Tamil Nadu

South Chennai

CC/219/2013

M.Selvaraj - Complainant(s)

Versus

ICICI Bank, The Manager - Opp.Party(s)

Party in Person

15 Feb 2022

ORDER

                                                                            Date of Complaint Filed: 23.05.2013

                                                                                                                                        Date of Reservation     : 24.01.2022

                                                                                                                                         Date of Order              : 15.02.2022

                                                                     

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

Present:                      Thiru. R.V.R. Deenadayalan, B.A., B.L.           : President

                                    Thiru. T. Vinodh Kumar, B.A., B.L.                  : Member

CONSUMER COMPLAINT No.219/2013

TUESDAY, THE 15^th DAY OF FEBURARY 2022

 

M. Selvaraj,

Rep. by O.A.Varadadesigan, P.O.A

4/8, Sakthinagar 4^th Street,

Chennai – 600094.                                                                                                                              .. Complainant                                       

..Versus..

 

1.The Manager, (Service quality)

   ICICI Bank, (Kotturpuram branch)

   No.458, Anna Salai,

   Teynampet,

   Chennai- 600 018.                                                                                                                   ..  Opposite Party No.1

 

2.The Manager (Service Quality)

   ICICI Bank Ltd,

   Ambattur Branch, West Wing, 4^th Floor,

   Arihant Insight,

   Ambattur Industrial Estate,

   Chennai – 600 058.                                                                                                                ..  Opposite Party No.2

******

Counsel for the complainant        : Party in person

Counsel for the opposite parties   : M/s. Sai Krishnan Associates

        On perusal of records and after having heard the oral arguments of Opposite parties and having treated the written arguments of Complainant   as oral arguments of the complainant, we delivered the following:

ORDER

Pronounced by the President Thiru. R.V.R. Deenadayalan, B.A.,B.L.

1. The Complainant has filed this complaint as against the opposite parties 1 & 2 under section 12 of the Consumer Protection Act, 1986 and prays to issue the NOCand direct to pay compensation of Rs.15,000/- along with cost of the complaint.

2.     The complainant submitted his Proof Affidavit and on the side of the complainant, documents Ex.A1 to Ex.A8 were marked. The complainant has filed the written argument. The opposite party has submitted his version, proof affidavit and written arguments and on the side of the opposite party document  Ex.B1 is marked.

3.      The averments of the complaint in brief are as follows:-

        The complainant had availed a two wheeler loan from the opposite party in Loan Account No.LTCHE. 00005938533. As on 24.09.2012 complainant has paid a total sum of Rs.30,847/- towards principal and an interest amount of Rs.9508/-.  The complainant demanded no objection certificate from the opposite party. But the opposite parties claim bouncing charges from the complainant. The demand for bouncing charges is not legal. Hence the complainant filed this complaint.

4.      Written version of the Opposite party in brief:-

        It is submitted that the complainant availed two-wheeler loan to an extent of Rs.32,000/- on 04.03.2006. The complainant agreed to pay the principal loan amount with interest @ 18.89% in 36 months with an EMI amount of Rs.1153/- each month. The complainant had given ECS mandate to honour the EMIs. The complainant failed to honour the EMI amounts on the stipulated dates as per the agreement and hence he was liable to pay bounce charges of Rs.3821/- and late payment charges of Rs.209/- and the same was intimated to him several times. The complainant was not prompt in paying the EMI amounts in the loan account. The complainant had paid the monthly dues belatedly as against the due date. The opposite party bank sent several remainders to the complainant for the payment of the outstanding dues pertaining to the loan account. The opposite party bank had given credit to all the amounts paid by the complainant. the complainant is liable to pay the interest on the loan amount and other applicable charges with penalties which are contractual and binding that they are governed by the terms and conditions of the loan agreement and the complainant is liable to pay a sum of Rs.4030/- towards the said loan account as on 20.02.2009. hence it is requested to dismiss the complaint.

5.       The Points for consideration are:-

1.Whether there is any deficiency in service on the part of the opposite parties?

2.Whether the complaint is entitled to get the reliefs as claimed in the complaint ?

3.To what relief the complainant is entitled to?

6.          Point No.1

        On perusal of records Ex.A1 is the amorpizapion schedule and as per schedule the first EMI started on 10.04.2006 and the EMI amount is Rs.1153/- which includes principal and interest. Further the complainant himself mentioned the date and  payment of EMI for the first instalment to sixteenth instalments. He has not paid the monthly due on due date of 10^th of every month. He has paid the monthly dues belatedly as against the due dates. Ex.B2 is the letter dated July 11, 2012 from the opposite party bank to the complainant and  in the letter it is categorically stated as “ however on numerous occasions your EMIs were returned unpaid by your Banker. Whenever ECS were returned and paid, bounce charges were levied to the loan account thus bounce charges of Rs.4721 was levied. Further, late payment charges of Rs.209/- were levied to the loan accounts due to receipt of EMIs after the due date. We have enclosed a copy of statement of account and Rs.4,930/- bounce Memos for your kind reference”. Further in the letter it is stated as “once all the dues are clear, the loan closure formalities will be initiated and post loan closure, the No Objection Certificate (NOC) will be despatched to your communication address”. Further on perusal of payment receipts of the complainant would also reveal that the complainant has not paid  a single due on the stipulated date of 10^th day of every month. Therefore the fault is on the part of the complainant and not as against the opposite party. Therefore we found that there is no deficiency in service on the part of the opposite party. Accordingly point No.1 is answered.

7.        Point No.2 & 3

        We have discussed and decided that there is no deficiency in service on the part of the opposite parties and thereby complainant is not entitled to get any reliefs as claimed in the complaint. Accordingly, point Nos. 2 & 3 are answered.

  In the result this complaint is dismissed. No cost.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on this  the  15^th day of February  2022.

 

T.VINODHKUMAR                                                     R.V.R.DEENADAYALAN                                                                              

     MEMBER                                                                            PRESIDENT

List of documents filed on the side of the complainant:

Ex.A1	10.04.2006	O.P Loan a/c and schedule of payment
Ex.A2	11.07.2012	O.P’s ack of principal & intand towards loan closure formalities and issue of NOC makes a bid for consolidated bouncing delay allegedetc without return of cheques or advice of delay, individual advice
Ex.A3	-	25 cash payment receips from various agents of O.P including bouncing and without
Ex.A4	-	Complainant’s syndicate pass book entries showing overdrawn amount by runaway city financial after closure of account and non-return of check
Ex.A5	-	ICICI Prudential had settled its case out of Court
Ex.A6	-	RBI slap on ICICI
Ex.A7	-	National consumer forum advice to stop and Harassment and coercion
Ex.A8	16.06.2014	Department of Employment and training

List of documents filed on the side of the Opposite parties:

Ex.B1

06.03.2014

ICICI Bank Statement

 

 

T.VINODHKUMAR                                                      R.V.R.DEENADAYALAN                                                                              

       MEMBER                                                                          PRESIDENT