Punjab

Ludhiana

CC/21/256

Jasdeep Singh - Complainant(s)

Versus

Indusind Bank Ltd - Opp.Party(s)

Narinder Singh Adv.

09 Jul 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 256 dated 12.05.2021.                                                        Date of decision: 09.07.2024. 

Jasdeep Singh aged 31 years son of Sh. Bahadur Singh, resident of VPO Hans Kalan, Tehsil Jagraon, Distt. Ludhiana.

                                                                                       ..…Complainant

                                                Versus

1. M/s. IndusInd Bank Ltd. (Vehicle Finance Division), SCO-12/13, Canala Colony, Pakhowal Road, Ludhiana through its Manager Sumit Sharma.
2. Prince Verma, Manager Loan Department, M/s. IndusInd Bank Ltd. (Vehicle Finance Division), SCO-12/13, Canala Colony, Pakhowal Road, Ludhiana         .                                                                                                                                               …..Opposite parties 

Complaint Under Section 35 of the Consumer Protection Act, 2019.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. Narinder Singh, Advocate.

For OPs                          :         Sh. Ritesh Mohindra, Advocate.

 

ORDER

PER SANJEEV BATRA, PRESIDENT

1.                In brief, the facts of the case are that OP1 Bank is in the business of advancement of vehicle loans through its Manager as well as OP2. The complainant availed loan from OP1 through OP2 for his vehicle make Scorpio bearing registration No.PB-10-CV-9813 vide loan agreement No.PLL03595C. The complainant stated that the OPs took 8 blank cheques from him as a security to repay the loan amount, which was to be paid in equal installments of Rs.15,270/- per month each. The complainant deposited all the loan installments with OP1 and never made any default and there are no dues against him. Since the complainant had already repaid the entire loan amount and as such, he approached OP1 through Sh. Sumit Sharma, Manager and OP2 with request to issue NOC and duly finance termination form No.35, No objection certificate of the vehicle and to return blank cheques but they flatly refused to do so and even they started demanding Rs.10,000/- from him. The complainant further stated that at the time of advancement of loan, the OPs offered the complainant to get insurance policy from their own insurance company to which the complainant refused and got insured his vehicle of his own. However, the OPs fraudulently insured the vehicle in question without consent or information of the complainant. Even they started demanding an amount of Rs.10,000/-  against the insurance charges. Further the OPs started collecting installments of Rs.16,270/- by enhancing Rs.1000/- despite the actual fixed installment of Rs.15,270/-. Even the OPs did not supplied any policy documents to the complainant. On raising objection by the complainant, the OPs assured him to adjust the said amount in loan installments. The complainant further stated that when he approached the OPs with request to issue NOC and form No.35, the OPs started pressurizing and blackmailing him to deposit the overdue amount and sent a false and frivolous notice with demand of additional amount. The act and conduct of the OPs amounts to deficiency in service and unfair trade practice due to which the complainant has suffered mental tension, harassment as well financial loss and loss of reputation. The complainant issued a legal notice dated 14.08.2020 upon the OPs through Sh. Narinder Singh, Advocate but to no effect. Hence this complaint, whereby the complainant has prayed for issuing direction to the OPs to issue NOC along with Form No.35 and to return back the blank signed cheques along with compensation of Rs.2,00,00/- and litigation expenses of Rs.22,000/-.

2.                Upon notice, the OPs appeared and filed joint written statement and assailed the complaint by taking preliminary objections on the ground of maintainability; lack of cause of action; the complainant being estopped by his own act and conduct; suppression of material facts; the complaint is bad for non-joinder and mis-joinder of necessary parties etc. The OPs stated that the vehicle was insured by them at the request of the complainant reflecting their name as financer of the vehicle. The insurance amount of Rs.10,000/- was deducted by the OPs and first 10 installments were of Rs.16,270/- which was duly paid by the complainant and as such, there is no forgery, concealment and deficiency in service on the part of the OPs. The demand notice of outstanding amount of Rs.17,800/- was duly sent to the complainant by the OPs on 05.11.2019 but till date the complainant has neither paid the said amount nor replied the said notice. The OPs further stated that the complainant has filed the present complaint to grab money from them.

