DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB.

 

Complaint Case No : CC/111/2023

Date of Institution   : 08.09.2023

Date of Decision    : 21.06.2024

Bhupinder Singh aged about 56 years Sran son of Harchand Singh, resident of VPO Kaleke Near, Govt. Sen Sec School, Barnala, Punjab.         

                          …Complainant Versus

1.Indusind Bank, Registered Office: 2401, Gen. Thimmayya Rd.(Cantonment) Pune-411001, through its Managing Director/Authorized Signatory.

2.Indusind Bank, SCO 12-13, 2nd & 3rd Floor, Canal Colony, Pakhowal Road, Near Nri Silk, Ludhiana, through its Manager. 

3.Indusind Bank, Near Nanaksar Gurudwara Sahib Barnala-Barnala, through its Manager. 

                           …Opposite Parties

Complaint Under Section 35 of Consumer Protection Act, 2019.

Present: Sh. Gagandeep Garg counsel for complainant.

Sh. Amarinder Singh counsel for opposite parties.

Quorum:-

1. Sh. Jot Naranjan Singh Gill : President

2.Smt. Urmila Kumari : Member

3.Sh. Navdeep Kumar Garg : Member

ORDER BY JOT NARANJAN SINGH GILL, PRESIDENT:

The complainant namely Bhupinder Singh has filed the present complaint under Section 35 of the Consumer Protection Act 2019, (amended upto date) against Indusind Bank, Registered Office: 2401, Gen. Thimmayya Rd.(Cantonment) Pune-411001, through its Managing Director/Authorized Signatory & others (hereinafter referred as opposite parties).  

2. The facts leading to the present complaint are that the opposite party No. 1 is the head office of opposite parties No. 2 & 3 for providing banking services to the customers being branches of opposite party No. 1. In the month of September 2022 complainant approached for one car loan to opposite party No. 3 and it was orally told by opposite party No. 3 that if complainant avails loan in the month of September 2022, then its first installment will be started in the month of November 2022 and it will be deducted by auto pay mode, which will be activated by opposite party No. 3. It is further alleged that on 30.9.2022 complainant availed a car loan bearing loan agreement No. PLL07909C from opposite party No. 3 for his purchased car Swift Desire bearing No. PB32P0035, after signing various documents including auto pay facility of complainant's account lying with State Bank of India. Thereafter, the opposite party No. 3 never sent any document to complainant regarding the sanction of loan. As per oral conversation complainant was under impression that his first installment of the car will be deducted in November 2022, but till 15.11.2022 opposite parties did not deduct the first installment and complainant approached opposite party No. 3 and enquired the matter that why the installment is not deducted, but opposite party No. 2 did not respond for it and advised to pay it with online mode. Thereafter, complainant himself paid it with online mode from his account of SBI Bank. Thereafter, opposite parties deducted the next installments itself with autopay mode from the account of complainant lying with SBI Bank till today. It is further alleged that on 1.3.2023 complainant got astonished when he received one overdue cum demand notice dated 1.3.2023 for an amount of Rs. 14,536/-. Thereafter, complainant approached opposite party No. 2 & 3, who assured the complainant that opposite parties will not charge the above said amount, but now opposite parties again sent the said demand notice dated 3.4.2023 for an amount of Rs. 14,980/- with arbitrary manner and due to these acts CIBIL score of complainant has been affected and for which complainant has already approached to opposite parties many times and explained the matter. Complainant has no bad intention for not to pay the installment, as from the date of loan to till 15.11.2023 sufficient amount of installment was laying in the account of complainant. The complainant approached the opposite parties number of times and requested to withdraw the overdue demand notice and do necessary corrections for effected CIBIL score. Complainant has also sent legal notice through his counsel, but no reply was given to the said notice. So, it is unfair trade practice and deficiency in the service on the part of the opposite parties that opposite parties are taking undue advantage with arbitrary manner. Hence, the present complaint is filed for seeking the following reliefs.- 

(i)To withdraw the overdue notice dated 1.3.2023 and 3.4.2023 and dated 1.8.2023 send by opposite parties to complainant and do necessary actions to correct the CIBIL Score. 

(ii)To pay a sum of Rs. 1,00,000/- to the complainant due to loss and the mental torture agony harassment in convenience suffered by the complainant and pay Rs. 30,000/- as litigation expenses.  

3. Notice was sent to the opposite parties, but opposite parties failed to appear and were proceeded against exparte vide order dated 25.10.2023. 

4. It is important to mention here that on 18.6.2024 Sh. Amarinder Singh Advocate filed an application for permitting the opposite parties No. 1 to 3 to join the proceedings and the complainant has filed reply to the application. After going through the facts of the application as well as reply to application this Commission has allowed the above said application filed by the opposite parties No. 1 to 3 and accordingly the opposite parties No. 1 to 3 are allowed to join the proceedings at the stage of arguments vide order dated 18.6.2024.

5. In evidence the complainant tendered into evidence his own affidavit Ex.C-1, copies of letters dated 1.8.2023, 1.8.2023, 3.4.2023, 1.3.2023, 1.3.2023 Ex.C-2 to Ex.C-6, copy of legal notice Ex.C-7, postal receipts Ex.C-8 to Ex.C-10, copy of statement of account Ex.C-11 and closed the evidence.

