District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No. 485/2020.
Date of Institution:17.12.2020
Date of Order:.15.06.2023.
Soniya Sharma D/o Shri Vishnu Dutt Sharma @ Vishnu Sharma, resident of Malerna road, Adarsh Nagar, Ballabgarh, Faridabad.
…….Complainant……..
Versus
1. IDFC First Bank Limited, SCO 102 & 103, Upper Ground floor, Dwarka Complex, Sector-16, Faridabad, Haryana – 121002 through its Branch Manager.
Head office :
IDFC Bank Limited, KRM Tower, 7th floor, No.1, Harrington Road, Chetpet, Chennai – 600 039.
2. ICICI Bank Ltd., 21/5, Mile Stone, Mathura Road, Aggarawal Wood Industries, Ballabgarh, Faridabad – 121004 through its Branch Manager.
…Opposite parties
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………….Member.
PRESENT: Sh. Lokesh Parashar, counsel for the complainant.
Sh. K.S.Rathore, counsel for opposite party No.1.
Sh. Sagar Bhatia, counsel for opposite party No.2.
ORDER:
The facts in brief of the complaint are that the complainant had purchased a vehicle Splendor from Tewatia Associates, Near Gupta Market, Delhi Mathura Road,, Ballabgarh vide invoice No. 11590AC19S2728 dated 04.03.2019 amounting to Rs.54,150/- and financed a sum of Rs.51,176/- from opposite party No.1 vide agreement No. 20743802 and application No.0309646363. The instalment of the above said finance amount was Rs.3278/- per month. At the time of sanction of the loan opposite party No.1 assured the complainant that the complainant would pay the installment of the above said amount of Rs.3278/- in 18 equal monthly installments. The complainant was regularly paying the installment of the loan and paid the installment of the loan till September 2020 to opposite party No.1 through opposite party No.2 i.e. ICICI Bank Ltd. The complainant paid one installment of the loan through Paytm vide order ID No. 11069822133 dated 8.6.2020 and one installment from online transaction from account of HDFC Bank NO. 00600310024081 IMPS Ref. NO. 913617819120 but opposite party No.1 had not adjusted the above said two installments and raised penalty against two installments. It was pertinent to mention that opposite party No.1 had raised dues for bounced and other charges more than approx. Rs.9,000/- extra and withdraw some amount from the account of the complainant. The complainant requested opposite parties Nos.1 & 2 so many times to adjust the above said amount dues of bounced and other charges which had been illegally received by opposite parties. Opposite parties Nos.1 & 2 assured the complainant that opposite parties would adjust the penalty amount and amount of two installments but till date both the opposite parties had not adjusted the amount of two installments and penalty amount. The complainant applied for ECS Debit Mandate Suspension/Cancellation form on 07.10.2019 vide account No. 140101513871 but no fruitful result came out. The complainant gave a complaint to the CM
Grievances Redress & Monitoring System Haryana vide Grievance No CMOFF/N/2019/120432 dated 10.10.2019 but the bank officials had not taken any action on the complaint of the complainant. The complainant sent legal notice dated 28.9.2020 to the opposite parties through registered post but all in vain. The aforesaid act of opposite party amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite parties to:
a) adjust the two installments of the complainant and dues for bounced and other charges amounting to Rs.9,000/- approx. and other charges.
b) maintain the good Cibil Score till the final decision of the complainant.
c) receive 18 installment instead of 22 installments.
d) pay Rs. 50,000/- as compensation for causing mental agony and harassment .
e) pay Rs. 11,000 /-as litigation expenses.
