Haryana

Karnal

EA/14/2017

Angrej Singh - Complainant(s)

Versus

Kotak Mahindra Bank - Opp.Party(s)

Apaar Singh Bedi

28 Nov 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

                                                             Execution No.14 of 2017

                                                         Date of instt. 17.04.2017

                                                         Date of order:28.11.2018

                                                                                       

Angrej Singh son of Shri Jarnail Singh resident of House no.503/485, Kalandri Gate, Sushad Manjil, Karnal.

 

                                                                  …….Complainant/DH

                                        Versus

 

1. Kotak Mahindra Bank Limited through its Branch Manager, Sector-12, Karnal.

2. Kotak Mahindra Bank Limited through its Branch Manager, SCO no.153-155, Madhya Marg, Chandigarh.

 

…..Opposite Parties/JDs.

       

           Complaint u/s 12 of the Consumer Protection Act.

               

Before   Sh. Jaswant Singh……President.       

      Sh.Vineet Kaushik ………..Member

              Dr. Rekha Chaudhary……Member

 

 Present  Shri Apar Singh Bedi Advocate for complainant/DH.

                Shri G.S.Khillan Advocate for OPs/JDs.

                       

                (Jaswant Singh President)

 

ORDER:                    

 

                The DH/complainant filed an execution application under section 25 of the Consumer Protection Act for the enforcement of order dated 22.02.2017 passed in complaint no.117 of 2012, titled as “Angrej Singh Versus Kotak Mahindra Bank Ltd. & Anr.,” with the averments that DH/complainant filed a complaint under section 12 of the Consumer Protection Act on the grounds that OPs sanctioned a loan of Rs.15,65,000/-for purchasing Terex Vectra Bachhoe Loader TX-760. The loan was to be deposit in 35 installments and he deposited 36 installments with the OPs. After that DH/complainant requested the OPs to issue the “No Objection Certificate” as well as cancellation of hypothecation of the loader but despite his repeated requests, the OPs neither issued NOC nor cancelled hypothecation of the loader.

2.             That the Hon’ble Forum, vide order dated 22.02.2017 accepted the complaint party and directed the OPS to prepare fresh statement of account as per the terms of the arrangement schedule by calculating the amount for dishonour of the cheques @ Rs.500/- per cheque and overdue interest as per clause 2.7 of the agreement for delayed payments and send a correct statement of account to the complainant within 30 days and thereafter, the complainant deposit the said amount within 30 days of receipt of statement of account. The OPs were further directed to issue NOC and cancel the hypothecation within 30 days after depositing the entire amount by the complainant as per fresh statement of account prepared in accordance with the directions given above. This Forum further directed the OPs to pay Rs.11000/- to the complainant on account of mental agony and harassment suffered by him and for the litigation expenses.

3.             That the OPs have failed to comply with the said order 22.02.2017 and failed to prepare fresh statement of account as per agreement schedule and also failed to supply the correct statement of the account of the complainant whereas infact the complainant is ready and willing to deposit the amount (if any due) towards the complainant. But OPs failed to comply with the said order which shows that no amount is due towards the complainant. The complainant also requested to the OPs to issue NOC, cancel the hypothecation and to make payment of Rs.11000/- as mentioned in the order dated 22.02.2107 and further prayed that the order passed by this Forum may kindly be perused and enforced and OPS be sent to Civil Imprisonment for not compliance of the order.

4.             Notice was issued to the OPs/JDs, who filed an objection alongwith statement of account, (Annexure R1 to R4) that that the present execution application is not maintainable. OPs/JDs has already provided the fresh SOA as per court order but complainant failed to deposit the remaining loan amount and further prayed for dismissal of execution application.

5.             Record perused and arguments heard.

6.             The counsel for DH argued that JDs failed to comply with the order passed by this Hon’ble Forum dated 22.02.2017. Till today JDs did not provide the fresh statement of account to the complainant. Meaning thereby, there is nothing due against the DH/complainant and OPs/JDs intentionally harassed the DH/complainant. He further argued that nothing is due against the DH/complainant. The OPs/JDs has also returned the security cheques to the complainant which shows that complainant has cleared all the loan amount. He further argued that complainant had taken loan Rs.15,65,000/- from the OPs/JDs and complainant/DH had already returned Rs.35,68,310/- to the OPs/JDs and prayed to directed the OPs/JDs to issue NOC, cancel the hypothecation of the loader and pay Rs.11000/- as awarded by the Forum vide order dated 22.02.2017.

