BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
CACHAR :: SILCHAR
Con. Case No. 8 of 2019
Miss.N.M Shakila Aktar Laskar,
Uttar Krishnapur Part-1, P.S Silchar, …………………………….. Complainants.
-V/S-
1. M/S Indusland Bank Ltd. Represented by its Authorised Representative.
No.115, 116, G.N Chetty Road, Chennai- 600017.………………… O.P.No.1.
2. Indusland Bank Ltd. Consumer Finance Division
Silchar TXS Branch, Represented by its Manager, Rangirkhari
Silchar-788005. ……………………………………………………… O.P.No.2.
Present: - Sri Bishnu Debnath, President,
District Consumer Forum,
Cachar, Silchar.
Sri Kamal Kumar Sarda, Member,
District Consumer Forum,
Cachar, Silchar.
Appeared: - Mr. Ansarul Houque, Advocate for the complainant.
Mr. Mithu Deb, Advocate for the O.P.
Date of evidence 15-06-2019, 10-07-2019
Date of written argument 13-08-2019, 12-09-2019
Date of oral argument 14-10-2019, 07-11-2019
Date of judgment 18-11-2019
JUDGMENT AND ORDER
Sri Bishnu Debnath
1. The Complainant Miss N.M.Shakila Aktar Laskar brought the complaint under the Consumer Protection Act,1986 against the IndusIand Bank Ltd. and its Silchar Branch (referred as ‘OPs’) for direction to repay Rs 6,280 and compensation of Rs 34,460. To get the above reliefs the complainant brought the following facts:
2. She purchased a Scotty bearing registration No.AS11/K-6562 on 18-01-2016 for Rs 58,715 with financial aid of the OPs. The OPs financed Rs 47,000, vide Loan agreement No.TXWO1508H dated 18-01-2016. As per agreement the loan amount to be repaid with equal monthly installment within 21-12-2018. The complainant paid the monthly installment regularly and accordingly on 21-09-2018 the outstanding due was Rs.11,278/-. But on 24-09-2018 the OPs showed outstanding balance was Rs.13,602/- and on 23-10-2018 showed outstanding balance was Rs.14,128/-. The complainant dis-agreed with the balance shown by the OPs. In consequence, the OPs repossessed the Scotty on 09-11-2018 without issuing any notice. However, on 14-11-2018 illegally received Rs.18,030/- including Rs.17,930/- as outstanding balance of loan account as on 23-10-2018 from the complainant as full and final payment and handover the possession of the Scotty without issuing the loan clearance certificate at once. The said paid up amount is excess of Rs.6,280/- and the Complainant was compelled to pay said amount to release the Scotty.
3. After 3(three) month from the date of payment of the above amount and receiving the Scotty from the custody of the OPs, on 15-02-2019 the complainant received a copy of Exparte Award of Arbitration. As per the said Award the complainant is to pay Rs.14,634/- with interest @ 18% over Rs.11,278/- with effect from 24-09-2018 plus cost of Rs.1,500/-. Hence, this case has been brought for reliefs stated above.
4. The OPs submitted their joint W/S. In the W/S admitted the fact of Exparte Arbitration Award. But the plea of the OPs is that before passing the Exparte Award, notice issued to the complainant and learned Arbitrator after providing sufficient opportunities to submit the case of the complainant passed the award on merit. Of course, the OPs took another defense plea that complainant on getting the knowledge about the arbitration proceeding pending in Chennai came forward to settle the loan account by making payment in the month of November,2018 and settled the loan account but before receiving information regarding settlement of the loan account, the Exparte Award passed at Chennai. However, the OPs have assured the complainant that the Arbitration Award will not be enforced against the complainant.
5. Regarding excess amount as stated above, the OPs stated inter-alia that the complainant has actually not honoured 25 EMIs and all the said EMIs were paid belatedly and on account of the above delay, additional interest charges started accruing in the loan account along with the overdue. However, the OPs stated further that the complainant when failed to make payment of installment, surrendered the Scotty to the OPs and accordingly Scotty was repossessed but after settlement of loan the Scotty was returned to the complainant and loan clearance certificate was issued subsequently.
6. The complainant submitted her deposition with some documents and at the ending of evidence, submitted written Argument. Similarly, the OPs submitted deposition of Sri Pritom Choudhury and also exhibited Loan Agreement, reminder notices for payment of installments, letter of surrender, settlement of loan account, etc. The OPs also submitted written Arguments.
7. I have heard the learned advocates of the parties and perused the evidence on record including written arguments. In this case it is admitted fact that Exparte Arbitration Award has been passed and as per award the complainant is asked to pay outstanding dues with interest and cost. So this District Forum has no jurisdiction to review the Award or made any comment on the award. This District Forum has also no jurisdiction to pass an award by dis-regarding the Award of the Arbitrator. The amount which has been awarded by the Sole Arbitrator is beyond question to this District Forum. To challenge the Award the complainant may take recourse of law and procedure before the competent court subject to the law of limitation.
8. Anyhow, it is admitted by the OPs that after settlement of loan account outside the court, the OPs could not intimate the result of settlement to the Sole Arbitrator. Why the OPs failed to intimate such material facts to the Sole Arbitrator is not disclosed to this District Forum. Hence, when the OPs were aware about the exparte proceeding before the Sole Arbitrator, it was their bounded duty to intimate to save the complainant from harassment. However, in this case the OPs have stated on affidavit that the award will not be enforced. But why, immediately after serving the copy of Award to the complainant they have failed to assured her that the Award will not be enforced? Here, I have found callousness of the OPs toward the right and interest of the complainant.
9. Hence, the OPs are directed to calculate the amount as per Exparte Award of the Sole Arbitrator and if found the amount received from the complainant on 14-11-2018, is higher than the calculated amount of Exparte Award of the Sole Arbitrator, the balance exceeding the calculated amount of Award aforesaid to be returned with interest at the rate of 18% per annum. Not only that but also OPs are directed to pay compensation for mental agony of Rs.5,000/- (Rupees Five Thousand) only. Further OPs are directed to pay the cost of this proceeding of Rs.5,000/- (Rupees Five Thousand) only. The OPs are asked to make payment of the above awarded amount within 45 days from today. If fail, the awarded amount of this case will fetch further interest at the rate of 10% per annum with effect from the date of filing of the case till realization of the full.
10. With the above, this case is disposed of on contest. Supply free certified copy of Judgment on this the 18th day of November, 2019.
