Kerala

Thiruvananthapuram

CC/194/2021

Madhusoodhanan B - Complainant(s)

Versus

IDFC First Bank - Opp.Party(s)

22 Jul 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

PRESENT

                          SRI.P.V.JAYARAJAN         : PRESIDENT

                          SMT.PREETHA G NAIR      : MEMBER

                          SRI.VIJU.V.R                     : MEMBER

CC.NO.194/2021 (Filed on : 28.06.2021)

ORDER DATED : 22.07.2022

 COMPLAINANT

          Madhusoodhanan.B

          196, Lijitha Bhavan,

          Azhivila, Kuttiyamoodu,

          Nettayam.P.O

          Thiruvananthapuram- 695013

 

          (Party in person)

                                                          VS

 OPPOSITE PARTY

The Manager,

IDFC First Bank,

Statue Junction,

Thiruvananthapuram – 695001

 

(Set exparte)

ORDER

SRI.VIJU.V.R                 : MEMBER

1. The complainant has presented this complaint before this Commission under section 12 of the Consumer Protection Act 1986, alleging that the complainant purchased a mobile phone on January 2020 for Rs.14,000/- from the opposite party by availing loan. The complainant has issued a cheque of HDFC Bank to the opposite party. On 10.01.2020 and on 12.08.2020 the complainant had paid Rs.5000/- each on his account maintained with HDFC. Due to Corona the complainant was unable to pay other instalments in the bank. The opposite party has withdrawn Rs.10,000/- from the account of complainant maintained with the HDFC. One of the executives of the opposite party on 26.03.2021 approached the complainant and collected Rs.10,200/- from him. The complainant has paid a total amount of Rs.20,200/- to the opposite party as the price of the mobile phone. After that the opposite party has withdrawn Rs.18,540/- from the account of the complainant. The opposite party has almost collected Rs.40,000/- for the phone, even though the actual price of the mobile phone was only Rs.14,000/-. The act of the opposite party amounts to deficiency in service. Hence this complaint.

2.       Even though the opposite party has received notice, they did not appear before this Commission, hence they were set exparte.

Issues to be ascertained:

1. Whether there is any deficiency in service from the side of opposite party.
2. Whether the complainant is entitled to get the reliefs?

      3. Both these issues are considered together for the sake of convenience. The complainant has filed affidavit in-lieu of chief examination and has produced 4 documents which were marked as Exts. P1 to P4.   It can be seen from Ext P2 that the complainant has paid Rs 5000/- each on 10/1/2020 & on 12/8/2020. But the complainant has not produced any evidence to show that he has paid Rs 10,200/- to the representative of opposite party. On going through Ext. P2 it can be seen that on 5/4/21 on different time an amount of Rs 17,989.67 has been deducted from the account of the complainant by the opposite party. But as per Ext.P4 it can be seen that the complainant has paid an amount of Rs 15,481/- as the installment. So it can be seen that the opposite party has collected a total of Rs. 27,989.67/- from the complainant. The opposite party has collected excess amount as interest than the principal amount, which is an unfair trade practice. Hence the opposite party has to return      Rs.12,508.67/- (Rs 27,989.67-15,481) which is collected as excess amount from the complainant.

              In the result, complaint is allowed. The opposite party is directed to pay an amount of Rs.12,508.67 and pay Rs.10,000/- as compensation for the mental agony suffered by the complainant and also pay Rs.2500/- towards the cost of the proceedings within one month from the date of receipt of this order failing which amount except cost carries interest @ 9% per annum from the date of order till realization.

            A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

            Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Court, this the 22^nd day of July 2022.

 

                                                                                         Sd/-

P.V.JAYARAJAN: PRESIDENT

 

                                                                                           Sd/-

PREETHA G NAIR: MEMBER

 

                                                                                                 Sd/-

VIJU.V.R: MEMBER

 

 

 

 

 

 

Be/

APPENDIX

CC.NO.194/2021

List of witness for the complainant

PW1            -        Madhusoodhanan.B

Exhibits for the complainant

Ext.P1                   - Copy of No due certificate

Ext.P2                   - Copy of bank statement

Ext.P3                   - Copy of Retail invoice

Ext.P4                   - Copy of account statement

List of witness for the opposite party - NIL

List of witness for the opposite party - NIL

Court Exhibits                                   - NIL

                                                                                                   Sd/-

3270399981102.