FINAL ORDER/JUDGEMENT
SHRI ASHOKE KUMAR GANGULY, MEMBER
This is a complaint case filed u/s.12 of the C.P. Act, 1986.
The complainant was sanctioned a personal loan of Rs.10,07,052/- by the OPs in the month of March 2007 which was repayable by 36 installments w.e.f. 15.04.2007 to 15.03.2010 @ Rs.36,281/- as EMI. The complainant defaulted in making the repayment for four months being 10/2017,01/2018,04/2019 and 05/2019. The complainant however settled the above default payments on 27.04.2010, 28.05.2010, 02.07.2010 and 28.07.2010. The complainant was informed by the OPs vide their letter dated 02.03.2010 that they will waive the accrued overdue interest and terminate the loan account on receiving the overdue 03 installments and the final installment of 15.03.2010. The complainant made the said payments by 28.07.2010 and asked for a “No Due Certificate” in respect of the loan account and to terminate the loan agreement. But the OP did not keep their promise and had not issued the no dues certificate in spite of several request made by the complainant. Instead vide letter dated 07.12.2015 the OPs informed the complainant that the complainant is liable to pay a sum of Rs. 7,85,047.06 in the form of overdue interest even though in the said letter the principal outstanding has been shown as Rs. 0.30/- and the complainant had made a payment of Rs.13,06,116/- being the loan amount availed by the complainant along with interest. The complainant in reply to letter dated 07.12.2015 had stated vide letter dated 07.01.2016 that there is a contrasting discrepancy in their letter dated 03.02.2010 and 07.10.2015 and requested the OPs to resolve the said dispute immediately. The complainant was informed telephonically that the letter was wrongly sent and the account has already been closed. However, in July, 2017 the complainant received a call from the OPs executive wherein she was informed that she was liable to make payment for overdue charge with regard to her loan amount. The complainant lodged a complaint which is acknowledged by the OP vide email dated 13.07.2017 and thereafter the complainant received another email from the OPs dated 20.07.2017 wherein she was instructed to contact the OP-3 to resolve the issue of overdue interest. Accordingly, the complainant visited the OP-3 and she was assured that her loan account was closed. The letters issued were mistakenly sent. But the complainant was shocked to receive numerous message continuously demanding the overdue interest from 06.08.2018. The complainant was forced to issue legal notice dated 24.08.2018 calling upon the OPs to close the loan amount immediately and to furnish her no due certificate. Because of the inaction of the OPs for non issuing the no due certificate the complainant has been a victim of mental harassment and because of deficiency in service the complainant’s CIBIL Score has been affected. The complainant had upon receiving the letter dated 03.02.2010 without fail made the payment of the over due installment within 28.07.2010 in accordance to the terms of the letter, however, in spite of such compliance on the part of the complainant the OPs had willfully and intentionally denied her the benefits and rights she was entitled to which was assured by the OPs vide letter dated 02.03.2010. The OPs are making illegal and wrong demand and the complainant is under tremendous harassment and mental agony for no fault of her
. The cause of action arose on 06.08.2018 when she had received the first electronic message from the OPs calling upon to make payment of the alleged accrued amount.
Finding no other alternative, the complainant has approached the commission for justice with reliefs as mentioned in details in the complaint petition.
The OPs have contested the case by filing their WV contending inter alia that the complaint is wrong and non maintainable and as such it is denied. They further submit that the complainant availed the business loan of Rs.10,07,052/- vide loan agreement dated 29.03.2007 from the OPs. The complainant failed to repay 04 loan installments and committed default in making payments which were subsequently cleared by her. The OPs never denied to issue No Due Certificate subject to certain official formalities as per internal policies of the OP Bank. They had no intention to harass the complainant and never initiated any legal action even when she was defaulting the repayments. The allegation with regard to the incidents with the complainant are nothing but an misunderstanding between the parties which can always be sorted out amicably between the parties. Since there is an arbitration clause in the loan agreement this commission has no jurisdiction to entertain the complaint. The OPs have denied the allegations except those which are matter of record.
