DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.237/10
Sh. Amar Kumar Sundram
Vice-President Legal
Citi Financial Consumer Finance India Ltd.
Residing at House No.E-272, First Floor
Greater Kailash-II, New Delhi ….Complainant
Versus
1. ICICI Bank Ltd.
through its Branch Manager
E-568, Greater Kailash-II,
New Delhi
2. ICICI Bank Ltd.
through its Branch Manager
SCO 129-130, 2nd Floor, Sector 9
Madhya Marg, Chandigarh
3. Sh. Pankaj Kumar
Area Debt Manager
Mortgage (DSMG, Delhi and NCR)
ICICI Bank Ltd.
R Plaza Market, Sector-50,
Noida-201301
4. Ms. Chanda Kochhar
Managing Director
ICICI Bank Ltd.
Landmark, Race Course Circle
Vadodra-390007, Gujrat ……Opposite Parties
Date of Institution : 15.04.06 Date of Order : 07.11.16
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
In the present amended complaint, the Complainant has sought the following directions against the OPs:
“1. that the Respondents may kindly be directed immediately to correct their records, waive off the illegal access amount of Rs.6,096/- and any other penalty/access/LPC levied on the Complainant and to bank the ECS on the Citi Bank Account only.
2. that the Respondents be directed to return all Security Cheques and the ECS forms of the HDFC Bank to the Complainant immediately.
3. that the Respondents, jointly and severally, be directed to pay a compensation of Rs10,00,000/- towards mental, physical agony, tension and harassment caused to the Complainant and his family members by visiting their residence and making threatening calls and also for the deficiency in service provided by the Respondents.
4. The Respondents, jointly and severally, be directed to pay a sum of Rs.50,000/- towards litigation costs to the Complainant.
5. The Respondents be directed to pay such punitive damages as this Hon’ble Forum deems fit.
5a. Direct the Respondents to realize the EMI amount of Rs.16,636/- per month through ECS by banking the ECS on the Citi Bank Account No.5168288222 of the Complainant with respect to the Home Loan No.LBCHD00000903569;
5ab. Direct the Respondents from taking any coercive action like issuance of demand notices, sending recovery agents, recovery calls and initiation of any legal proceedings in respect of the Home Loan No. No.LBCHD00000903569 against the Complainant.
6. The Respondents may be directed to not to refer the matter to Credit Information Bureau (India) Ltd.”
Complainant has filed rejoinder to the written statement of OPs.
Complainant has filed his own affidavit in evidence. On the other hand, affidavit of Sh. Navin Tivedi, AR has been filed in evidence on behalf of the OPs.
Written arguments have been filed on behalf of the parties.
We have heard the arguments on behalf of the OP and have also gone through the file very carefully.
It transpires from the record that the Complainant has not been appearing since 15.03.2013. The OPs on 19.10.16 filed an application for dismissal of the present complaint. It is submitted that the Complainant availed a home loan for an amount of Rs.18,00,000/- from the OPs for a property situated at Greater Noida vide loan agreement dated 13.10.04 bearing loan account No.LBCHD00000903569 repayable in 180 EMIs of Rs.16636/- through ECS on Complainant’s salary account in HDFC Bank, Chandigarh. In the month of July, 2009 the Complainant applied for change in ECS mandate as he wanted to swap the bank for ECS for deduction of EMIs from HDFC Bank to Citi Bank, New Delhi as he was transferred from Chandigarh to New Delhi and was appointed as Vice President (Legal) in Citi Financial Consumer Finance India Ltd. They requested the Complainant to submit the documents several times but he did not file the amended forms for swapping of the bank and hence the request for swapping the ECS mandate from HDFC Bank to Citi Bank could not be processed. The Complainant has already paid entire amount on 15.06.13 by making a full and final payment through cheque for an amount of Rs.9,31,142/-; moreover as per the SOA dated 09.09.16 all cheque bouncing charges and other charges have been waived off on 25.01.11 which is evident from SOA dated 09.09.2016 (we mark the document as Annexure-A for the purposes of identification). OPs have prayed for dismissal of the complaint.
In view of the above, it appears that since the Complainant has not appeared since 15.03.13 and he has already made payment of Rs.931142/- towards full and final payment and the OPs have already waived off bouncing charges and other charges on 25.01.11. Complaint stands disposed off accordingly.
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 07.11.2016.
