BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKAULA

                           Dated this the   22^nd   day of October 2020

                                                                                      Filed on 5/9/2019

PRESENT

V.S Manulal                                                                                           President in-charge

T.N.Sreevidhia                                                                                      Member

CC. No.339/2019

Between

Complainant

Anfas Sulaiman S/o Sulaima                                :     Rep. by his Adv. M/s Madhu.U

Anzila Manzil,Mundanpalam,                                   Advocate, Chittezhath,

Thrikakkara North Vadakodu,                                    Kanampilly Road, Pachalam

Kanayannur Taluk,                                                   Kochi 682012

Ernakulam Dist

The Branch Manager                                              :           Opposite party.

IDFC First Bank,

No.54/31063.First Floor

Grance Corner

Kadavanthara ,

Ernakulam – 682020

 Sreevidhia.T.N, Member

A brief statement of facts of the case is as follows:-

The complainant availed two loans from the opposite party bank on 25/01/2019 and the payment date of installments was on the 2^nd of every month.  For Loan No. 19844074 the monthly installment is Rs.3000/- and for Loan No.19845813 monthly installment is Rs.1668/- . The amount was debited by the respondent through Electronic Clearing System connected with the complainant’s Federal Bank account.  The complainant correctly paid the monthly installments of both loans in the month of February, March &  April .  During the month of May-2019, the cheque was bounced due to insufficient fund in the account of the complainant on the due date for payment of the instalments.   The complainant informed to the respondent bank about the delay of securing the funds in the bank account and he assured that he will clear the due amounts of both loans before the last of May 2019. As stated the complainant paid Rs.3000/- on 21/05/2019 through E receipt No. 20093544293 and informed to the respondent that he will pay dues of the other loan of Rs.1668/- by the end of June 2019.  The opposite party agreed the same.  The complainant cleared the due amount Rs.1668/- on 21.6.2019 through online transaction reference No.C132196247A19844074D210520194650QP.  It is submitted that the  delay in payments of both loan due amount in the month of July 2019 the opposite party has intentionally do the Ecs process through their bank in 12 times.   On this type of process, an amount of Rs.3859/- as Ecs return was charged from the complainant.  It is submitted that the complainant cleared the due amount on 21/6/2019 completely but the respondent not given direction to their bank and so after 21/6/2019 the same Ecs process continued and because of the default of the opposite party, the complainant paid the return charges of Rs.708.  Later, the complainant applied for a credit card from his Federal Bank on the month of July 2019.  After verifying the credit worthiness of the complainant by the Federal Bank, the bank informed the complainant that there is some negative remark in the record of CIBIL.  The complainant alleges that the opposite party bank’s all above actions created the negative mark in the complainant’s CIBIL score.  The above attitude of the opposite party bank caused loss of money, mental agony and loss of reputation to the complainant.  Hence the complainant approached before the Forum seeking for directing the opposite party bank to pay an amount of Rs.454567/-, including the Ecs return charge Rs.4567 for the mental agony, shock, pain  Rs.450000/- on account of gross deficiency of service and unfair trade practice on the part of the opposite party, with 12% interest per annum acquiring from date of complaint till date of payment and for cost of the proceedings.

            Notice was sent to the opposite party from this Forum on 19/11/19 and the said notice was served on 21/11/19 as revealed by proof of delivery of the postal department.   But the opposite party didn’t appear before the Forum. Subsequently the opposite party was treated as ‘exparte’.  Complainant filed proof Affidavit on 14/2/2020. Heard the complainant on 08/10/2020. 

The issues to be decided in this case are as follows:

1. Whether the complainant has proved deficientcy in service, or unfair trade practice on the part of the opposite parties?
2. Compensation and cost of proceedings?

The evidence in this case consists of the documentary evidence furnished by the complainant which were marked as Exbt.A1- A5.No oral evidence adduced by the complainant.Being exparte no evidence from the side of opposite party

Issue No.1

            On perusal of documents Exbt.A1 - A5 produced by the complainant, the following facts can be seen.  Exbt A1 is a statement of loan account issued by the bank to the complainant.  It can be seen from Exbt.A1 that the complainant had availed a loan for Rs.22560/- from the opposite party and the monthly installment payable is recorded as Rs.3000/- per month and as per Exbt A2, it is revealed that the opposite party had granted a loan for Rs.14088/- to the complainant payable at the rate of Rs.1668/- per month.  Exbt A3 is the details of statement of account of the complainant from 23/5/2019 to 08/07/2019 with Federal Bank, Kakkanad Branch. Exbt.A4 is a copy of a lawyer notice sent by the complainant to the opposite party.  Exbt A5 is an acknowledge card issued by the postal authorities dt.18/7/2019.   On going through Exbt A3,  can be seen that the opposite party had charged an amount of Rs.177/- on 16/5/2019, Rs.354/- on 16/5/19, Rs.142/- on 23/5/19, Rs.354/- on 14/6/19, Rs.354 on 14/6/19, Rs.354/- on 14/6/19, Rs.354/- on 14/6/19, Rs.354/- on 14/6/19, Rs.354/- on 14/6/19, Rs.354/- on 14/6/19 Rs.354/- on 14/6/19, and Rs. 354 four times on 2//7/19 and against charges/Ecs return against the dates referred there with and also the complainant  has stated that he had cleared the dues on 21/6/2019 but the respondent had not given direction to the concerned bank and therefore Ecs process continued and thereby the complainant had to pay the return charges of Rs.708/-on 22.7.19 .

