Andhra Pradesh

Chittoor-II at triputi

CC/15/2016

M.Bhanuprakash, S/o. M.Nagaraju - Complainant(s)

Versus

M/s Indus Ind Bank, Consumer Finance Division, Rep. by its Branch Manager, Tirupati. - Opp.Party(s)

A.Chandra Sekhar

30 Nov 2016

ORDER

 

 

                                                                                                                                                             Filing Date:-16-02-2016                                                                                                                                                                                     Order Date:- 30-11-2016

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, CHITTOOR AT TIRUPATI.

Present: - Sri. Ramakrishnaiah, President

                                                                                              Smt. T. Anitha, Member   

 

WEDNESDAY, THE THIRTIETH DAY OF NOVEMBER, TWO THOUSAND AND SIXTEEN

C.C.No.15/2016

Between

M. Bhanuprakash Mundla,

S/o. M. Nagaraju, Hindu,

Aged about 27 years, residing at

D.No. 5-24, Poultrycomplex,

Mangalam, Near Settipalli,

Tirupati Rural Mandal,

Chittoor District.                                                              … Complainant

 

And

M/s Indus Ind Bank Consumer Finance Division,

Rep. by its Branch Manager,

Office at D.No. 205A, II Floor,

Chenjii Plaaza Apartment,

K.T.Road, Tirupati-517501,

Chittoor District.                                                              … Opposite party

 

           This complaint coming on before us for final hearing on 18.11.2016 and upon perusing the complaint, written arguments of the complainant and opposite parties other relevant material papers on record and on hearing of Sri.A.Chandra Sekhar, counsel for the complainant and Sri. L.M.S. Reddy, counsel for the opposite party having stood over till this day for consideration, the Forum made the following.

ORDER

DELIVERED BY SMT. T. ANITHA, MEMBER

ON BEHALF OF THE BENCH

          This complaint is filed under Sections 12 and 14 of the Consumer Protection Act, 1986, complaining the deficiency of service on part of the opposite party and prayed this Forum to direct the opposite party to return the excess amount of Rs.28,023/- collected by the opposite party along with interest @ 18% p.a. and to pay compensation of Rs.20,000/- for the unlawful attitude of the opposite party and further prayed this Forum to direct the opposite party to issue no due certificate and other original documents pertaining to the two wheeler and to pay costs of the litigation.

           2. The brief facts of the case are:  the complainant submits that he purchased two wheeler HERO PASSION X PRO DISK SELF CAST bearing no. AP 03BK2151for a sum of Rs.59,371/- from Sri Gopal Automobiles, Renigunta Road, Tirupati on 25.06.2014. The complainant further submits that he paid Rs.17,961/- as down payment out of Rs.59,371/- and he availed loan from the opposite party bank of Rs.43,000/- + interest 12.76% (i.e.Rs. 8228),  in total he has to pay Rs.51,228/- along with interest which he has to repay in 18 equal monthly installments of Rs.2846/-  which commences from 21.07.2014 to 21.12.2015. The complainant further submits that the opposite party bank had collected Rs.76.151/- out of agreed amount of Rs.51,228/- and collected excess amount of Rs.24,923/- and also stated that the opposite party on 23.12.2015 forcibly collected Rs.3,100/- from the complainant and stated the complainant is still due of Rs.3,074/- towards loan amount.                                                  

          The complainant further stated that the opposite party  collected Rs.1290/-towards processing charges and also Rs.592/- as documentation charges separately. The complainant further submits that the opposite party instead of EMI amount of Rs.2,486/- collected Rs.3,054/- along with collection charges every month.  The complainant several times paid in cash towards loan amount, but they have charged collection charges for the above said payments which is nothing but unfair trade practice on part of the opposite party and further they have demanded the complainant to pay an amount of Rs.3,074.32/- towards loan amount and stated that he was still due of above said amount. The complainant further submits that even though he paid the loan amount regularly, the opposite party ceased his two wheeler on 2 to 3 occasions and  caused in convenience to him and abused in filthy language which shows unethical attitude of the opposite party towards their customers. The complainant further submits that even after several requests made by him, the opposite party failed to issue no dues certificate and other original documents of his two wheeler even after he cleared the entire loan amount.  Hence he caused a legal notice on 04.01.2016 to the opposite party requesting them to settle the return of excess amount collected by them and also issue no due certificate and other documents. After receipt of the same, they have negotiated 4 to 5 times to settle the matter, as the negotiations are failed, finally they gave  reply notice. Hence he filed the present complaint.

