Tamil Nadu

South Chennai

457/2008

M.Anthony - Complainant(s)

Versus

m/s.HDFC Bank ltd - Opp.Party(s)

T.N.Sugesh

04 Jan 2018

ORDER

                                                                        Date of Filing :   11.11.2008

                                                                        Date of Order :   04.01.2018

DISTRICT CONSUMER DISPUTE 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.457/2008

THURSDAY THIS 4^TH DAY OF JANUARY 2018

M. Anthony,

No.2/56, PhillipsPuram Village,

Senji (Post), Kavan Kolathur Panchayat,

Thriuvallur T.K. Road, CSI Church,

Chennai 631 203.                                                 .. Complainant

                                        ..Vs..

1. M/s. HDFC Bank Ltd.,

Chennai Branch Office,

Retail Asset Division 56,

G.N. Chetty Road, T.Nagar,

Chennai 600 017.

 

2. M/s. HDFC Bank Limited,

Retain Asset Collections,

4^th Floor, Titanic Building,

26A Narayan Properties,

Chandivali, Andheri East,

Mumbai 400 072.

 

3. M/s. HDFC Bank Ltd.,

(Hypothecation Division),

NO.110, Nelson Manickam Road,

Aminjikarai,

Chennai 600029.                                         .. Opposite parties.

 

Counsel for Complainant                 :    M/s. T.N.Sugesh         

Counsel for opposite parties          :    M/s. T.K.M. Sai Krishnan &

                                                         N. Premalatha                               

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 seeking direction to refund a sum of Rs.9000/-  paid in excess  and Rs.25,000/- as compensation for mental agony  and to pay cost of the complaint.

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

        The complainant submit that he availed a Two wheeler vehicle loan for the purchase of a Hero Honda Passion Motor cycle bearing registration No.TN20 AC 8778 from the opposite parties. The complainant issued 10 duly signed blank cheque towards bi-monthly installments of Rs.3108/- drawn on the Allahabad Bank, Jawahar Nagar Branch in Chennai.  The complainant duly arranged the EMI without any default.  But unfortunately the last cheque was returned dishonoured with the endorsement insufficient fund.    The complainant further state that the 1^st opposite party issued intimation letter Ex.A4 without any date claiming a sum of Rs.4011/- (pending installment amount of Rs.3108/- together with interest and Rs.450/- towards cheque bouncing charges).    Immediately the complainant contacted the 1^st opposite party and made suitable arrangement for payment.  But the collection manager one Mr. Socrates of the 1^st opposite party approached  the complainant on 24.7.2008 demanded a sum of  Rs.10,000/- and threatened the complainant to seize and sell the vehicle, instead  of claiming  Rs.4011/-.   Thereafter the opposite parties forcibly seized the vehicle  and  the complainant paid a sum of Rs.9011/- on 29.7.2008 and they released the vehicle.   Further the complainant state that even after repeated requests and demands the opposite parties forcibly seized the vehicle and gave intimation to the complainant  without mentioning the date of seizure and without issuing any proper notice.       As such the act of  the opposite parties amounts to deficiency in service which caused mental agony and hardship to the complainant.  Hence this complaint is filed.

2.    The brief averments in the Written Version filed by the  opposite parties are   as follows:

      The   opposite parties deny each and every allegations except those that are specifically admitted herein.  The  opposite parties submit that the complainant after availing two wheeler loan regularly paid 9 installments.  The cheque issued for 10^th installment was bounced.   Thereafter the complainant has not come forward to pay the balance amount due to the loan.  The complainant has to pay a sum  of Rs.4011/- pending installment Rs.3108/- and Rs.450/- towards cheque bouncing charges and Rs.453/- towards late payment charges. Further the opposite parties state that since the complainant has not paid the loan installment with penalty charges and cheque bounce charges  the opposite party dispossessed the vehicle and due intimation was given to the complainant on 26.7.2008.   Further the opposite parties state that after due seizure the complainant paid a sum of Rs.9011/- and the vehicle was released to the complainant.    Hence there is no deficiency in service on the part of the opposite parties and the complaint is liable to be dismissed.

4.     In order to prove the averments of the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A10 marked.  Proof affidavit of opposite parties filed and Ex.B1 & Ex.B2 marked on the side of the  opposite parties.

5.   The points for the consideration is: 

1)  Whether the complainant is entitled to refund a sum of Rs.9000/-  paid in excess to the opposite parties as prayed for?

 

2) Whether the complainant is entitled to pay  a sum of Rs.25,000/- as compensation for mental agony with cost as prayed for?