                   On merits, the OPs reiterated the crux of averments made in the preliminary objections. The OPs have denied that there is any deficiency of service and have also prayed for dismissal of the complaint.

3.                The complainant filed replication to the written statement of the OPs reiterating the facts mentioned in the complaint and controverted those mentioned in the written statement of the OPs.

4.                In evidence, the complainant tendered his affidavit as Ex. CW1/A and reiterated the averments of the complaint and also tendered affidavit Ex. CW2/A of  Sh. Amritpal Singh, of VPO Roomi, Tehsil Jagraon, Distt. Ludhiana The complainant also placed on record documents Ex. C1 is the copy of Loan Recall Notice dated 05.11.2019, Ex. C2 is the copy of legal notice dated 14.08.2020, Ex. C3 and Ex. C4 are the postal receipts, Ex. C5 is the copy of account statement dated 30.07.2019, Ex. C6 is the copy of insurance certificate of National Insurance Co. w.e.f. 28.01.2017 to 27.01.2018, Ex. C7 is the copy of insurance certificate of National Insurance Co. w.e.f. 28.01.2018 to 27.01.2019, Ex. C8 is the copy of insurance certificate of New India Assurance Co. Ltd. w.e.f. 28.01.2019 to 27.10.2020, Ex. C9 is the copy of text message dated 29.01.2018, Ex. C10 is the cop of Aadhar Card of the complainant and closed the evidence.

5.                On the other hand, the counsel for the OPs tendered affidavit  Ex. RA of Sh. Sh. Sumit Sharma, Manager of IndusInd Bank Ltd., Pakhowal Road branch, Ludhiana along with documents Ex. R1 is the copy of power of attorney, Ex. R2 is the copy of Aadhar Card of Sumit Kumar, Ex. R3 and Ex. R5 are the copies of Statement of Accounts dated 15.11.2021, Ex. R4 is the copy of insurance certificate  of Chola MS w.e.f. 28.01.2018 to 27.01.2019, Ex. R6 is the copy of loan application form, Ex. R7 is the copy of RC of the vehicle No.PB10-CV-9813. Ex. R8 is the cop of Loan Recall Notice dated 05.11.2019  and closed the evidence.             

6.                We have heard the arguments of the counsel for the parties and also gone through the complaint, replication, affidavits and annexed documents and written statement along with affidavit and documents produced on record by both the parties.

7.                In the present case, the grievance raised by the complainant is that the OPs insured his vehicle No.PB-10-CV-9813 of their own and without his express consent and concurrence. Further the OPs started deducting Rs.1000/- excess in each installments by increasing the installment from Rs.15,270/- to Rs.16,270/-. In fact, the complainant himself got insured his vehicle from National Insurance Co. Ltd. Vide insurance certificates Ex. C6 and Ex. C8 by paying premium from his own pocket and the OPs were informed in advance. Further the complainant claimed that the OPs did not issue NOC, Form No.35 and blank cheques after repayment of entire loan amount despite his request and service of legal notice dated 14.08.2020 Ex. C2

8.                During the proceedings of the complaint, the OPs filed an application to dispose of the complaint with undertaking to close the account after waiving off the outstanding amount of Rs.17,785/- along with interest as a goodwill gesture and to issue the NOC to the complainant. In reply to the said application, the complainant admitted the receipt of NOC, Form 35 from the OPs and even produced the copies of NOC and Form No.35 dated 16.03.2024. As such, this part of the grievance of the complainant has been duly redressed by the OPs by issuance of NOC as well as Form No.35. As such, now the complaint filed by the complainant has become in-fructuous and the same deserves dismissal.

9.                As a result of above discussion, the complaint is hereby dismissed. However, there shall be no order as to costs. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.        

10.              Due to huge pendency of cases, the complaint could not be decided within statutory period.

 

 

(Monika Bhagat)                              (Sanjeev Batra)               Member                                         President  

 

Announced in Open Commission.

Dated:09.07.2024.

Gobind Ram.