Tamil Nadu

South Chennai

55/2009

V.K.Xavier - Complainant(s)

Versus

ICICI Bank - Opp.Party(s)

K.Vinoth

20 Nov 2019

ORDER

                                                                             Date of filing      : 02.02.2009

                                                                               Date of Disposal : 20.11.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.55/2009

DATED THIS WEDNESDAY THE 20^TH DAY OF NOVEMBER 2019

                                 

Mr. V.K. Xavier,

S/o. Late V. Kovil Pillai Nadar,

No.4/610, 4^th Block,

Mugappair West,

NR Kalyana Mandapam,

Chennai – 600 037.                                                        .. Complainant.                                                       ..Versus..

 

1. ICICI Bank,

Represented by its Power of Attorney

Mr. V. Sakthivel,

No.46, Gandhi Mandapam Road,

Kotturpuram,

Chennai – 600 085.

 

2. ICICI Bank,

Represented by its Manager,

II Floor, East Wing,

No.24, South Phase,

Ambattur Industrial Estate,

Chennai – 600 058.                                                 ..  Opposite parties.

 

Counsel for the complainant                 : Mr. K. Vinod

Counsel for the opposite parties 1 & 2 : M/s. S. Namasivayam &

                                                                 others

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 prays for the issue of statement of account showing the payment, to refrain from unauthorisedly withdrawing money from the bank account No.602701504462, to refrain from harassing and torturing the complainant and his family, to refrain from debiting the complainant account and charging the complainant penal interest and to pay a sum of Rs.1,00,000/- towards compensation for mental agony, physical hardship, strain and inconvenience with cost to the complainant.

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

The complainant submits that the opposite parties offered a loan amount of Rs.3,50,000/- on 05.04.2007 after obtaining signature in several documents. The said amount shall be repaid in 48 equal monthly instalments at the rate of Rs.10,469/- per month.   The complainant submits that the complainant was very regular in payment of the said loan.  During the month of June, 2008, the complainant met with an accident and his father succumbed to injuries resulting that the complainant was put to great inconvenience and penniless.  Thereby, the complainant was not able to pay the dues properly.  The complainant submits that the opposite parties’ men during the day and night threatened the complainant and family members with filthy language etc caused great inconvenience and mental agony.  The complainant submits that on 03.04.2008, the opposite party claimed a sum of Rs.1,743/- under loan account No.LTCHE00006759617.   The complainant submits that the opposite parties are claiming hidden interest, penal interest etc and making attempt to deduct the amount from the complainant’s savings bank account No.602701504462.  The act of the opposite parties amounts to deficiency in service and unfair trade practice which caused great mental agony.  Hence, the complaint is filed.

2.      The brief averments in the written version filed by opposite parties 1 & 2 is as follows:

The opposite parties 1 & 2 specifically deny each and every allegations made in the complaint and put the complainant to strict proof of the same.    The opposite parties state that the complainant is a holder of the savings bank account No.602701504462 with the 1^st opposite party availed two wheeler loan to the tune of Rs.10,000/- on 11.05.2006 repayable in 23 equal monthly instalments at the rate of Rs.1,968/- under Loan Account No.LPCHE 00009658153.  The complainant paid 30 instalments till May 2008 with an outstanding of Rs.806/- as on 04.10.2011.  Thereafter, the complainant has not paid any amount.  The complainant also availed personal loan account No.LPCHE 00009658153 for Rs.3,50,000/- on 22.02.2007 repayable in 48 equal monthly instalments at the rate of Rs.10,469/- per month.  The complainant is a defaulter in payment of the loan.  As Per Section 171 of the Indian Contract Act, the opposite parties are having bankers’ lien over the said account No.602701504462 as on 08.10.2011.   Therefore, there is no deficiency in service on the part of the opposite parties and hence, the complaint is liable to be dismissed.

3.     To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A3 are marked.  Proof affidavit of the opposite parties 1 & 2 is filed and documents Ex.B1 to Ex.B3 are marked on the side of the opposite parties 1 & 2.

