Tamil Nadu

South Chennai

CC/354/2005

Saraswathi Ravi - Complainant(s)

Versus

ICICI Bank Ltd., - Opp.Party(s)

S.A.Samiullah

05 Sep 2017

ORDER

                                                                        Date of Filing :  27.06.2005

                                                                        Date of Order :  05.09.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

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

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

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

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

C.C.NO.354/2005

TUESDAY THIS 5^TH DAY OF SEPTEMBER 2017

 

Mrs. Saraswarthi Ravi,

W/o. Ravi Thiyagarajan,

No.2/25, Singar Street,

Mylapore, Chennai – 4.                               .. Complainant

                                        ..Vs..

 

1.  The Manager,

ICICI Bank Ltd.,

Customer Service Department,

Empire Complex, 2^nd Floor,

414, Senapati Bapat Marg,

Lower Parel (West),

Mumbai 400 013.

 

2. The Manager

ICICI Bank Ltd.,

Personal Loan Section,

Cenotaph Road,

Chennai 600 108.

 

3. The Manager,

ICICI Bank Ltd.,

Kotturpuram Branch,

46, Gandhi Mandapam Road,

Kottupuram, Chennai 600 085.                      .. Opposite parties.

 

Counsel for Complainant          :    M/s. S.Samiullah    

Counsel for opposite party       :    M/s.K.Kumaran       

ORDER

THIRU. M. MONY, PRESIDENT

          This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act 1986 seeking direction to pay sum of Rs.2,00,000/- as monetary compensation towards the mental agony and torture.

 1. The averment of the complaint in brief are as follows:

        The complainant submit that  he has availed a sum of Rs.61,000/- towards personal loan from the opposite parties bank with condition that the said amount shall be repaid within 36 equally monthly installments at the rate of Rs.2250/- commencing from 2003.  The complainant was regularly paying the payment without any default.  Further the complainant state that the opposite party  bank approached the complainant and offered a  further loan in a sum of Rs.67,000/- which is also payable in 36 equal monthly installments.   The complainant submit that the opposite party without obtaining any application for 2^nd loan sanctioned and credited a sum of Rs.39,008/- into the loan account of the complainant after adjusting the balance amount in the first loan i.e. Rs.28,009.04.   The opposite party also obtained blank cheque duly signed by the complainant as security.      The complainant also state that it is the duty of the opposite parties that after settlement of the first loan amount by way of adjustment of the same in the new loan amount to return the cheques and other related papers to the complainant immediately.   Accordingly the complainant sent the legal notice to the opposite parties on 23.3.2005.  In reply the opposite parties by way of their letter dated 26.4.2005, had returned only the chques given for the first loan but they had failed and neglected to return the other papers as required for.    As such the act of the opposite parties clearly amounts to gross deficiency in service and thereby caused harassment, mental agony  and hardship to the complainant.  Hence the complaint is filed.

2. The brief averments in Written Version of  the opposite party    are as follows:

        The opposite parties deny each and every allegation except those that are specifically admitted herein.   The opposite parties submit that they would contend that the first loan of Rs.61,000/- was sanctioned towards personal loan and the complainant is paid the EMI regularly.  While so at the request of the complainant  a second loan was sanctioned to the tune of Rs.67,000/-.  Immediately after sanction of the 2^nd loan the opposite party closed the 1^st loan from the amount of 2^nd loan and credited a sum of Rs.39,008/- into the loan account of the complainant.   While sanctioned the 2^nd loan the balance in the 1^st loan  being Rs.28,099/- was also deducted from the 2^nd loan amount.   As per the bank liens the opposite party is entitled to close the first loan and top up loan can be granted.   Hence there is no deficiency of service on the part of the opposite parties and therefore this complaint is liable to be dismissed.

3.      In order to prove the averments of the complaint, the complainant had filed proof affidavit as his evidence and documents Ex.A1 to Ex.A7 marked.  Proof affidavit of opposite parties  filed and no documents marked on the side of the opposite parties.  

4.   The points for the consideration is: 

1.  

 

 

 

5. On Point:

The complainant has not turned up to advance any oral argument;after filing written arguments.Oral arguments of opposite parties heard.The complainant pleaded in the complaint and contended that he has availed a sum of Rs.61,000/- towards personal loan from the opposite parties bank with condition that the said amount shall be repaid within 36 equal monthly installments at the rate of Rs.2250/- commencing from 2003.While the complainant was regularly paying the EMI without any default, the opposite partybank approached the complainant and offeredfurther loan of Rs.67,000/- which is also payable in 36 equal monthly installments.The opposite party without obtaining any application for 2^nd loan, sanctioned the amount of Rs.67000/- and credited a sum of Rs. 39,008/- into the loan account of the complainant after adjusting the balance amount in the first loan i.e. Rs.28,009.04.The opposite partiesobtained blank cheques duly signed by the complainant as security at the time of 1^st loan.The opposite party even after clearing the first loan retaining the cheques for the reasons best known to them.The complainant furthercontended in the written arguments that on 17.1.2005 the opposite party sent a letter demanding a sum of Rs.2252/- towards the 1^st loan amount and penal chargeswhich has been already settled in December 2004 as per Ex.A3.Hence the complainant was constrained to send legal notices Ex.A4 & Ex.A5.But the opposite party has not given any reply.The claim of Rs.2252/- towards first loan and penal charges is arbitrary and caused great mental agony to the complainant.Hence the complainant claimed a sum of Rs.2,00,000/- towards mental agony with cost.

6.  

        In the result, the complaint is allowed in part.The opposite parties 1 to 3 are jointly and severally liable to pay compensation of Rs.10,000/- (Rupees Ten thousand only) towards mental agony for such deficiency of service with cost of Rs.5000/- (Rupees Five thousand only) to the complainant.

       The aboveamounts shall be payable within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a to till the date of payment.       

  Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the  5^th   day  of  September  2017.  

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainants” side documents:

Ex.A1- 13.12.2004         - Copy of letter from the opposite party to the complainant.

Ex.A2- 21.12.2004         - Copy of letter to the ICICI Bank, Nandanam Branch,

Ex.A3- 17.1.2005  - Copy of letter from the third opposite party to the

                               complainant.

 

Ex.A4- 25.1.2005  - Copy of legal notice sent to the opposite parties.

Ex.A5- 23.3.2005  - Copy of legal notice sent to the opposite parties.

Ex.A6- 23.4.2005  - Copy of statement of account.

Ex.A7- 26.4.2005  - Copy of letter from the 1^st opposite party to the

                               complainant.

 

Opposite parties’ side document: -  .. Nil..

 

 

MEMBER-I                        MEMBER-II                             PRESIDENT.