7.             The counsel for the OPs/JDs argued that complainant/DH failed to repay the loan amount. OPs/JDs has already issued a fresh account statement as Annexure-R4. The loan amount approximately Rs.16 lacs is due against the complainant/DH. The bank has already terminated the loan account as per the bad debt on 2.8.2016 and booked the loss amount of Rs.2,60,615.56/- as collection charges, Rs.71,071.64/- as overdue amount and Rs.7592.51/-as legal charges. JD/OPs are ready to issue NOC of loan account if the DH/complainant deposit the amount as per fresh statement of account and prayed for dismiss the execution application.

8.             The complaint filed by the complainant was decided by the Forum on 22.02.2017 with the observation “the complaint is accepted partly and opposite parties are directed to prepare fresh statement of account as per terms of the Agreement Schedule by calculating the amount for dishonour of the cheque @Rs.500/- per cheque and overdue interest as per clause 2.7 of the Agreement for delayed payment and send the correct statement of account to the complainant within 30 days and thereafter the complainant would deposit the said amount within 30 days of receipt of statement of account. The OPs are further directed to issue “No Objection Certificate” and cancellation of the hypothecation within 30 days after depositing the entire amount by the complainant as per fresh statement of account prepared in accordance with the direction given above. We further direct the OPs to pay Rs.11000/- to the complainant on account of mental agony and harassment suffered by him and for the litigation expenses. The parties concern the communicated of the order accordingly and the file be consigned to the record room after due compliance.”

9.             OPs/JDs relied upon the Annexure R-1 to R-4. On presuming the Annexure R-1 to R-4, it is not a fresh statement of account. Annexure R-4 i.e. statement of account was issued on 28.06.2017. This Forum decided the complaint on 22.02.2017 directed the OPs/JDs to handover fresh statement of account of the complainant, but JDs relied upon the statement of account i.e. Annexure R-4. Annexure-R4 not prepared as per order dated 22.2.2017 passed by this Forum. OPs/JDs failed to supply the fresh statement account to the complainant. Complainant has already paid Rs.35,68,310/- against the loan amount of Rs.15,65,000/- as alleged by him. OPs/JDs failed to comply with the order dated 22.02.2017 passed by this Forum. Thus, we are of the considered view that nothing is due against the complainant, that’s why OPs/JDs did not issue the fresh statement of account. The objections filed by the OPs/JDs is hereby dismissed being without any force.

10.           Before pertaining the order, counsel for the OPs/JDs produced statement of account dated 27 November, 2018. On perusal of statement of account, order of the Forum was not complied by the OPs/JDs. In the previous statement of account Annexure-R4, OPs/JDs charged Rs.750/- towards dishonour of cheques, but Forum ordered to charge Rs.500/- per dishonoured cheque. In the abovesaid fresh statement nothing was done by JD no.1 as per order dated 22.02.2017 but the expiry of one year and 9 months, OPs/JDs failed to comply with the order of this Forum and adamant to recover the excess loan amount, which is not justified and as it amounts to non-compliance of order dated 22.02.2017.

11.           Hereby, under these circumstances, we direct OPs/JDs to issue NOC, cancel hypothecation of loader and pay Rs.11000/- to the complainant as mentioned in the order dated 22.02.2017. We further direct the OPS/JDs to appear in person on 17.12.2018 before this Forum for compliance and as to why the Civil/Criminal  proceeding should not be initiate against them for not compliance the order of Forum and mis-concealing the fact before Forum.

Dated:28.11.2018

                                                                       

                                                                  President,

                                                           District Consumer Disputes

                                                           Redressal Forum, Karnal.

               

        (Vineet Kaushik)                (Dr. Rekha Chaudhary)

            Member                               Member