                     3. The opposite party came in to appearance and filed the written version by admitting the loan of the complainant and denied other allegations made in the complaint and contended that the complainant made frivolous allegation against the bank that they have collected more than agreed amount and further contended that the complainant suppressed the fact, that he committed default in payment of EMIs and remitting EMI amounts with huge delay. And also stated that the complainant has paid Rs.76,151/- towards the loan amount is false and the complainant under wrong impression with all entries in the credit column of the complainants loan statement are the payments made by him. The opposite party further contended that, the most of the cheques issued by the complainant got dishonored, hence while presenting the cheques the entries entered in credit side, on subsequent to dishonor the same were reversed in debit side. The accounting process are followed by the opposite party as per RBI guidelines and accounting standards. Hence the complainant with intention to get unjust benefit and mislead the Honor’ble forum by making such allegations and the complainant has to prove that he had paid Rs.76,151/- with appropriate receipts to substantiate  his allegations.

                      The opposite party further submits that as stated below, the complainant is due of Rs.3,074/- as on 23-12-2015.

 

 

 

              Total payable amount                                                        Rs. 51,228-00

              Out of five cheques given by the complinant,

              Two cheques are cleared(Rs.2,846/- X 2)                         Rs.   5,629-00

                                                                                                         

                                                                                           Due        Rs. 45,536-00

               Three cheques bounce charges(Rs.450/- X 3)                   Rs.  1,350-00

               13 EMI No PDC charges (Rs.250/- X 13)                         Rs.   3,250-00

                                                                                                          

                                                                                                   Due         Rs. 50,136-00

                                                                                      Cash Payment    Rs. 47,069-00

                                                                                                                 

                                                                           Balance payment    Rs.   3,076-00

                                                                                                                           

 

                       4.  The opposite party  further submits that in view of the above stated clear particulars of  payments and dues, as per terms and conditions of the agreement the complainant liable to pay sum of Rs.3,076/- with further interest from 23.12.2015 @ 24% p.a. Hence in view of above clear particulars the remaining allegations are not correct. Hence the complainant has to pay an amount of Rs.3,076/- as per the                     statement of account and also he is liable to pay accrued interest @ 24% p.a. there on as

             on date and this opposite party is ready to give no due certificate immediately after clearing the due under the loan. Hence under the above circumstances the complaint is liable to dismiss with exemplary costs.

           5.  The complainant filed his evidence on affidavit and got marked Ex: A1 to A6 on behalf of him. On behalf of the opposite party one Y.Srinivasa Rao, S/o. Y.Raja Rao, Branch Manager filed his evidence on affidavit and Ex:B1 was marked. Both parties filed their written arguments and oral arguments were heard.

          6.  Now the points for consideration are:

              (i) Whether the opposite party has collected excess amount from the complainant as complained in the complaint?           

           (ii) Whether the complainant is entitled to refund of Rs.28,023/- and compensation of Rs.20,000/- as prayed for?          

           (iii)   To what Relief?

          7. Point No:-(i). There is no dispute regarding the loan taken by the complainant from the opposite party bank, because same was admitted by them. The complainant stated that on 25.06.2014 he purchased a two wheeler for Rs.59,371/- and he paid down payment of Rs.17,916/- and for remaining amount he availed loan of (43,000+@ interest 12.76% p.a. i.e. 8,228 = 51,228) which has to repay in 18equal installments of monthly EMI of Rs.2,846/- from 21.07.2014 to 21.12.2015. The complainant further stated that the opposite party has collected an amount of Rs.76,151/- out of Rs.51,228/- and collected an excess amount of Rs.24,923/-. The complainant further stated that on 23.12.2015 the opposite party has collected Rs.3,100/- from the complainant by force and in total the opposite party has collected an excess amount of Rs.28,023/- from him and complained that the opposite party has not followed the rules and regulations as per the loan agreement and collected Rs.12,910/- towards processing charges at the time of disbursing loan amount in addition to that they have collected Rs.592/- as documentation charges and further stated that the opposite party still demanding Rs.3,074/-  towards loan due amount which is nothing but unfair trade practice on part of the opposite party. On behalf of the complainant Ex.A1 to A6 were marked.

