Haryana

Yamunanagar

CC/887/2013

Akhil Bansal S/o Parmod Bansal - Complainant(s)

Versus

Oriental Bank Of Commerce - Opp.Party(s)

Pawan Mago

14 Sep 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR AT JAGADHRI.

 

                                                                        Consumer Complaint No.887 of 2013.

                                                                        Date of Institution:10.12.2013.

                                                                        Date of Decision:14.9.2017.

 

Akhil Bansal  aged 34 years son of Sh. Parmod Bansal, R/o House No. 838, Gali No. 4, prem Nagar Yamuna Nagar, Tehsil  Jagadhri , Distt. Yamuna Nagar.

 

                                                                                                …Complainant.

                                                Vs.

 

1.         Oriental Bank of commerce, Branch MLN collage Yamuna Nagar through its Branch Manager .

2.         H.D.F.C Bank Ltd. Nirankari Bhawan Yamuna Nagar , thought its Branch Manager.

3.         H.D.F.C Ltd. think Techno, Alpha live-2 office Jagehwari Vikroli Link Road , Kanjur Majra, Mumbai-40042.

…Respondents.

 

                                                Complaint under section 12 of the

                                                Consumer Protection Act.

 

CORAM:        SH.SATPAL………..PRESIDENT,

                        SH.S.C.SHARMA,    MEMBER.

                        SMT. VEENA RANI SHEOKAND, MEMBER.

 

Present:    Sh.Pawan Mago, Adv. for complainant.

                Sh.Rajiv Gupta, Adv. for OP No.1.

                Sh.K.K.Gupta, Adv. For Op No.2 & 3.

 

ORDER:         (SH.STAPAL, PRESIDENT)

 

1.                     The complainant filed this complaint under section 12 of the Consumer Protection Act against the respondents (hereinafter the respondents shall be referred as Ops).

2.                     Brief facts of the complaint are that the complainant is having saving bank account No.05292011006033 with the Op No.1.  The complainant obtained a vehicle loan from OP No.2 and at the time of sanctioning the loan the OP No.2 took signatures of the complainant for ECS (Electronic Credit System) and the complainant was assured that the amount of installment will be debited from the account of the complainant automatically as it was stated by the OP No.2 that they had arrangement regarding ECS with the Op No.1.  On 5.10.2013 an amount of Rs.34/- was debited on account of ECS INW CH shown in the bank passbook of the complainant and again in the next month, on 5.11.2013 an amount of Rs.34/- was debited on account of ECS INW CH.  The complainant approached the OP NO.1 with regard to ECS facility under which the amount of installment was debited on account of auto debit facility.  At that time respondent no.1 told the complainant that necessary documents were not supplied by the Op No.2 to the OP No.1.  The complainant approached the Op No.2 for making the correct arrangement regarding the ECS facility provided by them but the Op No.2 did not pay any attention to rectify the default due to which the complainant has to suffer a lot and instead of rectifying the default on their account, they refused to do the needful and declined the just and genuine request of the complainant, which amounts to deficiency in service on the part of the Ops and prayed for acceptance of complaint by directing the Ops to do the needful b y starting automatic auto debit of the installment amount, to pay Rs.50,000/- as compensation for mental agony and harassment as well as Rs.11,000/- as cost of proceedings. 

3.                     Upon notice, the Ops appeared and filed their written statement separately.  The OP No.1, while filing the written statement, took some preliminary objections that the complaint is not maintainable against the answering Op; there is no negligence or deficiency in service on the part of the answering Op; the OP bank has been dragged in an unnecessary litigation by the complainant; true facts are that the complainant has taken loan from Op No.2 with repayment option through ECS (Electronic Credit System).  The ECS mandate was not received by the answering Op from the Op No.2 to enable answering OP to feed the same in its Finance system, with the result the ECS presented for payment by HDFC bank to OBC was dishonoured for the period October-2013 to January-2014.  The due date for payment was 5^th of every month.  On 7^th of January, 2014 the complainant approached the answering OP to know the reasons for returning the ECS and he requested the bank to feed the mandate in system of the bank so that his further ECS may be honoured.  The answering OP, on the request of complainant, fed the same in the system of the bank and from January-2014 ECS started debiting his saving bank account.  The ECS returning charges were debited to his account for the period October-2013 to January-2014 for the reason stated above.  From the facts above, it is crystal clear that, it was the duty of the OP No.2 to inform the answering Op regarding ECS mandate.  On merits, controvert the plea taken by the complainant and reiterated the stand taken in the preliminary objections.  There is no deficiency in service on the part of the answering Op and prayed for dismissal of complaint with costs.