 The details of charges/Ecs return after 21/6/19 furnished by the complainant is as follows:-

02/7/19 /charges/Ecs return 24/06/19 Rs.354/-, 02/7/19 /charges/Ecs return 26/6/19 Rs.354.

From Exbt A3 produced by the complainant it can be seen that the balance amount at credit of the complainant as on 16/5/19 was Rs.749.71 and an amount of Rs.177 deducted from the complainant’s account on 15/5/19 as Ecs return on 02/05/19 and Rs.354/- is deducted from the complainant account again on 16/5/19 towards Ecs return on 02/05/19.  Further on 23/5/2019, an amount of Rs.142/- is seen deducted from the credit of the complainant as Ecs return 17/5/19, leaving an amount of 1.71 @ his credit.  As Exbt. A3, it can be seen that an amount of Rs.354/- has been deducted on 14/6/2019  8 times and also an amount of Rs.212/- deducted from the account of the complainant on 14.06.19 a total of Rs. 3044/- has been deducted by the complainant’s bank against Ecs charges  from the complainant’s account.  Further on 02/07/19, Rs.354/- is deducted 4 times as Ecs return charges

            We have analyzed the matter in details with regard to the documents and other records produced by the complainant.  It is seen that there was insufficient funds at the credit of the complainant on the day of presenting of the cheque by the opposite party and the complainant has not produced any copy of records to substantiate the effect that the complainant had informed to the opposite party that he do not have sufficient fund at his credit and not to present the cheque before the bank where the complainant is having account with.  It can be seen that there is clear violation of natural justice and principles that the opposite party bank had presented the cheque more than 8 times on a single day knowing that the account holder had not keeping sufficient fund on that day and as a result the complainant’s bank had deducted Rs.354/- 8 times on 14/06/19  and also an amount of Rs.212/-deducted on 14/6/19, a total of Rs.3044/- has been deducted from the complainant’s account.  Further  on 02/07/19, Rs.354/- is deducted four times as Ecs return charges. This is a very clear case of unfair trade practice since the cheque was presented before the bank with whom the complainant had account with, for more than 8 times on a day.   The said bank had deducted Rs.3044/- from the account of the complainant which is a very clear case of  unfair trade practice which is to be attributed towards the opposite party which had happened due to the intentional presentation of the cheque before the bank of the account holder for which the opposite party is solely responsible.  Hence the opposite party has committed a very clear case of unfair trade practice and deficiency of service and therefore we are of the opinion that the opposite party is liable to refund the amount unnecessarily charged from the account of the complainant due to the faulty action of the opposite party and also liable to pay compensation to the complainant for the mental agony and hardship.   Hence issue no. 1 is found in favour of the complainant.  The allegation that the complainant has raised that he has lost his credit at CIBIL has also been looked into.  The complainant has not proved with any evidence that the result of the credit of CIBIL has affected in any manner.

Issue No (ii) and (iii)

The complainant suffered a lot of mental agony due to the deficiency of service and unfair trade practice from the opposite party.  We are of the opinion that the complainant is found entitled  to get compensation for the deficiency  of service which leads to unfair trade practice, committed by the opposite party,  which we quantified to be Rs.50000/-

In the result, we make the following direction to the opposite party bank

1. We direct the opposite party to refund an amount of Rs. 4460/- unduly deducted from the account of the complainant as per the Exbt A3.
2. We further direct the opposite party to pay compensation of Rs.50000/- to the complainant for the unfair trade practice, on account of  the fact of the case.
3. The complainant is entitled to get Rs.2000/-as cost of the proceedings from the opposite party.
4. The opposite party shall pay the amounts within 30 days from the date of receipt of a copy  this order, failing which the opposite party shall pay interest @ 12%per annum on the 31^st day of receipt f this order.

Pronounced the open Forum on this the 22nd   day of October 2020

                                                                                                                Sd/-

Sreevidhia T.N, .Member

     Sd/-

V.S  Manulal, President i/c

Forwarded by Order

Senior Superintendent

APPENDIX

Complainants exhibits:        

Exbt A1- True copy of the loan agreement statement No.19844074

(25.01.2019 to 02.07.2019)

Exbt A2- True copy of the loan agreement statement No.19845813

(24.01.2019 to 02.07.2019)

Exbt A3- True copy of the complainant Federal Bank account statement in the period of 24.01.2019 to 02.07.2019

Ezxbt A4- True copy of the lawyer notice dated 17.07.2019 issued to the opposite party

Exbt A5 – True copy of the acknowledgement card dated 18.07.2019 signed by the opposite party.

Opposite party’s Exhibits:       NIL

Depositions :   NIL

Despatched on:

 By hand:  By post