Date of Filing: 21.04.2017
Date of Disposal: 11.03.2020
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
THIRUVALLUR-1
PRESENT: THIRU. J. JUSTIN DAVID., M.A., M.L., .…. PRESIDENT
TMT.K.PRAMEELA, M.Com., ……..MEMBER-I
THIRU. D.BABU VARADHARAJAN, B.Sc., B.L., ……MEMBER-II
CC No.22/2018
THIS WEDNESADY THE 11th DAY OF MARCH 2020.
1.J.R.Damodharan,
S/o.J.V.Rangaiah,
2.D.Banu,
W/o.J.R.Damodharan,
Both are carrying business at
No.2-66/NA Vannur Street,
K.G.Kandigai Village and Post,
Thiruttani taluk, Thiruvallur District. ….. Complainants.
//Vs//
India Infoline Finance Limited,
No.107, Kamarajar Street,
Kancheepuram Town 631 501,
Also at
No.143, M.G.R.Road,
Perungudi, Chennai – 600 096. ….Opposite party.
Dateof filing:21.04.2017.
Counsel for the complainants. : M/s.A.Gopinath.
Counsel for the opposite party. : Ex-Parte.
This Complaint is coming upon for final hearing before us on 28.02.2020 and the opposite party was set ex-parte for non appearance and perused the complainant documents and argument on the side of the complainant this forum delivered the following:
ORDER
PRONOUNCED BY THIRU.J.JUSTIN DAVID, PRESIDENT
This complaint has been preferred by the complainants Under Section 12 of the consumer protection Act, 1986 against the opposite party seeking direction to refund a sum of Rs.12,482.01/- wrongfully debited from the complainant account and to pay a sum of Rs.2,00,000/- towards compensation for unfair trade practice and deficiency in service and to pay a sum of Rs.5,000/- towards cost of proceedings to the complainants.
2.The brief averment in the complaint is as follows:-
The 1st complainant and 2nd complainant are husband and wife they are carrying a transport business in the name and style of J.J.D. Transport at No.2-66/NA Vannur Street, K.G.Kandigai Village and Post, Tiruttani Taluk, Thiruvallur District. The 1st complainant borrowed a sum of Rs.2,51,895/- through the loan account bearing No.1000063942 and the 2nd complainant also borrowed a sum of Rs.3,02,343/- through the loan account bearing No.100064509 from the opposite party for purchasing transport lorry under Hire Purchase Agreement. The 1st complainant has been paid regularly the borrowed loan amount on the basis of monthly installments of Rs.17,020/- from October 2015 onwards by way of ECS through his bank account maintained by the 1st complainant in the Indian Overseas Bank, Tiruttani Branch and now the 1st complainant has to pay the balance amount of only three installments only. The 1st complainant is bound to pay the every monthly installments at the rate of Rs.17,020/- to the opposite party from 03.10.2015 to 03.02.2017 totally 17 months and the same had paid by the 1st complainant regularly through Indian Overseas Bank ECS clearing method and paid every dues of installments regularly. The every month installments ought to pay by the complainants to the opposite party were debited through ECS from the account of the JDD Transport vide A/c No.140502000000412 and further the complainants had not given any permission to the opposite party to debit through ECS clearing to any other purpose other than the said monthly installments but the opposite party had debited a sum of Rs.12,482.01/- on various dates from their bank account. While so the opposite party had sent email to the 1st complainant and demanded to pay a sum of Rs.60,000/- due was there. The complainant was surprised and shocked because he had paid regularly all the every monthly installments at the rate of Rs.17,020/- for the total period of 17 months and therefore the opposite party ought to have refunded a sum of Rs.12,482.01/- to the complainant because the opposite party had wrongly debited as stated above which is bound to refund to the complainant instead of doing that the opposite party had sent email to the complainant and demanded Rs.60,000/- particularly when the 1st complainant had paid all the 17 EMI with any default. The opposite party through the loan account number 1000064509 sanctioned a sum of Rs.3,02,543/- but paid only a sum of Rs.2,94,000/- to the 2nd complainant. The EMI amount is Rs.12,741/- the tenure is 30 months the 1st EMI starts from 03.10.2015 and the last EMI is 03.03.2018. The opposite party wantonly debited the deposited every monthly installments through the ECS system belatedly only subsequent to the due date and thereby debited some additional amount as penal charges from the complainants’ accounts illegally for the late payment even though there was no fault on the complainants. The 2nd complainant regularly paid the EMI amount from 30.11.2015 to till date without any default. The complainants personally approached the opposite party asked the opposite party to furnish statement of accounts and particulars but the opposite party failed to produce it. The 2nd complainant is ready to pay the EMI amount to opposite party. The complainants have sent legal notice to the opposite party on 27th September 2016 which was received by the opposite party, but no reply has been sent to the complainants’ counsel. The act afore said on the part of the opposite party clearly shows their negligence, deficiency in service and they have caused mental agony to the complainants. Hence this complaint.
3. In spite of notice duly served to the opposite party from this Forum the opposite party neither appeared nor represent through counsel. Hence the opposite party was set ex-parte.
4. In such circumstances, this Forum decided to conclude this matter fully on merits with available evidence and documents put forth before this Forum though the opposite party was set Ex-parte.
