By Sri. MOHANDASAN.K, PRESIDENT

1.The complaint in short is as follows: -

         The complainant bought one LED TV from the Sigma Electronic shop from Manjeri.  The 1^stopposite party advanced finance and as per terms the complainant is bound to repay the loan amount through 8 instalments.  The instalments commence from 2018 March and ends in October. The 1^stopposite party regularly withdrawn instalment amount Rs. 2409/- from the account of complainant maintained with 2^nd opposite party as account No.571102010001142.  The 1^st opposite party withdrawn the instalments continuously up to 6 months.  But during the month September, though there was sufficient amount in his account the cheque presented by the first opposite party returned unpaid and the 1^st opposite party demanded interest for the defaulted payment.   The complainant is a person having physical disability. He was dragged to the opposite parties several times.  The 1^stopposite party demanded to pay the interest for the defaulted period and so he was turned back.  The same process was repeated in the month of 2018 November also.  Even though there was sufficient amount in the account, the cheque was returned unpaid.  Complainant submit that he is a person with 60% disability.  The first opposite party called his mother over phone and thereby harassed her.  The opposite party came to the office of complainant and insulted from there also. The act of the opposite parties affected Cibil score also. The complainant submits that  due to the deficiency in-service on the part of the opposite parties, he was compelled to pay additional amount towards the instalments and thereby suffered in convenience, hardship and mental agony.  The prayer of the complainant is to pay compensation of Rs. 50,000/- to the complainant.

2.       On admission of the complaint notice was issued to the opposite parties and they entered appearance. The 1^st opposite party filed version.  The 2^nd opposite party did not file version. 

3.       The contention of the 1^st opposite party is that the complainant had availed loan from the opposite party and agreed to repay the amount through electronic clearance and ensuring the same issued signed agreement and cheques.  The opposite party is not probable to interfere with the account of complainant. The first opposite party submitted that if there was sufficient amount in the account of the complainant, the responsibility for bouncing the cheques rest on the 2^nd opposite party, Union Bank Manjeri.  The opposite party presenting cheques and electronic mandate before the bank on appropriate dates.   If the cheque is dishonoured, the bank is realising cost for the same.  In this complaint, the 2^nd opposite party realised the amount.  The 1^st opposite party is also liable to pay collection charges to the 2^nd opposite party.  The complainant is liable to pay the cost for defaulted period.  The opposite party submitted that they have not caused any mental stress to the mother of complainant.  The opposite party usually reminds the complainant about the payment on due interval.  The reason for Cibil score alteration is the default of payment of loan amount by the complainant. The complainant is not entitled for any relief from the opposite party.  There is no justification for claiming Rs. 50,000/- from the opposite party.  The complainant has not produced any document for the claim.  It is also denied deficiency of service and unfair trade practices from the side of opposite party.  It is alleged the attempt of the complainant is to evade from the payment of due amount and so, the complaint is liable to be dismissed.

4.     The complainant filed affidavit and documents. The 1^st opposite party filed affidavit but not filed documents.   The document on the side of complainant marked as Ext.A1 to A5. Ext. A1 is Account statement maintained by the 1^st opposite party from 01/01/2008 to 04/12/2018, Ext. A2 is copy of outward supply of goods with invoice dated 28/01/2018 issued from Sigma Electronics, Ext.A3 is copy of printout of message issued by the 1^st opposite party. Ext.A4 is copy of Aadhaar of complainant, Ext. A5 is copy of pass book of the complainant maintained with 2^nd opposite party. The 2^nd  opposite party did not file version or affidavit and so set exparte.

5.      The grievance of the complaint is that, he availed loan from the 1^st opposite party to purchase a TV and for that, he entered into an agreement with the 1^st opposite party and also issued cheques for the assurance of re-payment of loan amount.  As per terms the complainant has to return the amount through 8 monthly instalments and he was regular in repayment.   But the opposite party refused to honour the cheque of the complainant twice even though there was sufficient amount in the account of the complainant.   Due to the   bouncing of cheques the 1^st opposite party demanded the complainant to pay cost for the default in payment of the instalments.  Not only that the mother of the complainant was called by 1^st opposite party over telephone and harassed.  The submission of the complaint is that   there was sufficient amount in his account   to honour the cheque at the relevant time but 2^nd opposite party disowned.  The complainant produced Ext. A1 to show the prompt payment of the instalments and also pass book of bank account revealing the fact that he was having sufficient amount in his account during the disputed period. Ext. A5 is the copy of pass book of the account belongs to the complainant maintained by the 2^nd opposite party.

6.       The 1^st opposite party submitted that they had submitted cheque for collection duly but it was bounced.  So, the 1^st  opposite party was liable to pay cost to the 2^nd opposite party and the complainant was liable to reimburse the same.  The opposite party denied the allegations of the complainant that the mother of the complainant was called by the 1^stopposite party and harassed.  It can be seen that complainant has not produced any document to establish the allegation. 

7.   The second opposite party remained exparte in the proceedings, though the vakkalath was filed.  It is the 2^nd opposite party who is responsible to explain the reason for bouncing the cheques.  The complainant submits that, he has got sufficient amount in the bank account while the 1^st opposite party presented the cheques for encashment towards the instalments.  So, it can be concluded in the absence of contra evidence against the averment of complainant that there was   sufficient amount in the bank account of the complainant to honour the cheque towards the instalments.  If that being the position, the act of the 2^nd opposite party amounts unfair trade practice and there is deficiency in service on the part of 2^nd opposite party.

8.       The complainant submitted that, he is a person with physical disability, dragged to the opposite parties several times and thereby caused physical inconvenience, hardships and mental agony.  It is also can be seen that he suffered financial difficulties also.  The sole responsibility for the inconvenience and hardship caused to the complainant rest on the 2^nd opposite party and so the and 2^nd opposite party is liable to compensate the complainant. 

9.    In the light of above facts and circumstances we allow the complaint as follows: -

1. The 2^nd opposite party is directed to pay compensation of Rs. 20,000/- to the complainant on account of hardships, inconvenience, mental agony and financial loss sustained to the complainant on account of deficiency in service on the part of 2^nd opposite party.
2. The 2^nd opposite party is also directed to pay Rs. 5000/- to the complainant as cost of the proceedings. 

                  The 2^ndopposite party shall comply this order within one month from the date of receipt of copy of this order, failing which the complainant will be entitled for interest at the rate of 12% per annum for the above entire amount from the date of order till realization.

              Dated this 8^th day of June, 2022.

MOHANDASAN.K, PRESIDENT

PREETHI SIVARAMAN.C, MEMBER

MOHAMED ISMAYIL.C. V, MEMBER

APPENDIX

Witness examined on the side of the complainant                  :Nil

Documents marked on the side of the complainant                : Ext.A1 to A5

Ext. A1 :  Account statement maintained by the 1^st opposite party  from  01/01/2008

                 to 04/12/2018.

 Ext. A2 :  Copy of Outward supply of goods  with invoice dated 28/01/2018 issued      

                   from Sigma Electronics.

Ext.A3  : Copy of printout  of message  issued by the  1^st opposite party.

Ext.A4  : Copy of Aadhaar of complainant.

Ext. A5 : Copy of pass book of the complainant maintained with 2^nd opposite party

Witness examined on the side of the opposite party             :Nil

Documents marked on the side of the opposite party           :Nil

MOHANDASAN.K, PRESIDENT

PREETHI SIVARAMAN.C, MEMBER

MOHAMED ISMAYIL.C. V, MEMBER