Tamil Nadu

South Chennai

315/2010

M.P.Ganesh - Complainant(s)

Versus

Manager, CITI Bank - Opp.Party(s)

Chandra Mohan

03 Jan 2019

ORDER

                                                                        Date of Filing  : 11.08.2010

                                                                          Date of Order : 03.01.2019

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP., : MEMBER-II

 

C.C. No.315/2010

DATED THIS THURSDAY THE 03^RD DAY OF JANUARY 2019

                                 

Mr. M.P. Ganesh,

No.5A, Dr. Salamon Street,

Pallavaram,

Chennai – 600 043.                                                      .. Complainant.                                     

 

                                                                                  ..Versus..

The General Manager,

Citi Bank,

No.766, Anna Salai,

Chennai – 600 002.                                                 ..  Opposite party.

          

Counsel for complainant            :  M/s. P. Chandra Mohan

Counsel for the opposite party  :  M/s. S. Namasivayam

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 praying to  pay a sum of Rs.5,00,000/- towards compensation for mental agony and deficiency in service to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that he has availed credit card facilities from the opposite party and credit card loan.  The complainant stated that he has paid the instalment amounts / dues regularly without any default.  The opposite party without giving proper statement of accounts, contacted the complainant and threatened with rowdy elements demanded the dues.   The complainant submits that while availing credit card loan, the opposite party obtained ECS facilities for repayment of loan.  Since the opposite party has not accounted properly and has not issued statement of accounts on 29.10.2009, the complainant made stop payment for which, the opposite party has collected  a sum of Rs.50/- on 31.10.2009.  Thereafter, the complainant issued legal notice dated:30.10.2009 stating that he has paid exorbitant amount and the opposite party recovered huge amount more than the loan amount and claimed the refund of the same.  For which, the opposite party issued reply notice dated:27.11.2009 along with statement of accounts showing ECS bounce and default in payment etc.  The act of the opposite parties caused great mental agony.  Hence, the complaint is filed.

2.      The brief averments in the written version filed by the  opposite party is as follows:

The opposite party specifically denies each and every allegation made in the complaint and puts the complainant to strict proof of the same.   The opposite party states that this is a typical case of abuse of process of law.  The complainant has not come forward with clean hands and suppressed the material facts highhandedly  and had approached this Hon’ble Forum as a Forum shopping.   The  opposite party states that the complainant approached the opposite party for issue of credit card in the year 2006 after complying the due formalities accepted the credit card No.5546 3795 1555 9001 was issued  on 29.10.2007, at the request of the complainant a personal loan of Rs.1,88,000/- was issued as per Loan Account No.LCBA013728231 agreeing to repay the said personal loan in 45 equal instalments at the rate of Rs.5,721/- starting from 01.12.2007 which ends on 01.11.2011.    The opposite party states that the complainant agreed to repay the EMI through ECS from State Bank of India, Pallavaram Branch.  The complainant is a Chronic defaulter in payment of EMI.  Several ECS cheques were bounced without any reason, the complainant made stop payment on 31.10.2009.   The opposite party states that from 01.11.2009, the complainant has not paid any amount and defaulted in payment of EMI and filed this case suppressing all material facts and dragged the matter for such a long period.  Therefore, there is no deficiency in service on the part of the opposite party and hence the complaint is liable to be dismissed.

3.     To prove the averments in the complaint, the complainant has filed proof affidavit as her evidence and documents Ex.A1 to Ex.A4 are marked.  Proof affidavit of the opposite party is filed and documents Ex.B1 to Ex.B3 are marked on the side of the opposite party. 

4.      The point for consideration is:-

Whether the complainant is entitled to a sum of Rs.5,00,000/- towards compensation for mental agony and deficiency in service with cost as prayed for?