5. On the side of the complainants, the complainants filed proof Affidavit in order to substantiate their case and Exhibit A1 to A6 were marked on their side and written argument filed but oral argument also not adduced on the side of complainants.
6. At this juncture, the points for determination before this Forum are as follows:-
(1)Whether there is any deficiency in service on the side of the opposite party as alleged in the complaint?
2. Whether the complainant is entitled for reliefs as claimed in this complaint from the opposite party?
(3) To what other reliefs, this complainant is entitled to?
7. Point No.1 & 2:-
The 1st and 2nd complainant are husband and wife and they are carrying business in the name and style of J.J.D. Transport at No.2-66/NA vannur Street, K.G.Kandigai Village and Post, Tiruttani Taluk, Thiruvallur District. The 1st complainant borrowed a sum of Rs.2,51,895/- from the opposite party on 01.10.2015 and agreed to pay the loan amount at the rate of 17,020/- per month commencing from 03.10.2015 till 03.02.2017. Ex.A1 is the copy of loan sanction letter. As per Ex.A1 the 1st complainant agreed to pay the monthly installments at the rate of 17,020/- from 03.10.2015 till 03.02.2017. The 1st complainant further agreed to pay the monthly installment on or before 3rd every month. The loan account number of the 1st complainant is 1000063942. The 2nd complainant who is the wife of the 1st complainant also borrowed a sum of Rs.3,02,343/-. The 2nd complainant also agreed to pay the loan amount at the rate of 12,741/- from 0310.2015 to 03.03.2018. Ex.A2 is the copy of loan sanctioned letter issued by the opposite party to the 2nd complainant dated 01.10.2015. As per Ex.A2 the 2nd complainant agreed to repay the loan amount at the rate of 12,741/-per month commencing from 03.10.2015 to 03.03.2018. The complainant further agreed to pay the monthly installments on or before 3rd every month up to 03.03.2018.
8. The complainant alleged that they paid monthly installments regularly but the opposite party deducted the excess amount of Rs.12,842.01/- from the account of the complainants.Ex.A3 is the copy of statement of account issued by the Indian Overseas Bank, Thiruttani Branch in which it is stated that the account No.140502000000412 in the name of M/s. J.D.D. Transport, No.2.66/1 Vannar Street, K.G.Kandigai and the above statement of account is for the period from 14.12.2015 to 31.08.2016. Further Ex.A5 is the copy of another statement of account for the period from 31.10.2016 to 29.11.2016. At the same time the complainant has not filed any statement of account from 03.10.2015 to 13.12.2015, period from 01.09.2016 to 30.09.2016 and period from 30.11.2016 till date of filing this complaint before this forum. The statement of account filed by the complainants namely Ex.A3 and Ex.A5 shows that the complainants paid only 10 installments of the loan amount but the complainants alleged that they paid the monthly installments regularly to prove the same the complainants have not filed any documents on their sides. Further the statement of account shows that the complainants paid the installments on 14.01.2016, 03.02.2016, 03.03.2016, 08.04.2016, 07.05.2016, 08.06.2016, 04.07.2016, 08.08.2016, 10.10.2016 and 22.11.2016. As per loan sanctioned letter the complainants have to pay the monthly installments on or before 3rd day of every month but the complainants have not remitted monthly dues within stipulated time and therefore the opposite party had charged some excess amount. It is the duty of the complainants to pay the monthly installments within the stipulated time. But the complainants failed to pay the monthly installments within a stipulated time and therefore the opposite party collected some excess amount. Further the complainants also not paid the installments regularly.
9. The opposite party has not filed any written version and he was set ex-parte but here in this complaint the complainants failed to prove their case by acceptable documents. It is the duty of the complainants to prove their case with documents. But the complainants have not proved the allegation mentioned in this complaint. Hence there is no deficiency in service on the part of the opposite party and also the complainants have not entitled for any reliefs as claimed in this complaint. Thus the point No.1 & 2 are answered accordingly.
10. Point No.3:-
In the result this complaint is dismissed. No costs.
Dictated by the president to the steno-typist, transcribed and computerized by him, corrected by the president and pronounced by us in the open forum of this 11th day of March 2020.
Sd- Sd- Sd-
MEMBER-I MEMBER-II PRESIDENT
List of document filed by the complainant:-
Ex.A1 | 01.10.2015 | 1st complainant’s loan account particulars and EMI particulars | Xerox |
Ex.A2 | 01.10.2015 | 2nd complainant’s loan account particulars and EMI particulars | Xerox |
Ex.A3 | 14.12.2015 to 31.08.2016 | Statement of accounts particulars given by the Indian Overseas Bank, Tiruttani Branch. | Xerox |
Ex.A4 | 27.09.2016 | Copy of notice sent by complainants’ counsel to the opposite party | Xerox |
Ex.A5 | 01.10.2016 to 30.11.2016 | Statement of accounts particulars given by the Indian Overseas Bank to the opposite party. | Xerox |
Ex.A6 | ……………. | Acknowledgement card (3 numbers) | Xerox |
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List of document filed by the opposite party:-
(Ex-party)
Sd- Sd- Sd-
MEMBER-I MEMBER-II PRESIDENT