 

6.     POINTS 1 & 2 :

       

         Heard both sides.  Perused the records  (viz.) complaint, written version, proof affidavit and documents.   Admittedly the complainant availed a Two wheeler vehicle loan for the purchase of a Hero Honda Passion Motor cycle bearing registration No.TN20 AC 8778 from the opposite parties.   Ex.A1 is the registration certificate.   The complainant issued 10 duly signed blank cheques towards bi-monthly installments of Rs.3108/- drawn on  Allahabad Bank, Jawahar Nagar Branch, Chennai.  The complainant duly arranged the EMI without any default.  But unfortunately the last cheque was returned dishonoured with the endorsement insufficient fund.  Ex.A2 is the copy of Pass book.  Ex.A3 is the statement of account showing the last clearance of Rs.3108/- on

6.9.2007.    The learned counsel for the complainant further contended that the 1^st opposite party issued intimation letter Ex.A4 without any date claiming a sum of Rs.4011/- (pending installment amount of Rs.3108/- together with interest and Rs.450/- towards cheque bouncing charges).   Immediately the complainant contacted the 1^st opposite party and made suitable arrangement for payment. But the collection manager one Mr. Socrates of the 1^st opposite party approached  the complainant on 24.7.2008 and  demanded a sum of  Rs.10,000/- and threatened the complainant to seize and sell the vehicle, instead  of claiming  Rs.4011/-.   Thereafter the opposite parties forcibly seized the vehicle. Thereafter the complainant paid a sum of Rs.9011/- on 29.7.2008 and released the vehicle.   Further the learned counsel for the complainant contended that even after repeated requests and demands the opposite parties forcibly seized the vehicle and gave intimation to the complainant  as per Ex.A4 without mentioning the date of seizure and without issuing any proper notice.    Since Ex.A4 is  not dated and it is not proved by both the parties this forum can very well come to the conclusion  that the vehicle was seized without any proper notice.   The opposite party also  has not filed  any document to prove that the notice of  seizure has been issued and properly served.  Hence the complainant issued letters Ex.A9 & Ex.A10 but there was no reply from the opposite parties and filed this case; claiming to refund a sum of Rs.9000/- with compensation.

7.    The learned counsel for the opposite parties contended that the complainant after availing two wheeler loan regularly paid 9 installments.  The cheque issued for 10^th installment was bounced.   Thereafter the complainant has not come forward to pay the balance amount due to the loan.  The complainant has to pay a sum of Rs.4011/- (pending installment Rs.3108/- and Rs.450/- towards cheque bouncing charges and Rs.453/- towards late payment charges).  But the opposite parties has not produced any RBI Rules to prove that he is entitled to collect penal charges and late fee etc.   Further the contention of the opposite parties is that since the complainant has not paid the loan installment with penal charges and cheque bounce charges,  the opposite party dispossessed the vehicle and due intimation was given to the complainant on 26.7.2008 as per Ex.A6.  But on a careful perusal of records the opposite parties totally suppressed the manner of seizure and issued notice regarding seizure and the date of seizure etc. proves that the seizure itself  is illegal.   Further the learned counsel for the opposite parties contended that after due seizure the complainant paid a sum of Rs.9011/- and the vehicle was released to the complainant.  There was no deficiency of service or unfair trade practice committed by the opposite parties is not acceptable because immediately after the bounce of cheque no intimation of any kind of the opposite party was sent to the complainant requesting to pay the amount due.   Equally the opposite parties claim  of Rs.4011/- (pending installment Rs.3108/- and Rs.450/- towards cheque bouncing charges and Rs.453/- towards late payment charges) has not been produced. Similarly the opposite parties has not produced any document to show that the notice of seizure was issued and the date of dispossession of the vehicle also not given except the intimation  that the vehicle was seized and claimed exorbitant amount of Rs.9011/- proves the deficiency  of  service on the part of  the opposite parties.

In the result the complaint is allowed in part.  The  opposite parties 1 to 3 are jointly and severally liable to pay a sum of Rs.5453/- (Rupees Five thousand four hundred and fifty three only) and shall pay compensation of Rs.10,000/- (Rupees Ten thousand only) towards mental agony with cost of Rs.5,000/-  (Rupees Five thousand only) to the complainant.  

 

The aboveamounts shall be payable within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a to till the date of payment.

Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the  4^th   day  of  January  2018.  

 

MEMBER-I                                                                      PRESIDENT.

Complainant’s side documents:

Ex.A1-  9.7.2006   - Copy of certificate of registration of the vehicle.

Ex.A2-                - Copy of complainant’s bank pass book.

Ex.A3- 29.10.2007         - Copy of Bank statement of account.

Ex.A4-                - Copy of Communication from the opp. parties.

Ex.A5- 29.7.2008  - Copy of receipt.

Ex.A6- 26.7.2008  - Copy of proceedings of the opp. parties.

Ex.A7- 27.7.2008  - Copy of telegram.

Ex.A8- 31.7.2008  - Copy of letter issued by the opp. parties.

Ex.A9- 4.8.2008    - Copy of letter issued by the complainant.

Ex.A10- 19.8.2008         - Copy of legal notice.

 

Opposite parties’ side document: -     ..Nill..

Ex.B1-                - Copy of loan application form.

Ex.B2-              - Copy of loan cum hypothecation agreement.

 

MEMBER-I                                                                       PRESIDENT.