Kerala

Thiruvananthapuram

CC/283/2022

Jimson - Complainant(s)

Versus

Indusind bank - Opp.Party(s)

29 Apr 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

 

PRESENT

               SRI.P.V.JAYARAJAN           : PRESIDENT

          SMT.PREETHA G NAIR     : MEMBER

           SRI.VIJU.V.R                       : MEMBER

CC.NO.283/2022 (Filed on : 15/07/2022)

ORDER DATED : 29/04/2023

 

COMPLAINANT

Jimson,

Jeeva House, Vettuthura, Channakara.P.O

Kadi Mankulam, Trivandrum, Kerala – 695301

(Party in person)

                                                          VS

OPPOSITE PARTY

 

The Branch Manager,

IndusInd Bank, Janvilla city Centre,

Vellayambalam, Sasthamangalam Road,

Aalthara Nagar, Sasthamangalam - 695010

(By Adv.Manju Prasad)

ORDER

SRI.P.V.JAYARAJAN                  : PRESIDENT

1. This complaint is filed under section 35 of Consumer Protection Act 2019 and stood over to this date for consideration and this Commission passed the following order.

2. This is a complaint filed by the complainant against the opposite party alleging deficiency in service and unfair trade practice on the part of the opposite party. After admitting the complaint notice was issued to the opposite party. The opposite party entered appearance and filed written version denying the allegations raised by the complainant.

3.   The case of the complainant in short is that he was a customer of opposite party bank and obtained a loan from the opposite party and the same was closed within the time as per the schedule of payment instructed by the opposite party. Subsequently the opposite party sent a letter to the complainant stating that the opposite party is ready and willing to advance the loan to the complainant. Accordingly for the educational purpose of the complainant’s daughter, the complainant availed a personal loan for Rs.60,807/-(Rupees sixty thousand eight hundred and seven only) from the opposite party. After deducting the initial payment of Rs.3160/-, (Rupees three thousand one hundred and sixty only) and the remaining Rs.57,647/- (Rupees fifty seven thousand  six hundred and fourty seven only) was credited to the account of the complainant. According to the complainant he has paid Rs.86,111/-(Rupees eighty six thousand one hundred and eleven only) through 35 installments to the opposite party. But the opposite party claims that the complainant has to pay Rs.11,642/- (Rupees eleven thousand six hundred and fourty two only) for closing the account. According to the complainant this is illegal and arbitrary. As per the calculations made by the complainant, the opposite party has levied 31.5% interest from the complainant. Apart from that during the moratorium period, a sum of Rs.289/- (Rupees two hundred and eighty nine only) was deducted from the account by the opposite party. The opposite party has issued a bill which could not be readable after 2 or 3 months and hence the complainant is not in a position to produce any bill showing the payments made by him. According to the complainant the opposite party has collected an amount of Rs.6111/- (Rupees six thousand one hundred and eleven only) in excess from the complainant. Alleging deficiency in service and unfair trade practice on the part of the opposite party, the complainant approached this commission to redress his grievances.

4.       The opposite party filed written version contending that the relationship between the complainant and the opposite party is that of debtor and creditor and hence they are not within the purview of Consumer Protection Act and the complainant is not a consumer as defined under the Consumer Protection Act. The opposite party further contended that the complainant has not paid any consideration and has not hired any service for consideration from the opposite party to invoke the provisions of the Consumer Protection Act and hence the complaint is to be dismissed. The opposite party further contended that all the amount received from the complainant has been debited in the account of the opposite party and as on 11/08/2022, an amount of Rs.12,726/- (Rupees twelve thousand seven hundred and twenty six only) was due from the complainant to the opposite party. Hence according to the opposite party there is no deficiency in service or unfair trade practice from their side and hence this complaint is to be dismissed.   

5.  The issues to be considered in this case

1. Whether there is any deficiency in service or unfair trade practice on the part of the opposite party?
2. Whether the complainant is entitled for the relief claimed in the complaint.
3. Order as to cost.

 

6. Heard the opposite party. Complainant was continuously absent and this commission issued a notice to the complainant to appear before this commission on 28/03/203 to further proceed with this complaint. To substantiate the allegations raised by the complainant against the opposite party, the complainant has not filed affidavit or documents by way of evidence. Inspite of giving sufficient opportunities to the complainant the complainant failed to proceed with this complaint by adducing necessary evidence. In the above circumstances, we find that the complainant has miserably failed to substantiate the allegations raised by him against the opposite party. In view of the above discussions, we find that this is a fit case to be dismissed.

                    In the result, the complaint is dismissed. There will be no order as to costs.

           A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

         Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Commission, this the 29^th day of April 2023.

                                                                                                 Sd/-

P.V.JAYARAJAN    : PRESIDENT

                                                                                      Sd/-

        PREETHA G NAIR      : MEMBER

                                                                                        Sd/-

                          VIJU.V.R        : MEMBER

 

 

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