6. We have heard the Ld. Counsel for the parties and have gone through the record. Written arguments filed by the complainant and opposite parties. 

7. In order to prove his case, the complainant has placed on record his detailed affidavit Ex.C-1 vide which the complainant reiterated the averments as mentioned in the complaint. The complainant has further placed on record copy of letter dated 1.8.2023 Ex.C-2 vide which the Subject Overdue cum Demand Notice has been written. It is further mentioned in the letter that you are liable to pay a sum of Rs. 16,866.30 towards overdue as on 31.7.2023. Ex.C-4 is the copy of another letter dated 3.4.2023 sent by the opposite parties to the complainant vide which the Subject Overdue cum Demand Notice has been written and it is mentioned that you are liable to pay a sum of Rs. 14,980.71 towards overdue as on 2.4.2023. Ex.C-5 is the another copy of letter dated 1.3.2023 which was sent by the opposite parties to the complainant vide which the Subject Overdue cum Demand Notice has been written. It is further mentioned that you are liable to pay a sum of Rs. 14,536.26 towards overdue as on 28.2.2023. The complainant further placed on record copy of legal notice dated 28.7.2023 Ex.C-7 sent to the opposite parties by the complainant. Ex.C-8 to Ex.C-10 are the postal receipts. The complainant also placed on record statement of account Ex.C-11 and from the perusal of account statement from 1 Sep 2022 to 31 Aug 2023 it shows that the complainant on 11 Nov 2022 paid the installment by debit card OTHPG 349338 Indusind Loan Rep Pune of an amount of Rs. 12,457.00. It is further shows that thereafter the opposite parties auto debited the above said amount from the account of the complainant regularly on the due date of every month. The allegation of the complainant is that the opposite parties debited the amount of Rs. 12,457.00 from the account of the complainant on 15 Sep 2023 and again on 27 Sep 2023 two times in a month arbitrarily. The another allegation of the complainant is that the opposite parties have sent overdue cum demand notices dated 1.8.2023, 3.4.2023 and 1.3.2023 Ex.C-2, Ex.C-4 & Ex.C-5 vide which the opposite parties demanded overdue charges for an amount of Rs. 16,866.30, towards overdue as on 31.7.2023 and Rs. 14,980.71, towards overdue as on 2.4.2023 and Rs. 14,536.26, towards overdue as on 28.2.2023 with arbitrary manner and due to these acts CIBIL score of complainant has been affected. The complainant has also mentioned in his affidavit Ex.C-1 that complainant has filed the present complaint against opposite parties regarding his grievance of illegal demand of Rs. 14,980/-. But now on 15.9.2023 opposite parties has deducted an amount of Rs. 12,457/- in routine as monthly installment. But on 27.9.2023 again by way of illegal and arbitrary was opposite parties have again deducted an amount of Rs. 12,457/-. Further, in written arguments the complainant stated that the opposite parties may kindly be directed to adjust or refund the excess installment deducted by opposite parties in the month of September 2023 i.e. Rs. 12,457/-. 

8. On the other hand, Ld. Counsel for the opposite parties argued that the complainant obtained a loan from the opposite parties bank and as per agreement total loan amount to be repaid to the opposite parties in equal 23 installments by the complainant and first installment due date was 15.10.2022 as per agreement but the complainant put default in the payment of first installment which was due on 15.10.2022 but the same was repaid by the complainant on 14.11.2022 after one month of due date of installment. Due to default in the first installment opposite parties bank imposed penalty on the complainant. It is further argued that due to default in payment of equated monthly installment the opposite parties bank served several notices upon the complainant and the complainant after date 15.1.2024 did not repay any monthly installment to the opposite parties bank and committed default with the opposite parties bank. But the opposite parties have not mentioned in the notices that how the overdue amount is pending and what are the penalties. It is writ large on the file that opposite parties have deducted monthly installment regularly and there is no default from the side of complainant. Secondly, opposite parties deducted an amount of Rs. 12,457/- twice in the month of September, 2023 and in this regard the opposite parties have failed to explain that why they have deducted the above said amount twice in a month. Hence, the opposite parties are liable for the deficiency in services and unfair trade practice. 

9. As a result of the above discussion, the present complaint is partly allowed against the opposite parties and the opposite parties are directed to withdraw the overdue notices dated 1.3.2023 and 3.4.2023 and dated 1.8.2023 issued to the complainant and adjust or refund the amount of Rs. 12,457/- the excess installment deducted by the opposite parties in the month of September, 2023. The opposite parties are further directed to pay Rs. 7,500/- as consolidated amount of compensation alongwith litigation expenses to the complainant.   

10. Compliance of the order be made within the period of 45 days from the date of the receipt of the copy of this order.

11. Copy of this order be supplied to the parties free of costs as per rules. File be consigned to the records after its due compliance. 

ANNOUNCED IN THE OPEN COMMISSION:

       21st Day of June, 2024

 

            (Jot Naranjan Singh Gill)

            President

 

(Urmila Kumari)

Member

 

(Navdeep Kumar Garg)

Member