Haryana

Karnal

CC/28/2022

Akhil Rambhool Rana - Complainant(s)

Versus

IDFC First Bank - Opp.Party(s)

Sandeep Kumar

12 Aug 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

                                                        Complaint No.28 of 2022

                                                        Date of instt.17.01.2022

                                                        Date of Decision:12.08.2024

 

Akhil Rambhool Rana son of Shri Rambhool Rana, resident of house no.1133, Mahu Mohalla, Karnal.

                                                 …….Complainant.

                                              Versus

 

IDFC First Bank, 247/248, 2^nd floor, Sector-12, Karnal through its Branch Manager.

                                                                  …..Opposite Party.

 

Complaint under Section 35 of Consumer Protection Act, 2019.

 

Before   Shri Jaswant Singh……President.     

      Ms. Sarvjeet Kaur ..…….Member

 

Argued by: Shri Hitesh Gaba, counsel for the complainant.

                   Opposite party exparte, vide order dt.10.07.2024.

 

                     (Jaswant Singh, President)

ORDER:   

                

                The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite party (hereinafter referred to as ‘OP’) on the averments that in the month of March 2020, the complainant approached the officials of the OP and applied for a consumer durable loan from the bank. Accordingly, the complainant was granted an amount of Rs.22,909/-, vide loan account no.31341609 on 12.03.2020 after following the due process and submitting all the required documents including blank cheques signed by the complainant. The loan amount of Rs.22,909/- was to repaid in eight installments of Rs.3075/- each on 2^nd day of every month starting from May 2020 to December 2020. The officials of the OP, has fraudulently taken 11 installments from the complainant whereas the complainant was supposed to pay only 8 installments as per the structure of repayment of the loan. Details of the 11 installments paid by the complainant are mentioned below:

Date                 Serial number                    Amount

1.     02.06.2020       1^st installment                   Rs.3075/-

2.     02.06.2020       2^nd  installment                  Rs.3075/-

3.     13.06.2020       3^rd  installment                  Rs.3075/-

4.     02.07.2020       4^th   installment                 Rs.3075/-

5.     02.07.2020       5^th   installment                 Rs.3075/-

6.     31.07.2020       6^th   installment                 Rs.3075/-

7.     02.08.2020       7^th installment                   Rs.3075/-

8.     19.08.2020       8^th   installment                 Rs.3075/-

9.     02.10.2020       9^th   installment                 Rs.3075/-

10.   02.11.2020       10^th   installment               Rs.3075/-

11.   02.12.2020       11^th   installment               Rs.3075/-

 

It is pertinent to mention here that total charges of Rs.708/- has also been paid by the complainant. Even after paying all the 8 installments and 3 installment which were taken fraudulently, the officials of the OP have presented the blank cheques (given at the time of applying the loan) in the bank. The cheques were presented in the month of December 2020, January 2021, February 2021, March 2021 and April 2021. The complainant did not know about the presentation of his cheques by the officials of the IDFC Bank, due which a total amount of Rs.5000/- was deducted from the complainant’s bank account no.917010022560229 in Axis Bank on account of dishonoring of the cheques. After knowing about the fraud intentions of officials of the IDFC Bank, the complainant approached them at the branch of the OP and demanded the amount of 3 installments of Rs.3075/- each, which were taken fraudulently and Rs.5000/-, which were deducted from the complainant’s bank account on account of dishonoring of cheques. In this way, the total amount comes to Rs.14255/-but OPs flatly refused to return the said amount. Due to this act and conduct of OPs, complainant is suffering from great mental agony, pain, harassment and financial loss. Then complainant sent a legal notice dated 14.07.2021 to the OP but it also did not yield any result. In this way there is deficiency in service and an unfair trade practice on the part of the OP. Hence this complaint.

2.             On notice, OP appeared and filed its written version raising preliminary objections with regard to maintainability and concealment of true and material facts. On merits, it is pleaded that complainant availed loan facilities from the OP to the tune of Rs.22909/-. It is denied by the OP that at the time of loan the complainant gave blank signed cheques to the OP. As a matter of fact only 08 installments of loan were to be paid by the complainant.  It is denied that OP has fraudulently taken 11 installments instead of 8 installments. It is also denied that an amount of Rs.5000/- is deducted from the complainant in five parts. As matter of fact the abovesaid amount was deducted due to the negligence of the complainant. It is also denied that complainant visited the office of OP for return of the amount and same was refused. There is no deficiency in service and unfair trade practice on the part of the OP. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             Parties then led their respective evidence.

4.             Learned counsel for the complainant has tendered into evidence affidavit of complainant Ex.PW1/A, copy of legal notice and its postal receipt Ex.C1 and Ex.C2, copy of Charges for SB Account Ex.C3, copy of account statement Ex.C4 and closed the evidence on 23.08.2022 by suffering separate statement.

5.             On the other hand, learned counsel for the OP has tendered into evidence affidavit of Yuvraj Mishra Ex.OP1/A, copy of statement of account Ex.OP1, copy of No Dues dated 19.10.2023 and closed the evidence on 21.11.2023 by suffering separate statement.
6.             On 06.05.2024 and on 10.07.2024, none has put into appearance on behalf of the OP and thus, OP was proceeded against exparte, vide order dated 10.07.2024 of the Commission.         

7.             We have heard the learned counsel for the complainant and perused the case file carefully and have also gone through the evidence led by the parties.

8.             The complainant has alleged that OP had fraudulently taken 11 installments from the complainant whereas the complainant was supposed to pay only 8 installments as per the structure of repayment of the loan. The onus to prove his case was relied upon the complainant but he has miserably failed to prove his case by leading any cogent and convincing evidence. The complainant has not placed on file account statement of his bank account from which it can be ascertained that OP has charged three extra installments. Rather, OP has placed on file account statement Ex.OP1, on perusal of loan account statement, it is clearly established that the installments of loan amount have been bounced several times due to insufficient funds in the account of complainant. From the said statement, it has also been proved that the OP has charged the loan amount as per the terms and conditions of the loan agreement.

9.             Thus, as a sequel to abovesaid discussion, the present complaint is devoid of merit and deserves to be dismissed and same is hereby dismissed. No order as to costs. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:12.08.2024                                                                    

                                                                President,

                                                   District Consumer Disputes

                                                   Redressal Commission, Karnal.      

 

(Sarvjeet Kaur)    

                            Member