Orissa

Cuttak

CC/115/2020

Madhusudan Behera - Complainant(s)

Versus

Managing Director, HDFC Bank Ltd - Opp.Party(s)

P K Ray & associates

12 May 2023

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

 

C.C.No.115/2020

          Madhusudan Behera,

          S/O:Khageswar Behera,

          At:Gopinathpur,(Mahanadi Nagar),

          P.O:Bhairpur,P.S:Jagatpur,

          Dist:Cuttack.                                    ... Complainant.

 

          Vrs.

 

1.       HDFC Bank Ltd.,

Having its registered office At:1 Think Techno Campus,

Alpha Level-2,Off, Jogeswari,

Vikhroli Link Road,Kanjurmarg,(East),Mumbai-400042,

Represented through its Managing Director.

 

       2.      HDFC Bank Ltd.,

             Jholasahi Branch,At-Jholasahi,

            PO-Choudhuri BAzar,PS- Darghabazar,

Dist:Cuttack, represented through

Its Branch Manager.                                                              ....Opp. Parties.

 

 

Present:            Sri Debasish Nayak,President.

                             Sri SibanandaMohanty,Member.

 

Date of filing:    28.12.2020

Date of Order:  12.05.2023

 

For the complainant:                    Mr. P.K.Ray,Adv. & Associates.

For the O.Ps               :                  Mr. N.K.Dash,Adv. & Associates.

 

Sri Debasish Nayak,President

 

Case of the complainant as made out from the complaint petition in short is that he had purchased one Honda Shine motorcycle bearing Regd. No.OR-05-M-8752 with engine No.JC36E3568896 and Chassis No.ME4JC36NJE7001030 after obtaining loan of Rs.49,000/- from the O.Ps vide loan-cum-hypothecation agreement no.3227048 dt.6.4.2015 wherein it was agreed to repay the loan as incurred by the complainant in 30 number of instalments @ Rs.2160/- effective from 5.5.2015 to 5.10.2017.  The complainant alleges that a sum of Rs.46,670/- was disbursed to the dealer of the said motorcycle.  According to the complainant, the O.Ps have received from him all the instalments and the statement of account dated 21.8.18 reflects that the O.Ps have received a sum of Rs.64,980/- out of which the principal amount is Rs.49,000/- and the interest amount is 15,980/-.    But the O.Ps  when approached for issuance of “No Due Certificate”, they refused to issue the same and to  cancel the loan-cum-hypothecation agreement as was executed in between the complainant and themselves.  It is for this, the complainant has come up with this case and has demanded for issuance of direction to the O.Ps in order to issue NOC in his favour and to pay compensation to him to the tune of Rs.1,00,000/- towards his mental agony and harassment and also to bear his litigation expenses to the tune of Rs.20,000/-.

          In order to substantiate his case, the complainant alongwith his complaint petition has filed copies of certain documents.

3. The O.Ps have contested this case and both of them have filed their written version wherein they admit about disbursement of loan amount of Rs.49,000/- to the complainant thereby enabling him to purchase one Honda Shine two wheeler after execution of loan-cum-hypothecation agreement with him vide A/c. No.32270458.  The agreed E.M.I was of Rs.2166/-.  According to the O.Ps, a sum of Rs.866/- is still outstanding which is to be paid by the complainant towards the delayed payment charges together with the cheque bounce charges of Rs.11,340/-.  There is an outstanding due of Rs.12,206/- as on 18.6.2021 which is to be paid by the complainant.  Thus, they had challenged the maintainability of the complaint petition as filed which is liable to be dismissed.  They have alleged that the complainant has not approached with clean hands and they have relied upon a catena of decisions which they have mentioned in their written version which are as follows:-

(1) In the case of Ramdesh Lahara Vrs. Magma Leasing Ltd. reported in III 2006 CPJ 247 (NC) of Hon’ble National Consumer Disputes Redressal Commission,New Delhi, (2) In the case of G Jayadevappa&Ors Vs. The Manager,Syndicate Bank & Others (R.P. No.3324 of 2014) decided on 7.1.2015 by Hon’ble National Commission wherein it has been held that the O.P bank had levied charges strictly as per the terms of loan agreement, (3) In this regard they have mentioned reference of the Hon’ble Supreme Court in the case of Bharti Knitting Company Vs. DHL Worldwide Express Courier(1996) 4 SCC 704, whereby it was held that when the complainant signs the contract documents, he is bound by its terms and conditions,(4) In another decision of Hon’ble National Commission in Karnataka State Financial Corporation Vs. Mrs. Sheela S.Kotecha, R.P No.488 of 2005 decided on 16.9.2009 it is held that “When there has been a contract between the parties that being a bilateral action, both parties are bound by the terms and conditions as stipulated therein.”,(5) decision of Hon’ble Supreme Court in the case of Managing Director,Maharashtra State Financial Corporation & Others Vs. Sanjay ShankarsaMamarde(Civil appeal no.7189 of 2002 decided on 9.7.2010 that where borrower has no genuine intention to repay and adopts pretexts and plays to avoid payment, then no grievance can make out against corporation,(6) decision of Hon’ble National Commission in the case of Rashpal Singh Bahia & Others Vs. Surinder Kaur and Others 2008(2) Civil Forum Cases 778 (P&H) that one who comes to Forum must come with clean hands & In the case of Lt. col SK Bhatia Vs Punjab Financial Corpn, II (2001) CPJ 40 NC) it was held that since no violation of agreement by Financial Corporation had been alleged the petitioner cannot take umbrage under deficiency of service.

The O.Ps have also filed copies of several documents alongwith their written version in order to prove their stand.

3.         Keeping in mind the contents of the complaint petition and the averments of the written version together with the copies of documents as available in the case record, this Commission thinks it proper to settle the following issues in order to arrive at a definite conclusion here in this case.

i.           Whether the case of the complainant is maintainable?

ii.                   Whether there was any deficiency in service on the part of the O.Ps?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Issue no.ii.

On perusal of the complaint petition, the written version and also the copies of documents as filed from either sides in this case, it is noticed that Annexure-A is the copy of the loan account statement of the complainant Madhusudan Behera which has been filed by the O.Ps and it reflects about the cheque bouncing amounts therein.  At page-15 of the Annexure-A the total outstanding amount is of Rs.12,206/- which is also reflected against the complainant and is not cleared by the complainant.  When the complainant has not cleared the delay payment charges and the cheque bouncing charges, it is obvious that as per the loan-cum-hypothecation agreement copy of which has been filed as Annexure-B together with the written version of the O.Ps; the complainant is only entitled to the “No Dues Certificate” after clearance of all the dues to the O.Ps  those which are outstanding against him.  Accordingly, this Commission finds no deficiency in service against the O.Ps.

Issues no.i& iii.

From the discussions as made above, the case of the complainant is not maintainable and the complainant is not entitled to any of the reliefs as claimed by him.

ORDER

Case is dismissed on contest against the O.Ps and as regards to the facts and circumstances of the case without any cost.

Order pronounced in the open court on the 12^th day of May,2023 under the seal and signature of this Commission.                                                                                                                                         

                                                                                                                                                                                                                                                                                                                                       

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Sri Debasish Nayak

                                                                                                                             President

 

                                                                                                             Sri Sibananda Mohanty

                                                                                                                  Member