2. Opposite party No.1 put in appearance through counsel and filed written statement wherein Opposite party No.1 refuted claim of the complainant and submitted that the complainant approached the opposite party No.1 for grant of loan for purchasing a Splendor + bike for an amount of Rs.50,000/-. The answering opposite party sanctioned the loan facility and issued the sanction letter detailing the major terms and conditions of the loan and the same were duly accepted by the complainants. The complainant and the answering opposite party executed a loan agreement bearing No. 20743802 dated 18.03.2019 was executed between the parties. It was submitted that after availing the aforesaid loan from the opposite party No.1, the complainant failed to adhere to the terms and conditions of the loan agreement regarding repayment amount either towards principal or
towards the interest or charges thereon and cheques/ECS instructions towards monthly installment issued by the complainants for the repayment of aforesaid loan amount were dishonored or returned unpaid. Reminders were issued to the complainants to pay the amount on account of the above said dishonoring but to no avail. The complainants failed to adhere to the financial discipline and failed to honor their commitments. As on 27.01.2021 there was total amount payable of Rs.22,036.26. On 27.01.2021 monthly equated installments for the month of September 2020, October 2020, November 2020, December 2020 and January 2021 were due and payable by complainant alongwith other charges. Despite repeated reminders complainant had failed to clear the overdue amount payable and there was a total outstanding of Rs.30,86.26 payable as on 08.05.2023. Opposite party No.1 denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. Opposite party No.2 put in appearance through counsel and filed written statement wherein Opposite party No.2 refuted claim of the complainant and submitted that the complainant maintains Saving Bank Account NO. 140101513871 with the answering opposite party at its Branch, 21/5. Milestone, Mathura Road, Faridabad. The answering opposite party did not provide loan facility to the complainant nor any amount was ever received or collected by the answering opposite party from the complainant towards aforesaid loan account. As such, there was no reason and occasion for the answering opposite party to adjust amount. It was submitted that on request dated 07.10.2019, the ECS facility was stopped and no amount was debited thereafter for ECS service. Opposite party No.2 denied rest of the allegations leveled in the complaint and prayed for
dismissal of the complaint.
4. The parties led evidence in support of their respective versions.
5. We have heard learned counsel for the parties and have gone through the record on the file.
6. In this case the complaint was filed by the complainant against opposite parties–IDFC First Bank & Anr. with the prayer to: a) adjust the two installments of the complainant and dues for bounced and other charges amounting to Rs.9,000/- approx. and other charges. b) maintain the good Cibil Score till the final decision of the complainant. c) receive 18 installment instead of 22 installments. d) pay Rs. 50,000/- as compensation for causing mental agony and harassment . e) pay Rs. 11,000 /-as litigation expenses.
To establish his case the complainant has led in his evidence, Ex.CW1 – affidavit of Soniya Sharma , Ex.CW2 – affidavit of Kapil Sharma , Ex.CW2/A – letter dated 22.2.2021 written by the complainant to the Manager, IDFC Bank.Ex.CW1/B – summary of account as on 29.09.2019,, Ex.CW1/C – account statement, Ex.CW1/D – ECS debit mandate suspension/cancellation form Ex.CW1/E - letter dated 10.10.2019, Ex.CW1/F – legal notice, Ex.CW1/G – postal receipts.
Opposite party No.1 has made a statement that written statement already filed on behalf of opposite party No.1 may kindly be read as evidence on behalf of opposite party No.1. Accordingly, evidence on behalf of opposite party No.1 has been closed vide order dated 16.5.2023.
On the other hand counsel for the opposite party No.2 strongly agitated and opposed. As per the evidence of the opposite party No.2 Ex.RW2/A
– affidavit of Gunjan Gupta (DBM), ICICI Bank Ltd., 21/5, Milestone, Mathura Road, Faridabad.
7. After going through the evidence led by the complainant, the complainant paid one installment of the loan through Paytm vide order ID No. 11069822133 dated 8.6.2020 and one installment from online transaction from account of HDFC Bank No. 00600310024081 IMPS Ref. No. 913617819120. On the other hand, opposite party did not adjust the above said two installments and also imposed penalty on the late payment and other hidden charges. As per Ex.CW1/D the complainant applied for ECS Debit Mandate Suspension/Cancellation Form on 07.10.2019 which is duly signed by the ICICI Bank on 07.10.2019.
8. After going through the evidence led by the complainant, the Commission is of the opinion that there is deficiency in service on the part of opposite party No.1 The complainant is the account holder with opposite party No.2. Opposite party No.1 is directed to over haul the account of the complainant and adjust the two payments and waive of the hidden charges imposed by him and also send a letter to opposite party No.2 for the cancellation of ESC. After applied for ECS Debit Mandate Suspension/Cancellation Form by the complainant on 07.10.2019 which is duly signed by the ICICI Bank on 07.10.2019 opposite party No.2 is deducting the money from the account of the complainant which shows the deficiency on the part of opposite party No.2. too also. Hence, the complainant is allowed.
9. Opposite parties Nos.1 & 2 jointly & severally, are directed to adjust the two installments of the complainant and dues for bounced and other charges amounting to Rs.9,000/- approx. and other charges. Opposite parties Nos.1 & 2
are also directed to pay Rs.5500/- as compensation for causing mental agony & harassment alongwith Rs.5500/- as litigation expenses to the complainant. Compliance of this order be made within 30 days from the date of receipt of copy of this order. Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.
Announced on: 15.06.2023 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
