Chandigarh

DF-I

CC/45/2024

MODERN WIRES - Complainant(s)

Versus

RBL BANK LIMITED - Opp.Party(s)

DEVINDER KUMAR

03 Sep 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                     

Consumer Complaint No.	:	CC/45/2024
Date of Institution	:	15/1/2024
Date of Decision	:	03/09/2024

 

Modern Wires, Plot No. 259, Industrial Area, Phase-I, Chandigarh through its Proprietor Sh. Mohit Goyal.

Complainant

 

VERSUS

 

1. RBL Bank Limited, Branch Office: SCO No. No. 135-136, Sector 9-C,

Chandigarh through its Branch Manager.

2. RBL Bank Limited, M-6, Ground Floor, Hauz Khas, New Delhi-110016

through its Branch Manager.

3. Arpan Vohra, c/o RBL Bank Limited, M-6, Ground Floor, Hauz Khas, New Delhi-110016...

Opposite parties

CORAM :	SHRI PAWANJIT SINGH	PRESIDENT
	MRS. SURJEET KAUR	MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

 

                                                                               

ARGUED BY	:	Sh. Devinder Kumar, Advocate for complainant
	:	OPs exparte.

Per Pawanjit Singh, President

1. The present consumer complaint has been filed by the complainant under Section 35 of the Consumer Protection Act 2019 against the opposite parties  (hereinafter referred to as the OPs).  The brief facts of the case are as under :-

1. It transpires from the averments as projected in the consumer complaint that  the complainant Mohit Goyal is proprietor of M/s Modern Wires Firm  and the same is being run by the complainant to earn his livelihood by way of self employment.  In the month of January 2021, the complainant approached OP No.1 for the sanction of loan  and on completion of all the formalities,  the OPs  provided loan facility of Rs.20,00,000/- vide loan account No. BLCHA020200070741  (hereinafter referred to be as subject loan account). After disbursal of the aforesaid loan amount, the complainant was regularly paying  monthly installment. However, due to certain reasons the complainant suffered loss and could not pay EMI in time to the OPs. In order to discharge his liability, the complainant approached OP No.1 for settlement of the dispute and on the request of the complainant, OPs issued settlement letter dated 30.8.2022 Annexure C-1, through which  the complainant was asked to pay total sum of Rs.6,70,000/-  as per the following payment schedule:-

Payment details	Amounts	To be paid on or before	Mode payment
1st installment	4,70,000/-	31.8.2022	Cash/online/DD
2nd installment	2,00,000/-	02.09.2022	Cash/online/DD

 

In pursuance to the settlement letter Annexure C-1, the complainant paid entire amount of Rs.6,70,000/- through installments within the stipulated period and thereafter he approached the Ops for the issuance of NOC but the matter was lingered on by OPs on one pretext or the other. After receiving entire amount from the complainant as per settlement terms, the OPs were supposed to withdraw the complaint under section 138 r/w 141 and 142 under Negotiable Instrument Act, pending against the complainant before the court of ld. Metropolitan Magistrate, Saket Court, New Delhi. It is alleged that despite of receiving the loan amount, the OPs had not withdrawn the complaint as a result of which bailable warrants were issued against the complainant and the complainant was humiliated in the eyes of the customers. Again the complainant approached the OP No.1 and explained about the visit by police official, for serving bailable warrants issued against the complainant and requested OP No.1 to issue NOC and withdraw the complaint but again nothing was done by the OP. Even after receiving the entire amount from the complainant, the OPs did not care to intimate the aforesaid court about the settlement  of the loan amount  by the complainant as a result of which the aforesaid court issued non-bailable warrants against the complainant but fortunately the complainant was not there at that time and the same could not be executed. Thereafter the complainant again approached OP No.1 with the request to issue NOC and at that time OP No.1 directed  complainant to first deposit Rs.215/- only then NOC will be issued. The complainant accordingly deposited the same and NOC  dated 5.9.2022 was issued to the complainant . Copy of payment receipt and No Due Certificate are annexed as Annexure C-4 and C-5. Thereafter the complainant approached the aforesaid court  at Delhi  and filed an application for cancellation of non-bailable warrants vide Annexure C-6.  Thereafter the counsel for the OPs had given statement  about the settlement arrived at between the parties. Accordingly the complaint was disposed of by the said court being compounded.  The copy of statement and order dated 28.6.2023 is annexed as Annexure C-7 and C-8. It is alleged that despite of fact that entire settlement amount was paid by the complainant in the month of August and September 2022 the OPs did not withdraw the aforesaid complaint as a result of which  the complainant was humiliated as bailable and non-bailable warrants were issued against him which caused a lot of mental agony and physical harassment to the complainant. The aforesaid act amounts to deficiency in service and unfair trade practice on the part of OPs. OPs were requested several times to admit the claim, but, with no result.  Hence, the present consumer complaint.

