DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. No.268/2023

Date of Institution: 06.08.2023

Judgment Reserved on: 23.10.2024

Judgment Passed on: 22.11.2024

QUORUM:

Sh. S.S. Malhotra (President)

Sh. Ravi Kumar (Member)

Judgment by: Shri Ravi Kumar (Member)

JUDGMENT

The Complainant has alleged deficiency in service on the part of OP in not providing him copy of the loan documents of his Car Loan which he had availed from Raj Nagar Extension Branch of OP Bank. The Complainant has also alleged misbehavior on the part of staff of OP Bank.

1. The Complainant in his complaint has stated that he was interested in buying new Car and he was approached by one executive of OP namely Mr. Bharat Yadav who informed him that upon providing all the documents and the requirement, loan can be sanctioned to the Complainant.
2. Car loan was sanctioned to the Complainant and on 16.05.2023 he alongwith his friend Mr. Gagan visited the OP for the purpose of documentation and he executed number of documents, Loan application, Loan agreement, Schedule of loan etc. which were blank and were in printed form. The Complainant was assured that after completion of all the signatures by the Manager etc. he would be provided copy of the documents.
3. The loan was disbursed and Complainant demanded copy of the document however he was provided only one sanction order alongwith Form-34 blank signed for handing over to the Dealer and also one Arrangement Letter. The Complainant objected to the same and he was informed that it is the practice of the Bank to provide only the said documents when the Complainant requested to provide remaining documents the Bank officer concerned used un-parliamentary language and his senior told that if he wants to cancel the loan it can be cancelled however since the loan has been sanctioned the Complainant will have to pay fees and foreclose charges. The Complainant raised the issue with the Chief Manager who also supported with the staff and no relief was granted to him. The Complainant has contended that on the one hand OP got signed number of blank documents and even got signed the acknowledgement in token of receipt of all the documents and annexure however when the Complainant demanded copies, the same was refused and OP’s staff misbehaved with him. He stated this is in violation of Banking Code of Standard Board of India – Code of Banks Commitments to Customers specifically in relation to para 1.1 (C) & (J). Complainant has sought following reliefs against the OP in his complaint:
   1. A decree/order  directing the OP to remove the deficiency in service of the OP by supplying copy of all documents which were got signed by the Complainant duly filled and signed by the competent officer of the OP;
   2. A decree/order directing the OP to remove the deficiency in services of the OP by taking strict action against the                                                              executives/officials of the OP who had misbehaved with the Complainant;
   3. A decree/order for payment of a sum of Rs.50,000/- as compensation for damages, costs, etc on account of mental pain, agony, torture and humiliation caused to the Complainant, with interest @24% p.a. in favour of the Complainant and against the OP;
   4. A decree/order for payment of litigation expenses and cost to the Complainant if favour of the Complainant and against OP;
   5. Such order and/or further relief, to which the Complainant may be found entitled to, may also kindly be passed in favour of the Complainant and against the OP.
4. Notice was issued and OP filed their reply on 15.09.2023 whereas OP had received copy of paper book on 07.08.2023. The reply was filed by OP beyond statutory period of 30 days and no application for condonation of delay was filed by OP. Thereafter the Complainant has filed his evidence by way of affidavit and he has also filed evidence by way of affidavit of Mr. Gagan Kaushik.
5. On 20.11.2024, OP moved an Application under Section 151 CPC read with Order 18 Rule 17 CPC for placing the Evidence of OP on record which was dismissed on the same day and thereafter the case was listed for today for passing of orders when none appeared for OP. Complainant has already advanced his arguments.
6. This Commission has heard the arguments and perused the records. The case of the Complainant falls under narrow compass that when he demanded the copy of entire loan documents executed between him and the OP Bank, the same were not provided and rather officials of OP misbehaved with him and this amount to deficiency in service.
7. The reply of the OP has been filed beyond statutory period of 30 days and in the absence of any application for condonation of delay beyond 30 days, the same cannot to be read in their defense.
8. It is not disputed that Complainant availed Car Loan from OP Bank and he executed loan documents on 16.05.2023 which included several forms of loan agreement, schedule of loan etc. The Complainant has stated that these forms etc. were blank having printed acknowledgement which reads that copy of the loan documents alongwith annexure have been received by the borrower. Whereas the situation was that when he executed the loan paper the same were blank and he was informed that Manager and Assistant General Manager will sign these papers later. When the Complainant demanded copy of these documents executed by him he was only provided with three documents i.e. Sanction Letter/order, Form – 34 which was blank and Arrangement Letter and he was informed that he will be given these documents only.
9. The Complainant had relied upon Code of Banks Commitments to Customers under Banking Codes and Standard Board Of India and he has specifically relied upon para 1.1 (C) and 1.1 (J) as follows:
   1. We shall invariably provide you with an acknowledgement of your loan application, whether submitted online or manually, indicating therein the time frame within which the application will be processed.
   2. We will provide you the sanction letter detailing particulars of amount sanctioned and the terms and conditions.
   3. We will, at your request, supply authenticated copies of all the loan documents executed by you at our cost along with a copy each of all enclosures quoted in the loan document as part of disbursement welcome kit. However, reasonable charges will be levied for additional authenticated copies as per our tariff.
10. The OP in its reply has not denied application of these guidelines/commitments however has stated that the documents can be provided only when same is requested by the Complainant who has not done so and no written request was made by the Complainant for providing copy of entire loan documents to him.
11. This itself is admission on part of OP Bank and even if it is to be believed that Complainant has not made written request to the OP however when the complaint case was filed then also OP Bank had not provided the complete set of loan documents which it was under obligation to do as per Code of Bank to Customers under para 1.1 (C) and 1.1 (J). Taking the complaint case as notice in writing the OP could have provided the copies of Loan documents and has rather taken the stand that they have not received any written request from the Complainant for the same.
12. As regards the allegation of misbehavior on the part of staff of OP Bank at Raj Nagar Extension Branch with the Complainant though the Complainant has argued that the same falls under the deficiency in service on the part of OP. Complainant has relied upon certain judgments which have been considered by the Commission.
13. In view of the above this Commission holds OP Bank liable to deficiency in service in not providing copies of the loan documents to the Complainant and orders as follows:

• OP Bank to provide complete set of signed Loan documents to the Complainant at their cost in terms of Code of Bank Commitment to Customers issued by Banking Codes and Standards Banks of India.
• OP Bank to pay consolidated amount of Rs.20,000/- towards mental harassment, agony and litigation charges to the Complainant. However since no pecuniary loss has been allowed and therefore only non-pecuniary/damages are being granted & the Commission is not awarding any interest on the amount.          

This order shall be complied within 30 days from the date of receipt of the judgment, failing which OP Bank shall pay interest @7% p.a. on the above said amount from the date of judgment till the date of realization.

Copy of the Judgment be supplied/sent to parties free of cost as per Rules.

File be consigned to Record Room.

Announced on 22.11.2024.