4.                     The Ops No.2 & 3, while filing the written statement, took some preliminary objections that the present case is not maintainable; the complainant has no locus standi to file the present complaint; the complainant is estopped from filing the present complaint; the complainant has concealed the true and material facts from this Hon’ble Forum.  The true facts are that the complainant had been sanctioned a loan of Rs.33,000/- for two wheeler make ACTIVA vide agreement No.25172332 which was to be repaid in 17 monthly installments of Rs.2300/- w.e.f.5.9.2013 to 5.1.2015 and it was agreed at the time of sanctioning of loan that the amount of installments will be paid through ECS from the account of the complainant in Oriental Bank of Commerce and for this purpose Madate Form ECS (Debit Clearing) vide reference No.25172332 dated 7.8.2013 was also supplied to the OBC, Yamuna Nagar which was acknowledged by them.  Thereafter, on 5.10.2013, 5.11.2013, 5.12.2103 and 5.1.2014, the amount of installments were not debited from the account of the complainant with the OP No.1 whereas all the necessary documents were already supplied to the Op No.1.  However, since 5.2.2014, the amount of installment is being paid through ECS.  On merits, controverted the plea taken by the complainant and reiterated the stand taken in the preliminary objections.  There is no deficiency in service on the part of the answering Ops and prayed for dismissal of complaint with costs.

5.                     We have heard the learned counsel for the parties and gone through the pleadings as well as documents placed on the file. 

6.                     The complainant failed to tender any evidence despite last opportunity and his evidence was closed by court order vide order dated 25.3.2016.  However, at the time of the complaint, the complainant has placed on file the copy of pass book (Annexure C.1) and copy of receipt of Rs.2300/- (annexure C.2).

7.                     The counsel for the Op No.1 tendered into evidence affidavit of Shri Manoj Vaish, Manager as annexure RW.1/A, documents such as copy of mandate form as annexure R.1/1, statement of account as annexure R.1/2 and closed the evidence on behalf of the OP No.1.

8.                     The counsel for Op No.2 and 3 tendered into evidence affidavit of Shri Deepdepinder Singh, Assistant Manager as annexure RW.2/A, documents such as mandate form as annexure R.2/1, copy of statement of account as annexure R.2/2 and closed the evidence on behalf of Op No.2 and 3.

9.                     We have heard the learned counsel for the parties and gone through the pleadings as well as documents placed on file. 

10.                   After hearing the learned counsel for the parties and going through the pleadings as well as documents placed on the file, it is clear that the plea taken by the OP No.1 that they had not received the mandate from OP No.2 to enable them to feed the same in its financial system is not tenable.  From the perusal of Mandate Form (Annexure R.2/1), it is evident that the same was duly got filled by the OP No.2 on 7.8.2013 in which the date of effect has been mentioned as 5.10.2013 to 5.1.2015 and the same was duly received by the OP No.1-Oriental Bank of Commerce, Yamuna Nagar.  Further, from the perusal of the statement of account annexure R.1/2, it is clear that OP No.1 had debited Rs.34/- each on 5.10.2013 and Rs.34/- on 5.11.2013 on account of ECS INW cheque Rej charges from the account of the complainant. 

11.                   In view of the above said discussion, this fact is clear that the OP No.1-Bank did not feed the Mandate Form in financial system of the complainant even after receiving the application from the complainant as well as after filing the complaint, which amounts to deficiency in service on their part.  Not only this, when the Ops No.2 & 3 placed on file their version that they had sent the Mandate Form well within time even then also the Op No.1 did not bother to redress the genuine grievance of complainant by refunding the amount which they have deducted illegally and deliberately.  So, the complainant is entitled for relief.

12.                   Resultantly, we partly allow the complaint of the complainant by directing the Op No.1 to refund Rs.68/- which have illegally been deducted from the account of the complainant by OP No.1 and further to pay Rs.5000/- as compensation for mental agony, harassment and Rs.3300/- as cost of proceedings. Order be complied within one month from the date of preparation of this order, failing which the complainant is at liberty to invoke the jurisdiction of this Forum as per law.  Copies of this order be sent to the parties concerned free of costs.   File be consigned to the record-room.

Announced in open Court:14.9.2017.

                                                                                                (SATPAL)

                                                                                                PRESIDENT.

 

 

(VEENA RANI SHEOKAND)                    (S.C.SHARMA)

MEMBER.                                                     MEMBER.