          The opposite party in their written version clearly admitted the loan of the complainant and further contended that the complainant committed default in payment of EMIs and remitted the EMI amount with huge delay and also stated that they have collected Rs.76,151/- from the complainant is false. The opposite party further stated that the complainant is in wrong impression, that all the entries in the credit column of the complainant’s statement of account of loan are the payments made by the complainant under i.e. Ex.A3 and B1, and most of the cheques issued by the complainant were dishonored. Hence while presenting the cheques the entries were made in credit side on subsequent to dishonor the same were reversed in debit side and also the complainant was added the initial down payment of Rs.17,961/- which was paid at the time of bike delivery also added to his loan balance. The opposite party further contended that the particulars of payment made by the complainant mentioned in the written version that the complainant is still due in payment of balance of  Rs.3,076/- with interest @ 24% p.a. from 23.12.12015 till realization. 

          As per the Ex.B1 and A3 the loan account statement clearly shows that the complainant defaulted the payment of installments and the cheques were dishonored and also the Ex.A2 complainant’s bank statement shows that the cheques of the complainant were returned and he paid the installments only through cash under Ex.A4. The main contention of the complainant  that he paid Rs.76,151/- towards loan amount and he paid excess amount of Rs.24,923/- towards loan amount to the opposite party, but in order to prove his contention he failed to file the receipts to prove his payment of Rs.76,151/- towards the loan amount,  hence it cannot be accepted.  As per the particulars of payment mentioned in the written version of the opposite party the complainant is in due of Rs.3,076/- can be accepted and the collection of excess amount would not arise.

           8. Point(ii):-   In view of the above detailed discussion that the complainant has failed to prove his contention that he paid excess amount of Rs.28,023/- towards loan amount to the opposite party and also he failed to prove that he regularly paid the installments towards loan repayment. As per Ex:A3, it clearly shows that the complainant is defaulter in payment of installments as the cheques issued by him  were dishonoured and the payments made by him through cash with delay payment charges under Ex:A4 (payment receipts). Hence as already discussed above, that the complainant is still due of Rs.3,076/- towards loan amount hence as a defaulter the question of entitlement of compensation would not arise. Hence this point is answered accordingly.

          9.Point (iii):-   In view of our discussion on points 1 and 2, that the complainant was in due of Rs.3,076/- towards loan amount to the opposite party and after payment of the said amount the complainant is entitled to receive no due certificate and other documents which were deposited with the opposite party, as such the complaint is to be allowed in part accordingly.

         In the result, the complaint is partly allowed directing the complainant to pay the balance amount of Rs.3,076/- (rupees three thousand seventy six only) with agreed interest at Rs.12.76% p.a. from the date of  complaint i.e. 16.02.2016 and take back the documents which were deposited with the opposite party and also he is entitled for “no due certificate”. The opposite party is also directed to receive the balance amount of Rs.3,076/- with interest @ 12.76% p.a. from the date of the complaint as stated above and issue no due certificate along with other documents of the complainant retained by the opposite party immediately after receiving the balance amount. Both parties are directed to comply with the respective order within six weeks from the date of receipt of copy of this order. Each party do bear their own costs.           

         Dictated to the stenographer, transcribed and typed by her, corrected and pronounced by me in the Open Forum this the 30^th day of November, 2016.  

         Sd/-                                                                                                                        Sd/-                                                                                                       

  Lady Member                                                                                                             President

                                                                                          

APPENDIX OF EVIDENCE

 

Witnesses Examined on behalf of Complainant/s.

 

PW-1: M. Bhanuprakash Mundla (Chief Affidavit filed).

 

Witnesses Examined on behalf of Opposite PartY/S.

 

RW-1: Y. Srinivasa Rao (Chief Affidavit filed).

 

EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT/s

 

Exhibits (Ex.A)	Description of Documents
	Loan (No: ANY00166H) paid particulars issued by the IndusInd Bank. Dt: 23.07.2014.
	Statement of Accounts issued by the Karur Vysya Bank Limited, Tirupati Khadi Colony Branch.
	Statement of Account issued by the IndusInd Bank. Dt: 10.11.2016.
	Paid Cash Bills of the Complainant (10 in Number).
	Legal Notice to Opposite Party. Dt: 04.01.2016.
	Replied Legal Notice issued by the Opposite Party. Dt: 08.02.2016

 

EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTY/s

 

Exhibits (Ex.B)	Description of Documents
	Statement of Account issued by the IndusInd Bank. Dt: 10.11.2016.

 

 

 

                                               Sd/-

                    President

 

 

// TRUE COPY //

                                                                                                 // BY ORDER //

 

                                                                                          Head Clerk/Sheristadar, 

                                                                                 Dist. Consumer Forum-II, Tirupati.

                                                                                       

 

 

Copies to:  1) The Complainant.

                  2) The Opposite party.