Delhi

North East

CC/35/2023

Mohd. Sajid - Complainant(s)

Versus

Indian Bank - Opp.Party(s)

03 Jul 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.35/23                                   

In the matter of:

 

	Mohd. Sajid S/o Sh. Shamim Ahmad, Proprietor of M/s Accurate Engineering Tools R/o H.No. B 889, St. No. 13/4, Subhash Vihar, North Ghonda, Delhi 110053	Complainant
	Versus
	Indian Bank Through its Manager Yamuna Vihar Branch 1/3, Yamuna Vihar, Branch Code 02763 Delhi 110053	Opposite Party

 

DATE OF INSTITUTION:         JUDGMENT RESERVED ON:                          DATE OF ORDER:

13.02.23 03.04.24 03.07.24

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

Ms. Adarsh Nain, Member

ORDER

 

Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019.

Case of the Complainant

1. The case of the Complainant as revealed from the record is that the Complainant applied for loan it was agreed between Complainant and Opposite Party that the above said loan was granted for 60 months and shall be returned in 60 instalments for Rs. 22,100/- each. It is stated that Opposite Party deducted 3 more instalments of total amounting to Rs. 66,300/- on 01.05.22, 01.06.22 and 01.07.22 of Rs. 22,100/- each. It is stated that Opposite Party further deducted Rs. 46,876.72 from bank account of Complainant under the head of CGFMU charge which was neither disclosed by the Opposite Party nor the Complainant agreed to pay the same to the Opposite Party. The Complainant served legal notice to Opposite Party dated 24.12.22 but Opposite Party did not respond the same till date. On 23.01.23 after completion of loan period Opposite Party again deducted Rs. 16,975/- from bank account of Complainant under head of CGFMC. It is stated that Opposite Party is deducting above said amount from the account of the Complainant through CCS without the permission of the Complainant which tantamount to misrepresentation, unfair trade practice. Hence, this shows deficiency in service on behalf of Opposite Party. The Complainant has prayed for Rs. 1,30,151/- along with 18 % p.a. interest on the said amount till the repayment of the same to the Complainant and Rs. 5,00,000/- for mental harassment. The Complainant has also prayed that Opposite Party be directed to handover the NOC to the Complainant and for Rs. 55,000/- towards litigation expenses.
2. None has appeared on behalf of the Opposite Party despite service of notice to contest the case. Therefore, Opposite Party was proceeded against ex-parte vide order dated 26.04.23.

Ex- Parte Evidence of the Complainant

3. The Complainant in support of his case filed his affidavit wherein he has supported the assertions made in the complaint.

Arguments & Conclusion

4. We have heard the Complainant. We have also perused the file and written arguments filed by the Complainant. The averments made by the Complainant in the complaint are supported by his affidavit and documents filed by him. The Opposite Party did not appear and did not file any written statement. Therefore, the averments made in the complaint are to be believed.
5. In view of the above, the complaint is allowed.  The Opposite Party is directed to pay the amount in question of Rs. 1,30,151/-  to the Complainant with interest @ 9 % p.a. from the date of filing the complaint till recovery.  The Opposite Party is further directed to pay Rs. 25,000/- to the Complainant  on account of mental harassment and Rs. 10,000/- towards litigation expenses along with interest @ 9 % p.a. from the date of this order till recovery.
6. Order announced on 03.07.24.

Copy of this order be given to the parties free of cost

File be consigned to Record Room.

(Anil Kumar Bamba)	(Adarsh Nain)	(Surinder Kumar Sharma)
(Member)	(Member)	(President)