 

5.      On point:-

The opposite party filed its written arguments.  The complainant has not filed any written arguments and not turned upto advance any oral arguments also.  Heard the opposite party’s Counsel.  Perused the records namely the complaint, written version, proof affidavits and documents.   The complainant pleaded in the complaint and proof affidavit that he has availed credit card facilities from the opposite party and credit card loan.  The complainant stated that he has paid the instalment amounts / dues regularly without any default.  The opposite party without giving proper statement of accounts, contacted the complainant and threatened with rowdy elements demanded the dues which caused great inconvenience and mental agony.  But on a careful perusal of records, there is no iota of evidence to prove the alleged threat by rowdy elements etc.  Further the contention of the complainant is that while availing credit card loan, the opposite party obtained ECS facilities for repayment of loan.  Since the opposite party has not accounted properly and has not issued statement of accounts on 29.10.2009, the complainant made stop payment as per Ex.A1 for which, the opposite party has collected  a sum of Rs.50/- on 31.10.2009 as per Ex.A2.  On a careful perusal of Ex.A1 & Ex.A2, it is apparently seen that on the date of stop payment, the complainant’s balance in the account is only Rs.530.34 against the EMI of Rs.5,721/-.  Thereafter, the complainant issued legal notice as per Ex.A3 dated:30.10.2009 stating that he has paid exorbitant amount and the opposite party recovered huge amount more than the loan amount and claimed the refund for which, the opposite party issued reply notice dated:27.11.2009 as per Ex.A4 along with statement of accounts showing ECS bounce and default in payment etc.  The complainant is claiming a sum of Rs.5,00,000/- towards compensation for mental agony and deficiency in service.    But the complainant has not taken any steps to prove the claim in the manner known to law.  Equally, the complainant himself had suppressed several material facts like the demand of the credit card and the quantum of credit card loan and the payment details.

7.     The learned Counsel for the opposite party would contend that this is a typical case of abuse of process of law.  The complainant has not come forward with clean hands and suppressed the material facts highhandedly  and had approached this Hon’ble Forum as a Forum shopping.   Further the contention of the opposite party is that the complainant approached the opposite party for issue of credit card in the year 2006 after complying the formalities accepted the credit card No.5546 3795 1555 9001 was issued  on 29.01.2007, at the request of the complainant a personal loan of Rs.1,88,000/- was issued as per Loan Account No.LCBA013728231 agreeing to repay the said personal loan in 49 equal instalments at the rate of Rs.5,721/- starting from 01.12.2007 which ends on 01.11.2011 as per Ex.B1, Loan Agreement.  Ex.B2 is the loan statement.  Further the contention of the opposite party is that the complainant agreed to repay the EMI through ECS from State Bank of India, Pallavaram Branch is evidenced from Ex.B2.  The complainant is a Chronic defaulter in payment of EMI.  Several ECS cheques were bounced without any reason, the complainant made stop payment on 31.10.2009 as per Ex.A2 but there is no iota of evidence for the same.  On the other hand, on the date of stop payment the balance in the account of the complainant is Rs.530.34/- against the EMI amount of Rs. 5,721/- the default in payment is very clearly proved from Ex.B3 statement of Account for the period 31.10.2007 to 20.09.2010.  Further the contention of the opposite party is that from 01.11.2009, the complainant has not paid any amount and defaulted in payment of EMI and filed this case suppressing all material facts and dragged the matter for such a long period.  The complainant has not produced any document to prove that he is not a defaulter.  Muchless, he is a chronic defaulter claiming imaginary amount towards damages and compensation. Considering the facts and circumstances of the case this Forum is of the considered view that this complaint has to be dismissed.

In the result, this complaint is dismissed.   No costs.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 03^rd day of January 2019. 

               

 

  MEMBER-II                                                               PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	29.10.2009	Copy of letter by the complainant to the opposite party
Ex.A2	31.10.2009	Copy of bank passbook
Ex.A3	30.10.2009	Copy of legal notice by the complainant
Ex.A4	17.11.2009	Copy of reply by the opposite party to the complainant

 

OPPOSITE  PARTIES SIDE DOCUMENTS:-

Ex.B1		Copy of loan agreement
Ex.B2	29.10.2007	Copy of Authorization signed by the complainant for ECS debit of the monthly repayment
Ex.B3		Copy of statement of account for the period from 31.10.2007 to 20.09.2010

 

 

MEMBER-II                                                              PRESIDENT