DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016.

Case No.660 of 2009

Sh. Ajai Dutta

C/o Career Avenues

K-2 Green Park Main (Basement)

New Delhi-110016                                                ….Complainant

Versus

ICICI Bank Limited

(through its Manager)

Green Park Extension,

New Delhi-110016                                                ……Opposite Party

                                                          Date of Institution          : 25.08.09                                                            Date of Order        : 24.05.16

Coram:

Sh. N.K. Goel, President

Ms. Naina Bakshi, Member

O R D E R

Briefly stated, the case of the Complainant is that  he took car loan from the OP on 01.10.04 and was allotted a loan account No.LADEL00002664018. After taking the loan, the Complainant  paid entire loan installments consisting of 46 in nos. of Rs.7410/- each through ECS alongwith interest as per loan agreement. On 12.04.07, while reviewing his account statement with respect to the loan agreement,  the Complainant found that during the month of March, 2005 he had been charged twice for the same month for 1 installment of Rs.7410/-. Upon the complaint being made by the Complainant the OP  after finding its fault and realizing its folly sent a cheque dated 18.07.07 for Rs.7170/- in favour of the Complainant for the amount extra charged vide letter dated 20.04.07. The Complainant was shocked and surprised to note that the cheque was for Rs. 7170/- and not for Rs. 7410/- and hence less payment of Rs. 240/- was made.  Having made several complaints to the OP for payment of interest @ 12% per annum on Rs.7410/- for two years and refund of Rs.240/- towards extra charges,  there was no response from the OP.  Blaming OP for deficiency in service, the Complainant has  invoked jurisdiction of this Forum praying for refunding Rs.240/- illegally deducted alongwith interest @ 12% on Rs.7410/- extra deducted and Rs.25,000/- for physical harassment and mental agony  and Rs.15,000/- towards litigation cost.

OP has filed its reply admitting that as soon as the Complainant raised the issue regarding extra payment made by him in the month April, 2007 the OP returned the amount of Rs.7170/- after deducting Rs.240/- towards bounce and OD charges that had been incurred as a result of the customer’s EMI that had bounced in July’ 06. Therefore, OP has pleaded for dismissal of the complaint.

Complainant has filed rejoinder to the reply of OP reiterating the averments made in the complaint.

Complainant has filed his own affidavit in evidence while affidavit of Sh. Sanjay Sharma, Manager Legal has been filed in evidence on behalf of the OP.

No written arguments have been filed on behalf of the parties.  

We have heard the arguments on behalf of the Complainant and have also gone  through the material placed on record very carefully.

Admittedly, the OP has refunded Rs.7170/- after deducting Rs.240/- towards alleged bounce and OD charges  for a transaction which took place in July 2006. Onus to prove this fact was on the OP.    OP has not filed any document to show that an amount of Rs. 240/- was due to be paid by the complainant to the OP towards EMI that had bounced in July 2006.  The case of the OP is that the amount of Rs. 240/- from out of Rs. 7410/- had been deducted towards the complainant’s EMI that had bounced in July 2006.  Thus, we hold that the deduction of the said amount of Rs. 240/- by the OP was not at all legal or justified and thus OP committed grave deficiency in service.

In view of the above discussion, we hold the OP guilty of grave deficiency in service, allow the  complaint and direct the OP to pay interest at the then prevalent bank interest rate on Rs. 7410/- for two years and Rs. 240/- along with interest @ Rs.18% per annum  from the date of filing of the complaint and also Rs. 25,000/- towards mental pain, harassment, agony and litigation charges to the complainant  within 30 days of receipt of copy of this order.

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations.  Thereafter file be consigned to record room.

Announced on  24.05.16.

(NAINA BAKSHI)                                                                                                                                                                     (N.K. GOEL)  MEMBER                                                                                                                                                                                  PRESIDENT 

Case No. 660/2009

24.5.2016

Present –   None.

Vide our separate order of even date pronounced, the complaint is allowed.  OP is directed to pay interest at the then prevalent bank interest rate on Rs. 7410/- for two years and Rs. 240/- along with interest @ Rs.18% per annum  from the date of filing of the complaint and also Rs. 25,000/- towards mental pain, harassment, agony and litigation charges to the complainant  within 30 days of receipt of copy of this order. Let the file be consigned to record room.

(NAINA BAKSHI)                                                                                                                                                                (N.K. GOEL)       MEMBER                                                                                                                                                                           PRESIDENT