Date of Filing:17.07.2007<br /> Date of Order: 31.01.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> <br /> Dated: 31ST DAY OF JANUARY 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> COMPLAINT NO: 1485 OF 2007 <br /> <br /> <br /> M.C. Lokesh,<br /> S/o Chandragowda,<br /> R/at No. 22, II Main,<br /> Venugopalaswamy Nilaya,<br /> 9th Cross, Sir. M.V. Layout,<br /> Kodigehalli, Thindlu Road,<br /> Vidyaranyapura,<br /> Bangalore-560 097. Complainant<br /> <br /> V/S<br /> 1. The Standard Chartered Bank,<br /> Customer Service CLPU,<br /> P.B. No. 58, II Floor,<br /> No.58, Armenian Street,<br /> Chennai 600 001,<br /> Represented by its Chairman.<br /> <br /> 2. Standard Chartered Bank,<br /> Branch Office, Bangalore,<br /> Raheja Apartments,<br /> M.G. Road, Bangalore-560 001,<br /> Represented by its Manager. Opposite Parties<br /> <br /> <br /> <br /> ORDER<br /> By the President:-<br /> <br /> This is a complaint filed U/Sec. 12 of the Consumer Protection Act, 1986. <br /> The facts of the case are that, the complainant has taken loan from the opposite party Bank. He is regular in payment of EMI. The interest payable on the loan was at 7.5%. The opposite party has not provided the statement of account even though requested by the complainant. The opposite party is exorbitantly raising the rate of interest at their whims and fancies. The complainant served legal notice. Notice not replied. Complainant was subjected to wrongful loss and mental anguish and torture. Hence, the complainant has sought that the opposite party is directed to give detailed statement of account in respect of loan transaction and to award compensation of Rs. 10,000/-.<br /> 2. Notice was issued to opposite party. Opposite party has put in appearance and filed defense version stating that, the rate of interest agreed by the complainant was variable. The opposite party intimated the complainant regarding review of interest once in three months. The complaint is made with an ulterior motive of making wrongful gains. Complainant has failed to make out any case of deficiency of service. Hence, the opposite party requested to dismiss the complaint.<br /> 3. Affidavit evidence filed. Arguments are heard.<br /> 4. The points for consideration are:-<br /> 1. Whether there is any deficiency in service on the <br /> part of the opposite party?<br /> <br /> 2. Whether the complaint is maintainable? <br /> <br /> <br /> <br /> REASONS<br /> <br /> 5. By looking into the facts of the case and the allegations made in the complaint and the prayer sought by the complainant and the main relief asked by the complainant is the opposite party should provide detailed statement of account in respect of the loan transaction of Account No.41108116. The opposite party was directed by this Forum to furnish statement of account. As per the direction the opposite party submitted the statement of account and copy of the same was also given to the complainant. Therefore, in view of furnishing of the detailed statement of account the relief asked by the complainant has been granted. The complainant is a customer of the Bank. He had taken loan from the Bank. As per the statement of account he had obtained loan of Rs.3,50,000/- on 19/2/2003 and as on 20/11/2007 the amount due is Rs.3,21,600/-. Therefore, still there is lot of time for the complainant to agitate his grievances. The complaint is premature one. The grievances of the complainant can looked into at a later stage when the complainant is going to close the account by paying the entire loan. The learned advocate for the complainant brought to our notice that the Bank had charged Rs. 295/-, Rs.495/-, like this towards cheque bounce charge and submitted that the amount charged or debited is exorbitant and it cannot be believed or accepted that such a heavy amount shall be debited towards the cheque bounce charges. It is true that the Bank has debited heavy amount in the account towards cheque bounce charges. All the grievances of the complainant can be looked into only at a later stage. The complainant has still to go long way and he has to maintain good relationship with the opposite party Bank. Therefore, we hope that the Bank will also take reasonable, proper and best method in charging and debiting the amount in the account of the complainant. The customer should not feel that injustice had been done to him. The service provider should see that the customer is not put to unnecessary loss or harassment. Protection of consumers is the need of the society. Customer has got four basic rights namely (1) the right to information, (2) the right to safety, (3) the right to choice, and (4) the right to representation. Therefore, taking into consideration of the basic rights of the customers the service provider should see that the customers’ rights are not effected. With this observation, I proceed to pass the following:-<br /> ORDER<br /> <br /> 6. The complaint is dismissed. No order as to costs.<br /> 7. Send the copy of this Order to both the parties free of costs immediately. <br /> <br /> 8. Pronounced in the Open Forum on this 31ST DAY OF JANUARY 2008.<br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> MEMBER MEMBER <br /> <br /> <br />