DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
PATIALA.
Consumer Complaint No. 123 of 22.3.2016
Decided on: 24.5.2017
Sanjiv Kumar Dhir, resident of House No.1, Kaalsana, Tehsil Nabha, District Patiala.
…………...Complainant
Versus
1. ICICI Bank Ltd., Branch Nabha, District Patiala through its Manager.
2. ICICI Bank Ltd., ICICI Phone Banking Centre, ICICI Bank Tower, 7th Floor, Survey No.115/27, Plot No.12, Nanakramguda, Sterilingampally, Hyderabad-500032 through its Managing Director.
…………Opposite Parties
Complaint under Section 12 of the
Consumer Protection Act, 1986.
QUORUM
Smt. Neena Sandhu, President
Smt. Neelam Gupta, Member
ARGUED BY:
Sh.Vikram Sharma, Advocate, counsel for complainant.
Sh.R.K.Pandey, Advocate, counsel for Opposite parties.
ORDER
SMT.NEENA SANDHU, PRESIDENT
Sh.Sanjiv Kumar Dhir, has filed this complaint under Section 12 of the Consumer Protection Act,1986 ( hereinafter referred to as the Act) against the Opposite Parties (hereinafter referred to as the O.Ps.) . The brief facts of the complaint are as under:
2. That on 3.7.2014, the complainant availed gold facility of Rs.5,38,600/- by pledging 25 ornaments of gold, weighing 327.06gms having appraised the value at Rs.7.65,106/-. As per rules, the loan was to be got renewed/repaid on or before 3.7.2015. Accordingly, he got renewed the said facility on 3.7.2015 up to 3.7.2016 and paid the interest and requisite charge as demanded by the OPs. However, the OPs sent him loan recall notice dated 27.8.2015 and notice for enforcement of security dated 14.1.2016, stating therein that he failed to get renew the loan account within time and as such, action is being taken against him for the enforcement of security. At this, he immediately apprised the bank about the renewal of the loan and showed them the letter or renewal/token card. Thereafter also he received second notice dated 14.1.2016. He again approached the OPs with the same request but no heed was paid by them and threatened him to deposit the outstanding amount otherwise the gold ornaments would be sold or forfeited. Finding no alternative, he got served a legal notice dated 15.2.2016 upon the OP and requested for the withdrawal of the notices/letters sent by them but the Ops failed to respond the same. Hence this complaint with a prayer for a direction to the OPs to withdraw the notices/letters issued against him, to tender unconditional written apology to him, to pay Rs.50,000/- as compensation for causing mental agony and harassment , to pay Rs.15000/- as litigation expenses and also to pay any other relief which this Forum deem fit.
3. On being put to notice, OPs appeared and field the written version stating therein that the complainant had requested to renew the loan facility but due to some system error the same could not be done and updated in the computer system and the complainant was called to come on the next day but he did not turn up and notices dated 27.8.2015 and 14.1.2016 were served upon him for renewing the limit of loan. On receipt of the legal notice, they sent letter dated 16.3.2016, to the complainant in which they apologized for the inconvenience caused to him. He was advised to meet Branch Manager Mr.Vinay Gupta with identity proof and token card for the renewal of loan but he failed to turn up. The OPs as a gesture of goodwill are still ready to renew the gold limit, if the complainant agreed to pay only the interest occurred on the used amount. They will waive off the penal and other charges. There is no deficiency of service or unfair trade practice on their party. After denouncing all other averments made in the complaint, it is prayed to dismiss the complaint.
4. In evidence, the ld. counsel for the complainant tendered in evidence Ex.CA affidavit of the complainant alongwith documents Exs.C1 to C6 and closed the evidence.
The ld. counsel for the OPs tendered in evidence Ex.OPA affidavit of Sh.Arshdeep Kumar, Legal Manager, ICICI Bank alongwith document Ex.OP1 and closed the evidence.
5. We have heard the ld. counsel for the parties, gone through the written arguments filed by the ld. counsel for OPs and have also gone through the record of the case, carefully.
6. Admittedly, on 3.7.2014, the complainant availed loan of Rs.5,38,600/- from the Ops against pledging his 25 gold ornaments, weighing 327.06 gms. As per rules, the complainant had either to renew or repay the loan amount on or before 3.7.2015 , as the tenure of the loan was one year i.e. up to 3.7.2015. There is no dispute with regard to the renewal of the said loan w.e.f. 3.7.2015 to 3.7.2016 and also with regard to the payment of interest and requisite charges as demanded by the OPs. The Ops vide letter dated 16.3.2016,Ex.OP1, apologized to the complainant for sending of unwanted notices dated 27.8.2015,Ex.C2 and 14.1.2016,Ex.C3. Sending of unwanted notices by the OPs caused mental agony and physical harassment to the complainant, for which they are liable to compensate the complainant.Thus keeping the peculiar facts and circumstances of the case, in to consideration, we are of the opinion that the end of justice would be met if, a sum of Rs.25,000/- be awarded as compensation for mental agony and physical harassment caused by the Ops to the complainant, alongwith litigation expenses.
7. In view of the aforesaid discussion, we allow the complaint and direct the OPs to pay to the complainant an amount of Rs.25,000/- as compensation for causing mental agony and physical harassment to him, which is inclusive of litigation expenses, within a period of 45 days from the date of the receipt of the certified copy of this order, failing which the Ops shall pay interest @7% per annum on the awarded amount from the date of this order i.e. 24.5.2017 till realization. Certified copy of this order be sent to the parties free of cost under the Rules Thereafter, file be indexed and consigned to the Record Room.
ANNOUNCED
DATED:24.5.2017
NEENA SANDHU
PRESIDENT
NEELAM GUPTA
MEMBER