Points for Determination
In the light of the above pleadings, the following points necessarily have come up for determination.
1) Whether the OPs are deficient in rendering proper service to the Complainant?
2) Whether the OPs have indulged in unfair trade practice?
3) Whether the complainant is entitled to get relief or reliefs as prayed for?
Decision with Reasons
Point Nos. 1 to 3 :-
The above mentioned points are taken up together for the sake convenience and brevity in discussion.
We have travelled over documents placed on record. The complainant has filed her evidence supported by affidavit. Reply to the questionnaire set forth by the OPs has also been filed by the complainants. BNAs have been submitted by both sides.
The fact of the case in brief is that the complainant availed a business loan of Rs.10,07052/- from the OPs vide loan agreement dated 29.03.2007 with the condition of repayment by 36 installments @ Rs.36,281/- as EMI with effect from 15.04.2007 to 15.03.2010. The complainant for some reasons or other defaulted in making payment of 04 EMIs due on 10/2017,01/2018 04/2009 & 05/2009 which were become overdue. The OPs issued letter dated 02.03.2010 to the complainant which speaks as follows:
“ This is in regards to your loan account 1533015 the details from which we find that currently there are 3 instalments overdue and the last instalment is due on 15th March 2010.
As per our discussion on receipt of the above mentioned four instalments we will waive off the accrued overdue interest and terminate your loan account. “
The complainant repaid the four installments on 27.04.2010, 31.05.2010, 30.06.2010 & 28.07.2010. The OPs never disputed the said repayments. But on perusal of the records it is observed the loan account has not been closed by the OPs instead a letter dated 07.12.2015 was issued by the OPs to the complainant informing her to pay a sum of Rs.7,85,047.06 as foreclosure Receivable /Payable. It is also found in the said letter that the outstanding amount as on 07.12.2015 is Rs. 0.30. The complainant sent reply dated 07.01.2016 to the OPs and reminded the promise vide letter dated 02.03.2010 and expressed her shocking anguish to know the balance payable amount after a lapse of more than 05 years and requested them to resolve the issue at the earliest. But the issue has not been resolved and the complainant was going on receiving mails after mails to pay the over due interest. Thereafter series of electronic messages were sent to the complainant to pay the outstanding dues. This wanted disturbances in the form of claiming unlawful amount has definitely made the complainant mentally harassed which tantamount to deficiency in service and unfair trade practice. Thereafter the complainant was compelled to issue legal notice dated 24.08.2018 demanding to close the loan account and to issue the No Due certificate which remained unanswered till the filing of the consumer complaint. This attitude and conduct of the OPs also prove their deficiency in service and unfair trade practice. In their W/V the OPs have admitted the allegation of the complainant by mentioning that it was a mere misunderstanding in between the parties which can be sorted out amicably between the parties. This is absolutely a casual attitude on the part of the OP Bank as if nothing has happened which should be viewed very seriously. Demanding illegally a huge amount continuously is a serious lapses on the part of the OPs. We apprehend that it might be a deliberate attempt on the part of the OP Bank to grab the money of the customers in an illegal way by creating pressure on her. We also apprehend that in some cases they might have been successful in grabbing the hard earned money of their customers specially those customers who are not able to reach to the commission.
In the light of the above observations, we are of the opinion that the complainants have established the case against the OPs.
All the points under determination are answered accordingly.
In the result, the Consumer Complaint succeeds..
Hence,
Ordered
That the complaint case be and the same is allowed on contest against the OPs with the following directions.
- OP Nos. 1 to 4 are directed to pay jointly and severally a sum of Rs.1,00,000/- to the complainant as compensation for causing harassment and mental agony to the complainant
- OP Nos. 1 to 4 are also directed to pay jointly and severally a sum of Rs.10,000/- to the complainants as cost of litigation.
- The complainant is directed to collect the No Due Certificate from the office.
The above orders are to be complied within a period of 30 days from the date of the order failing which the complainant will be at liberty to put the orders into execution as per rules.
Copy of the judgment be delivered to the parties free of cost as per the C.P. Act and Judgment be uploaded in the website of the Commission for perusal of the parties
