Tamil Nadu

South Chennai

897/2009

Vasantha Kumar - Complainant(s)

Versus

Manager CITI Finance consumer Finance India Ltd - Opp.Party(s)

P.Chandra Mohan

24 Jul 2018

ORDER

                                                                        Date of Filing  : 05.10.2009

                                                                          Date of Order : 24.07.2018

 

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

                 TMT. K. AMALA, M.A., L.L.B.                                : MEMBER-I

 

C.C. No.897/2009

DATED THIS TUESDAY THE 24^TH DAY OF JULY 2018

                                 

Mr. Vasanth Kumar,

No.17/1, 2^nd Cross Street,

Nehru Colony,

Pazhavanthangal,

Chennai – 600 114.                                             .. Complainant.                                                         

 

   ..Versus..

 

1. The General Manager,

Citi Financial Consumer Finance India Limited,

No.3, LSC Pushp Vihar,

New Delhi – 110 062.

 

2.  The Manager,

Citi Financial Consumer Finance India Limited,

No.117/54, R.K. Road,

Mylapore,

Chennai – 600 004.                                         ..  Opposite parties.

          

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

Counsel for opposite parties    :  M/s. KANTH & ASSOCIATES

 

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, financial loss, and wrongful withdrawal of ECS and to ask excuse to the complainant for collecting the amount with Rowdies and Gundas by the opposite parties with cost.

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

The complainant availed a personal loan of Rs.50,000/-.   After due payment by way of instalment, the complainant availed a top up loan after closing the personal loan.  The complainant paid some instalments thereafter, the complainant closed the loan since the interest rate is very high i.e. 12.57%.  Further the complainant submits that after closing the loan, the opposite parties used the blank security cheques and collected the amount by way of ECS.  Hence the complainant issued legal notice requested the opposite party to return the ECS amount and security cheques etc.  Further the complainant submits that the opposite party sent unruly elements for colleting the amount from the complainant.  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 parties is as follows:

The opposite parties specifically deny each and every allegations made in the complaint and puts the complainant to strict proof of the same.    The opposite party states that admittedly, the complainant availed a personal loan of Rs.50,000/- vide loan a/c. No.12047561  which shall be repaid  by way of 24 equal monthly instalments at the rate of Rs.2,959/- per month.   The complainant also paid 10 EMIs and requested the opposite party to foreclose the loan by way of top up.  Thereby, the opposite party granted a sum for Rs.74,900/- vide loan a/c No. 14539288.   The said amount shall be repayable in 36 equal monthly instalments of Rs.2,865/- with interest at the rate of 12.58%.  The complainant is a chronic defaulter in payment of EMIs.  The complainant after paying few instalments defaulted in payment from June 2009.  The allegation of ECS using security cheques is utter false. Cheque No.E176651 was issued by the complainant was duly encashed towards EMI.  The complainant has not paid any amount after June 2009.  The allegation of closure of loan by complainant is baseless.  Therefore there is no deficiency in service on the part of the opposite parties.  Hence the complaint is liable to be dismissed.

3.   In order to prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A6 are marked.  Proof affidavit of the opposite parties filed and documents Ex.B1 to Ex.B3 are filed and marked on the side of the opposite parties.

4.     The point for consideration is:-

Whether the complainant entitled a sum of Rs.5,00,000/- towards compensation of mental agony, financial loss, and wrongful withdrawal of ECS and to ask excuse for collecting the amount with Rowdies and Gundas by the opposite parties with cost as prayed for?

5.     On point:-

The opposite parties filed written arguments.  Both parties has not turned up to advance any oral arguments.  Perused the records namely the complaint, written version, proof affidavits, documents etc.   Admittedly, the complainant availed a personal loan of Rs.50,000/- as per Ex.A1.    After due payment by way of instalment, the complainant availed a top up loan after closing the personal loan as per Ex.A2.   The complainant paid some instalments thereafter, the complainant closed the loan since the interest rate is very high i.e. 12.57%.  But the complainant has not produced any document to prove such closure of loan.  Further the contention of the complainant is that after closing the loan, the opposite parties used the blank security cheques and collected the amount by way of ECS as per Ex.A3.  Hence the complainant issued legal notice as per Ex.A5 requested the opposite parties to return the ECS amount and security cheques etc.  Further the contention of the complainant is that the opposite parties sent unruly elements for colleting the amount from the complainant.  But there is no record.  The complainant is claiming a sum of Rs.5,00,000/- towards compensation for deficiency in service and return of ECS amount with cost.

6.     The contention of the opposite parties is that admittedly, the complainant availed a personal loan of Rs.50,000/- vide loan a/c. No.12047561 which shall be repaid by way of 24 equal monthly instalments at the rate of Rs.2,959/-.   The complainant also paid 10 EMIs and requested the opposite party to foreclose the loan by way of top up.  Thereby, the opposite party granted a sum for Rs.74,900/- vide loan a/c No. 14539288.   The said amount shall be repayable in 36 equal monthly instalments of Rs.2,865/- with interest at the rate of 12.58%.  The complainant is a chronic defaulter in payment of EMIs.  The complainant after paying few instalments defaulted in payment from June 2009.  The allegation of collecting ECS by using security cheques is utter false. Cheque No.E176651 issued by the complainant was duly encashed towards EMI.  The complainant has not paid any amount after June 2009.  The allegation of closure of loan by complainant is baseless.  The statement of account vide Ex.B3 reveals that the complainant is a chronic defaulter and that he has not paid the loan amount properly.  The defaulter is not entitled to file Consumer Complaint.  The compensation claimed is imaginary.  Considering the facts and circumstances of the case, this Forum is of the considered view that the 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 24^th day of July 2018. 

 

MEMBER –I                                                                      PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

Ex.A1	10.05.2007	Copy of The payment schedule regarding the 1st loan
Ex.A2	19.02.2008	Copy of The payment schedule regarding the Top up loan
Ex.A3	01.07.2008	Copy of Amount debited in the complainant’s account through ECS fraudulently by the opposite party
Ex.A4		Copy of Collection receipt through Gundas
Ex.A5	20.07.2009	Copy of Legal notice issued by the complainant Counsel to the opposite party
Ex.A6	21.07.2009	Copy of acknowledgement cards from the opposite parties for the receipt of the above legal notice

 

OPPOSITE  PARTIES SIDE DOCUMENTS:  

Ex.B1	06.04.2007	Copy of Loan agreement for Loan No.12047561
Ex.B2	17.05.2007	Copy of Loan agreement for Loan No.14539288
Ex.B3		Copy of Statement of Accounts

 

 

 

MEMBER –I                                                                      PRESIDENT