Punjab

Ludhiana

CC/22/486

Satnam Singh - Complainant(s)

Versus

Indusind Bank Ltd - Opp.Party(s)

Balwinder Singh

16 May 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No:486 dated 22.12.2022.                                                         Date of decision: 16.05.2023.

 

Satnam Singh aged 74 years son of Shri Sardara Singh, resident of H. No.248, Urban Estate, Focal Point, Phase-1, Jamalpur, Ludhiana. Mobile. 9872809921.                                                                                  ..…Complainant

                                                Versus

1. Indusind Bank Limited, Loan Department, Branch Pakhowal Road, Ludhiana through its Branch Manager/Authorized signatory.
2. Indusind Bank Ltd., Registered Office at 2401, General Thimmayya Road (Cantonment), Pune, Maharashtra-411001, through its Managing Director./Authorized Signatory/Signing Authority.

…..Opposite party 

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

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH. JASWINDER SINGH, MEMBER

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. Balwinder Singh Rupal, Advocate.

For OPs                          :         Exparte.

 

ORDER

PER JASWINDER SINGH, MEMBER

1.                Shorn of unnecessary details, the facts of the case are that the complainant is a Senior Citizen having aged about 74 years and he availed a car loan from the opposite parties for purchase of his new Breeza car vide contract No.PL05285C for an amount of Rs.5,05,987/- to be repaid in 60 equal installments of Rs.10,918/-. The complainant stated that he was regularly paying the installments on monthly basis. On 12.07.2019, the complainant deposited Rs.2,00,000/- vide cheque No.852197 in his said loan account with opposite parties for adjustment of his outstanding loan amount. In the month of May 2022, the complainant inquired about the outstanding loan amount from the opposite party bank and it transpired that the opposite parties have not adjusted Rs.2,00,000/-  to the loan amount w.e.f. its date of deposit i.e. 12.07.2019 and as such, the opposite parties have not given any interest benefits to the complainant for the period of about 2½ years on the amount of Rs.2,00,000/-  deposited by the complainant nor they have deducted interest on the total balance outstanding loan amount pending against the complainant. The complainant approached the opposite parties to do the needful but nothing was done by them. The complainant further stated that he has suffered mental agony and harassment due to deficiency in service and unfair trade practice on the part of the opposite parties. The complainant sent a legal notice dated 12.05.2022   through his counsel Sh. Balwinder Singh Rupal, Advocate but no reply was received. Hence this complaint, whereby the complainant has sought prayed for issuing direction to the opposite parties to adjust back date interest on Rs.2,00,000/- w.e.f. 12.07.2019 in the total outstanding loan and also to pay compensation of Rs.50,000/- and litigation expenses of Rs.10,000/-.

2.                Notice was sent to opposite party No.1 but the same was received back with the report of refusal and as such, opposite party No.1 was proceeded against exparte vide order dated 15.03.2023. Similarly, notice was sent to opposite partyNo.2 through registered post on 05.01.2023 but none appeared for opposite party No.2 and as such, opposite party No.2 was proceeded against exparte vide order dated 15.03.2023.

3.                In support of his exparte claim, the complainant tendered his affidavit Ex. CA in which he reiterated the allegations and the claim of compensation as stated in the complaint. The complainant also tendered documents i.e. Annexure-1 is the copy of Aadhar card of the complainant, Annexure-2 is the copy of statement of account of the complainant of Indusind Bank, Annexure-3 is the copy of repayment schedule, Annexure-4 is the copy of statement of account of the complainant of Canara Bank, Annexure-5 is the legal notice dated 12.05.2022, Annexure-6 and Annexure-7 are the postal receipts and closed the evidence.

4.                We have heard the arguments of the counsel for the complainant and also gone through the complaint, affidavit and annexed documents produced on record by the complainant.  

5.                Undisputedly, the complainant purchased a new car make Breeza and availed car loan facility from the opposite parties for an amount of Rs.5,05,987/- on 19.03.2019 which was to be repaid in 60 equal monthly installments of Rs.10,918/-. According to the complainant, he had been regularly paying the EMIs. The grievance raised by the complainant is that on 12.07.2019, he deposited an amount of Rs.2,00,000/-  vide cheque No.852197 in the loan account for its partial adjustment but the opposite parties did not make the repayment towards the loan amount and the said amount left to be unadjusted which resulted in excess payment of interest by the complainant. Perusal of statement of account Annexure-R4 shows that an amount of Rs.2,00,000/- was deposited on 12.07.2019 but the said amount was adjusted in May 2020 in installments and the bank kept the same on hold. Had the opposite parties adjusted the amount on the day of its deposit i.e. from 12.07.2019 then certainly it would have resulted in reduction in subsequent EMIs. Moreover, the exparte evidence of the complainant has gone unrebutted and uncontroverted. As such, the act and conduct of the opposite parties  amounts to deficiency in service and unfair trade practice. In the given set of facts and circumstances, it would be just and appropriate if the opposite parties are directed to overhaul the loan account of the complainant up to date when the payment of Rs.2,00,000/- was made on 12.07.2019 and also to pay composite cost of Rs.10,000/-.

6.                As a result of above discussion, the complaint is partly allowed exparte with direction to the opposite parties to overhaul the loan account of the complainant up to date as if the payment of Rs.2,00,000/- was made on 12.07.2019 within 30 days from the date of receipt of copy of order. The opposite parties also pay a composite costs of Rs.10,000/- (Rupees Ten Thousand only) to the complainant within 30 days from the date of receipt of copy of order.  Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

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

 

(Monika Bhagat)          (Jaswinder Singh)                     (Sanjeev Batra)

Member                         Member                                       President         

 

Announced in Open Commission.

Dated:16.05.2023.

Gobind Ram.

 

 

Satnam Singh Vs Indusind Bank                                    CC/22/486

Present:       Sh. Balwinder Singh Rupal, Advocate for the complainant.

                    OPs exparte.

 

                    The counsel for the complainant closed evidence after tendering affidavit Ex. CA along with documents Annexure-1 to Annexure-7.        

                   Arguments heard. Vide separate detailed order of today, the complaint is partly allowed exparte with direction to the opposite parties to overhaul the loan account of the complainant up to date as if the payment of Rs.2,00,000/- was made on 12.07.2019 within 30 days from the date of receipt of copy of order. The opposite parties also pay a composite costs of Rs.10,000/- (Rupees Ten Thousand only) to the complainant within 30 days from the date of receipt of copy of order.  Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

 

(Monika Bhagat)          (Jaswinder Singh)             (Sanjeev Batra)

Member                         Member                              President        

 

Announced in Open Commission.

Dated:16.05.2023.

Gobind Ram.