4.      The points for consideration is:-

1. Whether the complainant is entitled the statement of accounts showing the payment as prayed for?
2. Whether the opposite parties are refrained from withdrawing the money from the bank account No.602701504462 of the complainant and charged penal interest, interest with compensation of Rs.1,00,000/- for deficiency in service as prayed for?

5.      On point:-

Both parties filed their respective written arguments.  Heard the opposite parties Counsel also.  Perused the records namely; the complaint, written version, proof affidavits and documents.  The complainant pleaded and contended that the opposite parties offered a loan amount of Rs.3,50,000/- on 05.04.2007 after obtaining signature in several documents. The said amount shall be repaid in 48 equal monthly instalments at the rate of Rs.10,469/- per month.   But the complainant has not filed any documents to prove the said loan of Rs.3,50,000/-.  The allegation that the opposite party issued the documents through post also not proved.   Further the contention of the complainant is that the complainant was very regular in payment of the said loan.  But no document filed.  During the month of June, 2008, the complainant met with an accident and his father succumbed to injuries resulting that the complainant was put to great inconvenience and penniless.   Thereby, the complainant was not able to pay the dues properly proves deficiency in service. 

6.     Further the contention of the complainant is that the opposite parties men every day and night threatened the complainant and family members with filthy language etc caused great inconvenience and mental agony.  Further the contention of the complainant is that on 03.04.2008 the opposite party claimed a sum of Rs.1,743/- under loan account No.LTCHE00006759617 as per Ex.A1.   But the complainant has not availed such loan; is not acceptable because, Ex.B1 and Ex.B2 coupled with the statement of accounts filed by the opposite parties proves that the complainant availed the said loan and paid EMI in an irregular manner.  Further the contention of the complainant is that the opposite parties are claiming hidden interest, penal interest etc and making attempt to deduct the amount from the complainant’s savings bank account No.602701504462.  The opposite party is entitled to act as per the Reserve Bank of India rules only.  But as per Ex.B1 & Ex.B2, there are arrears proves that the complainant is a defaulter in payment of dues.  The law is well settled that the defaulter is not entitled to any compensation as per the Consumer Protection Act, 1986. 

7.     The learned Counsel for the opposite parties would contend that the complainant is a holder of the savings bank account No.602701504462 with the 1^st opposite party availed two wheeler loan to the tune of Rs.40,000/- on 11.05.2006 repayable in 23 equal monthly instalments at the rate of Rs.1,968/- under Loan Account No.LTCHE 00006759617 as per Ex.B2.  The complainant paid the instalments till May 2008 with an outstanding EMI upto 04.10.2011 is pending.  Thereafter, the complainant has not paid any amount.  The complainant also availed personal loan account No.LPCHE 00009658153 for Rs.3,50,000/- as per Ex.B3 on 22.02.2007 repayable in 48 equal monthly instalments at the rate of Rs.10,469/- per month as per Ex.B3.  The complainant is a defaulter in payment of the loan also.  As Per Section 171 of the Indian Contract Act, the opposite parties are having bankers’ lien over the said account No.602701504462.  As on 08.10.2011, there is a balance of Rs.4,93,771/- which is seen from the statement of accounts as per Ex.B3.  The complainant is a chronic defaulter and not entitled to any relief.  Considering the facts and circumstances of the case, this Forum is of the considered view that this complaint has to be dismissed.

In the result, this complaint is dismissed.   No costs.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 20^th day of November 2019. 

 

MEMBER                                                                                PRESIDENT

 

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	03.04.2008	Copy of letter sent by the opposite party to complainant
Ex.A2	27.06.2008	Copy of letter sent by the opposite party to complainant
Ex.A3	21.08.2008	Copy of legal notice sent on behalf of the complainant

 

OPPOSITE PARTIES’ SIDE DOCUMENTS:-  

Ex.B1	17.01.2011	Copy of Power of Attorney
Ex.B2	11.05.2006	Copy of Statement of Accounts LTCHE 00006759617
Ex.B3	22.02.2007	Copy of Statement of Accounts LPCHE 00009658153

 

 

 

MEMBER                                                                                PRESIDENT