2. OPs  were  properly served and initially Sh. Nitin Gover appeared for the OPs thereafter none turned up on behalf of Ops to file reply and evidence, resultantly,  OPs were proceeded against ex-parte on 23.4.2024.

2. In order to prove his claims the complainant has tendered/proved his evidence by way of affidavit and supporting documents.
3. We have heard the learned counsel for the complainant and also gone through the file carefully.
   1. At the very outset, it may be observed that when it is an admitted case of the complainant that  he had obtained loan of Rs.20,00,000/- from OPs and when the complainant could not make regular installment for some time, he approached the OPs for the settlement with the OPs in order to discharge his lawful liability and said request of the complainant was accepted by the OPs, who directed the complainant to pay total amount of Rs.6,70,000/- towards full and final amount in two installments  i.e. first installment of Rs.4,70,000/-  to be paid on or before 31.8.2022 and second installment of Rs.2,00,000/-  to be paid on or before 2.9.2022 as is also evident from Annexure C-1 the settlement letter and accordingly the complainant had paid the entire settlement amount through two  installments  within the stipulated period i.e. on 31.8.2022 through RTGS by paying an amount of Rs.4,70,000/- and also paid second installment on 2.9.2022 as is evident from Annexure C-2 the copy of loan statement and one complaint under section 138 r/w 141 and 142 was filed under Negotiable Instrument Act against the complainant by the OPs in the court of Ld. Chief Metropolitan Magistrate, Saket Court, New Delhi.  as is evident from Annexure C-3 and the OPs had issued NOC on 5.9.2022  as is also evident from Annexure C-5 and the bailable and non-bailable warrants were issued against the complainant by the aforesaid court at Delhi and the matter was finally dispose of as compounded  on the statement made by Ld. counsel for the OPs as is also evident from Annexure C-7 and C-8, the case is reduced to a narrow compass as it is to be determined if the aforesaid act of OPs amounts to deficiency in service and the complainant is entitled for the relief as prayed for and for that purpose the documentary evidence led by the complainant is required to be scanned carefully.
   2. Perusal of Annexure C-1 clearly  indicates that the OPs had accepted the request of the complainant for one time settlement with the directions to the complainant to pay total amount of Rs.6,70,000/- through two installment i.e. on 31.8.2022 and second on 2.9.2022. Annexure C-2  is the copy of loan statement which clearly indicates that the complainant had made the aforesaid payment within the stipulated period and on 3.9.2022  the balance has been shown zero in the loan account of the complainant and the said statement further indicates that after showing the balance as zero in the loan account of the complainant, the OPs had again shown balance amount of Rs.250/- in the account of the complainant being bounce cheque charges which makes it clear that the Ops had themselves firstly agreed to accept an amount of Rs.6,70,000/- from the complainant as full and final amount with respect to the loan account vide letter Annexure C-1 and the Ops were not supposed to ask the complainant and had again shown Rs.250/- as balance on 6.9.2022  despite of the fact that on 3.9.2022 it was shown as Zero in the account statement and also issued NOC on 5.9.2022  as is evident from Annexure C-5, as a result of which bailable and non-bailable warrants were issued against the complainant and he was compelled to get non-bailable warrants cancelled from the court at Delhi. Not only this even Ld. counsel for the OPs made statement for the withdrawal of the complaint on 28.6.2023  as is evident from Annexure C-7 i.e. after 9 months of the issuance of the NOC in favour of the complainant, and due to this negligent act of the OPs, the complainant had to undergo mental agony and physical harassment. Thus the aforesaid act of OPs. amounts to deficiency in service and unfair trade practice on their part, especially when the entire case set up by the complainant in the consumer complaint as well as the evidence available on record is unrebutted by the OPs. Hence, the instant consumer complaint deserves to be allowed.
4. In the light of the aforesaid discussion, the present consumer complaint succeeds, the same is hereby partly allowed and OPs are directed as under :-

1. to pay ₹20,000/- to the complainant as compensation for causing mental agony and harassment;
2. to pay ₹10,000/- to the complainant as costs of litigation.

5.    This order be complied with by the OPs jointly and severally within a period of 45 days from the date of receipt of certified copy thereof, failing which the amount(s) mentioned at Sr.No.(i) above shall carry penal interest @ 12% per annum (simple) from the date of expiry of said period of 45 days, till realisation, over and above payment of ligation expenses.

6. Pending miscellaneous application(s), if any, also stands disposed off.
7. Certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced 03/09/2024 mp			[Pawanjit Singh] President
			[Surjeet Kaur] Member
			[Suresh Kumar Sardana] Member