Brief Facts of the Case:-
The complainant alleged in her complaint and during hearing that to clear the debt due of Bajaj Finance she proposed before Opp.Party (here in after called as O.P) ICICI Bank, Parlakhemundi for transfer of balance personal Loan which got sanctioned in the month of November-2020. But to clear the outstanding due of Rs.5,66,795/- of Bajaj Finance Ltd., had been given by the O.P ICICI Bank in shale of invalidated Cheque in the Month of February-2021. On Complain of the complainant the O.P issued valid cheque after two months i.e on 22.04.21. Due to such indefinite delay of the O.P the complainant forced to paid Five Months emi around to Rs.78,000/- to the Bajaj Finance Ltd., which she sought relief.
Upon notice, O.P appeared in-person and received all the documents filed by the complaint as prayed on dt.27.04.22 but not rebutted the allegation raised by the complainant for several adjournments.
DISCUSSION:-
A person who avails of any service from a Bank will fall under the purview of the definition of a “Consumer” within the meaning of C.P.Act. Loan sanctions with charging interest rates. Loan are regulated by law and provides Special protection to consumers. So, any person who owns an account in the bank or takes a service from bank becomes the customer and he can file a complaint for deficiency or regarding unfair practices by the bank. Under the deficiency in service as per Sec2( ) of C.P.Act 2019 one can’t be alleged without attributing fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be performed by a person in pursuance of contract or otherwise in relation to any service . So ‘deficiency in service’ means a shortcoming or inadequacy in any financial service or such other services related thereto which the regulated entity is required to provide statutorily or otherwise which may or may not result in financial loss or damage to the customer.
Bank are like any other service provider as per Sec 2(42) of C.P.Act,2019. We trust the banks with our money and they mint perform the services we were promised. They can’t hide behind ‘technical difficulties’ or ‘Force majeure and let customers suffer for it.
FINDINGS:-
Herein the instant case on unrebuttal of the Opp.Party by perusing the allegation of the complainant the Commission observed that the O.P(Bank) promises disbursal of Loan in shape of cheque with due time but not disbursed even after proper approval. The O.P who was all along in possession of the first cheque didn’t choose to present the cheque within a reasonable time and went on to hold the cheque till time was expired. The O.P also not serious about to issue 2nd cheque promptly after due complain and includes any act of negligence or omission or commission by such person which cause loss or injury to the consumer.
O R D E R
The Commissions found that there was delay on the part of the Opp.Party and therefore their service was deficient for which the complainant burdnedwith heavy Financial loss around to Rs.78,000/- as alleged and caused mental agony and harassment.
However as the O.P is a Bank- a service provider institution, the Commission do not direct any amount of compensation except directing to settle about the alleged amount of Rs.78,000/- (Seventy eight Thousand) only within 30 days of receipt of this order failing which 9% interest shall be charged from the date of the judgment till realization.
The complaint stands disposed off accordingly.
A copy of this order be provided to all the parties at free of cost as mandated by the C.P.Act, 2019,or they may download same from the confonet.nic.in to treat the same as if copy of order received from this Commission.
File be consigned to the record room along with a copy of this Judgment.
