusted in the new loan, as such, the previous loan is kept in due without any disturbance and was let the account to continue.  Therefore due to the said mistake only, the opposite parties have happened to collect two monthly installments from the complainant for the said two loans existing as on the said date.  However the opposite parties would have rectified the said mistake and have recast the newly sanctioned  account suitably, but despite of complainant’s request and approached legal notice, the opposite parties have not done so.  As such the opposite parties have committed deficiency of service is acceptable.  There is no contra evidence on the side of opposite parties, since the opposite parties have remained exparte. 

6.     However the complainant has stated that the opposite party have collected in different monthly installments for the said two accounts by deducting from the complaint’s savings account maintained in the branch of Vellore and claims a refund of excess amount collected from the opposite parties.  But in support of the said contention, the complainant has not filed any documents or even the statement of account of the alleged savings account maintained by him in the Vellore branch.  Even the letters of demand sent by the opposite parties requesting from the complainant for the payment of installments for the said two accounts of the complainant filed herewith as Ex.A8  series  are also not sufficient to prove the alleged excess payment made by the complainant. 

7.     Therefore considered the facts and circumstances of the case   we are of the considered view that the complainant has proved the allegations of deficiency of service  against the opposite parties in not rectifying the mistake committed by the opposite party, while sanctioning the new loan, despite of his request, as such the opposite parties are liable to pay compensation to the complainant.  However the compensation sought for in the complainant is exorbitant, on the facts and circumstances of this case, complainant is entitled for Rs.10,000/- as just and reasonable compensation.

8.     But as far as refund of excess payment claimed by the complainant in the complaint, since it was not proved, the complainant is not entitled for relief in respect of the same. However complainant is liable to repay the first loan of Rs.35,000/- availed by him and also a sum of Rs.30,813/- received under the sanction of new loan to the opposite parties.  At the time of filing this complaint the above said amounts under the  above said loans are due by the complainant to the opposite parties.    Further it is also pertinent to mention that the complainant has not stated whether the said loan amounts availed by the complainant under account No.LTCHE 00007715346 and another loan amount of Rs.30,813/- by the complainant, while sanctioning new loan  under Ex.A4 have paid to the opposite parties.   Therefore we are of the considered view that the opposite parties can be directed suitably in this regard by rectifying  the alleged second loan as loan for Rs.30813/- (the amount received by the complainant) instead of as a loan for Rs.51,072/- and to recast the said loan account.   

In the result, this complaint is partly allowed.  The opposite parties are jointly and severally directed to rectify and recast the complaint mentioned second loan account No.LICHE 00011174370 as a loan for Rs.30,813/- instead of loan for Rs.51,072/-  of the complainant in  proper manner and also to pay a sum of Rs.10,000/- (Rupees ten thousand only) as compensation and also to pay a sum of Rs.2500/- (Rupees Two thousand and five hundred only) as cost to the complainant within six weeks from the date of this order, failing which the said compensation amount of Rs.10,000/- will carry interest at the rate of 9% p.a. from the date of this order to till the date of payment.

Dictated to the Assistant transcribed and typed by her corrected and pronounced by us on this the  6^th    day  of  July   2016.

 

 

MEMBER-I                                        MEMBER-II                                           PRESIDENT.

Complainant’s Side documents :

Ex.A1-           -        - Copy of Loan repayment schedule.

Ex.A2-                    -        - Copy of Loan repayment schedule.

Ex.A3-           27.10.2007    - Copy of Statement of accounts of the complainant.

Ex.A4- 27.10.2007     - Copy of Statement of accounts of the complainant.

Ex.A5- 27.10.2007     - Copy of Statement of accounts for agreement

                               No.LICHE00007715346.

 

Ex.A6- 10.12.2007     - Copy of legal notice.

 

Ex.A7-                    -        - Copy of Ack. cards.

 

Ex.A8- 11.3.2008      - Copy of letters from the opposite party.

 

         

Opposite parties’ side documents: -  

 

 .. Nil ..          (exparte)

 

 

 

 

MEMBER-I                                         MEMBER-II                                          PRESIDENT.