BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.

                                                  Consumer Complaint no. 586 of 2019                                                            

                                             Date of Institution:          03.10.2019

                                                  Date of Decision    :     09.08.2021

Rajbir Singh, aged about 57 years son of Sh. Jai Karan, resident of House No.05, Bata Colony, Sirsa, District Sirsa.

               ……Complainant.

                                        Versus

State Bank of India, Branch Mini Secretariat, Sirsa through its Branch Manager/ Authorized person.

                                                                        ...…Opposite party.

  Complaint under Section 12 of the Consumer Protection Act,1986.

Before:         SH. JASWANT SINGH…………………………PRESIDENT

MRS. SUKHDEEP KAUR…………………MEMBER   

Present:        Sh. Vijay Sharma, Advocate for complainant.

Sh. R.K. Chaudhary, Advocate for opposite party.

ORDER

                    The complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 (after amendment under Section 35 of the Consumer Protection Act, 2019) against the opposite party (hereinafter referred to as Op) on the averments that complainant availed car loan of Rs. five lacs on 27.6.2018 from op on installment basis and complainant is regularly paying installments to the op bank. That op bank had wrongly deducted the amount of Rs.2950/- on 5.11.2018, 5.12.2018 and on 5.1.2019 repeatedly from loan account no.377776095135 of complainant for non supply of registration certificate of vehicle. Thereafter, complainant requested the op to refund the wrongly deducted amount but the op did not pay any heed to the request of complainant. It is further averred that after that complainant moved a written application to the op but the op neither gave any reply to the application nor refunded the wrongly deducted amount of Rs.8850/-. That despite several requests, the op is not ready to pay wrongly deducted amount of Rs.8850/- and refused to accept the genuine request of the complainant and in this way, op has caused deficiency in service towards the complainant. The complainant is entitled to refund of the above said amount alongwith interest besides compensation for harassment and mental agony. Hence, this complaint.   

2.                 Notice of the complaint was given to the opposite party. Op appeared through counsel on 6.11.2019 and sought opportunities for filing written statement including two last opportunities. However, on 3.3.2020, learned counsel for op suffered a statement to the effect that payment of the complainant has been transferred in his account and they have not to file any written version.

3.                 The perusal of the record i.e. copy of statement of account placed on file by complainant reveals that opposite party deducted three additional installments of Rs.2950/- each (total Rs.8850/-) on 5.11.2018, 5.12.2018 and on 5.1.2019 respectively on account of non supply of registration certificate. The op bank has refunded back the said amount of Rs.8850/- in the account of complainant on 26.2.2020 as is evident from copy of statement of account.

4.                 Learned counsel for op has contended that since amount of Rs.8850/- has already been refunded to the complainant, therefore complaint has become infructuous and as such same may be dismissed.

5.                 On the other hand, learned counsel for complainant has contended that op has wrongly deducted the amount of Rs.8850/- in three additional installments and for getting refund of his payment, the complainant has to file present complaint and has suffered lot of harassment. The op has not refunded the said amount in time despite his application and has only refunded the same after filing of complaint and as such he is entitled to compensation from the op.

6.                 Admittedly, the amount of Rs.8850/- has been refunded back to the complainant in his account and as such the main grievance of the complainant has already been redressed. The refund of the said amount by op clearly indicates that said amount was wrongly and illegally deducted by the op bank. So, the complainant is entitled to compensation as complainant has suffered harassment for getting refund of his amount. The end of justice would be met if the op bank is directed to pay lumpsum amount of Rs.5,000/- as compensation including litigation expenses to the complainant within a period of 45 days from the date of receipt of copy of this order. We order accordingly. In case of default by op bank to pay the said amount, the complainant will be entitled to interest @9% per annum on the said amount from the date of order till actual realization. However, op is at liberty to recover the above said amount from the defaulting official/ officer. The present complaint stands disposed of accordingly. A copy of this order be supplied to the parties free of costs. File be consigned to the record room. 

Announced in open Commission.        Member               President,

Dated: 09.08.2021.                                                   District Consumer Disputes

                                                                               Redressal Commission, Sirsa.