Orissa

Jajapur

CC/37/2016

Eswaran Kandasamy - Complainant(s)

Versus

The Account Section incharge HDFC Bank,Jajpur Road - Opp.Party(s)

Sachidananda Rana

20 Jun 2018

ORDER

                                    DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                                               Present:      1.Shri Jiban ballav Das , President

                                                                                                 2.Sri Pitabas Mohanty, Member,

                                                                                                                                    3.Miss Smita Ray, Lady Member.                                

                      

                                                       Dated the 20th day of  June,2018.

   C. C. Case No. 37/2016.

Eswaran Kandasamy, S/O S. Kandasamy,

At, 1/403, North Street, Pallapatti, Sivakasi,

Virudhunagar District Tamilnadu-626130.

At Present-1003, Asina Plot, Dhabalgiri, Jajpur Road,

Jajpur District, Odisha-755019.                                                           ………….Complainant.

                                    (Versus)

1. The Account Section in-charge,

H.D.F.C. Bank, Jajpur Road, Jajpur, Odisha-755019.

2. The Branch Manager,

H.D.F.C. Bank, Jajpur Road, Jajpur, Odisha-755019.

3. Head Corporate Office,

H.D.F.C. Bank 1^st Floor, C.S. No. 6/242,

Senapati Bapat Marg, Lower Parel, Mumbai-400013.                                         …….O.Ps

 

 For the Complainant:                                 Sri  S.N. Rana , Advocate.

For the Opp.Parties : No.1 ,2 and 3             Sri  M.K.Panda, A.C.Pradhan, R.K.Panda,

                                                                    Sri  S.R.Sathpathy, Advocate.        

                                                                                                                              Date of order:   20 .06.2018.

SHRI   PITABAS  MOHANTY, MEMBER   .               

                        The petitioner has filed the present dispute alleging not only deficiency in service but also unfair trade practice on the part of the o.ps .

                     The fact relevant as stated by the petitioner  in the complaint petition is  that the petitioner is a salary account holder of  HDFC bank. The petitioner borrowed a personal loan amounting to Rs 2 lakh and  Rs. one lakh from HDFC bank on dt 7.4.11 and 15.9.12 vide loan account no.18468562 and 22359697   .The borrower agreed  to pay the loan amount with interest at the rate of 18% at the time of signing of agreement .That the borrower actually got Rs.1,94,248  and Rs.96,295/- instead of Rs.2,82,000/- and Rs.1,42,272/-  .The petitioner agreed to repay the loan amount along with interest Rs.2,82,000/-  and Rs.1,42,272/- by  48 equal installments  .  The EMi was fixed at  Rs.5875 and Rs.2964/- per month .  As per agreement the  O.P had  withdraw  the installments  from the petitioner’s  salary account .  In case of  any delay for payment of EMi as per agreement the O.P is entitled to the late fee @ 2% on installment amount but the O.Ps wrongly withdrawn  Rs 14,028 / from  the loan A/C No.  22359697 and Rs.12,651 from  the loan A/C  No .18468562 . The O.Ps   had withdraw Rs. 5790/ as return charges  .  The  HDFC bank personnel should  not fix  any separate date in the month  for payment of  the installments and when the HDFC, bank  personnel were   approached about the  date of installments  to pay the  installment without giving any reply,    they collected   the delay  payment charges  .   

            There are three  blank cheques which  are given by the petitioner for security purpose ( 2 loans 6 cheques ) .The petitioner has  observed that bank personnel  has taken  much more money from his salary account by  charging  late  fee, cheque return charges, bounce  charges ,return charges over due charges.

The HDFC bank personnel   have  approached  to the petitioner to make some savings  policy  but the petitioner refused for the same but subsequently accepted  5 year policy  . But the bank personal made the same for  10 years and withdrew an  amount of Rs.20,000/-  from his account from 08.09.2011   and  when the documents are received by the petitioner ,it was made for 10 years policy . The instruction was to raise  within 15 days  it can be cancel or modified  . Thereafter the petitioner approached to the bank personnel but the bank personnel told  please wait 5 to 10 days for cancellation of policy . After few days bank personnel  told the petitioner  that the policy   can be cancel at   Head office, Cuttack .  .As per advice of the Head office ,Cuttack  the petitioner  send  some documents by e-mail   but   till date neither the policy was cancelled  nor returned the O.P the   money

of Rs. 20,000/-.  Accordingly the petitioner has  filed the present dispute with the prayer to direct the O.Ps  to return the excess amount which are wrongly withdrawan from  the salary account of the complainant .                       .

            Though the  notices  was duly served on the O.Ps but  the o.ps   neither have appeared and filed the written version within stipulated time given by this fora  .Hence the O.Ps have been   set-exparte on 12.06.17  . The O.Ps  filed a petition  on 08.11.17 to setting a side the order dt  12.06.17 which  is not acceptable as per law  in view of observation of Hon’ble Supreme Court reported in 2012 (1)CPR-78-SC .

On the date of hearing we heard the argument . After perusal of the record and documents in details  we are inclined to our dispose of the dispute as follows .

It is undisputed fact that the petitioner is a salary account holder  . The petitioner  also borrowed two personal loan from the O.Ps . It is also a fact that  as per allegation  of the petitioner the o.ps   have taken the money from his salary account by way of  late  fee, cheque return charges, bounce  charges ,return charges over due charges  .

  Further the O.Ps also have  withdrew  Rs. 20,000 / from the salary account of the complainant for some savings policy . The petitioner  dispatched  the document by email to the authority of the O.Ps but the O.Ps  neither cancelled  the policy nor returned  the amount of Rs.20,000/-.

            On the other hand neither the O.Ps  have appeared nor filed any written version in specific time fixed by this Fora for which  we are constrained to accept the uncontroverted statement mentioned by the petitioner  in the complaint petition against the ops as per observation  of Hon’ble Odisha  State Commission reported in 2003-CLT-Vol-96-p-15 .C.D.Case No.37/02  wherein it is held that:

In absence of written version by the O.P, the  Commission is bound to accept the uncontroverted statement of the complaint petition.”

And

2013(1)CPR-507-N.C ,wherein  it is held that:-

            “In case written version not filed after several opportunity,   it has no defence on merit.”

Accordingly it is our considered view In case written version not filed after  several opportunity  it is presumed that there is no defence on merit  in view of the above observation   of Hon’ble National Commission reported in 2013(1) CPR- 507-N.C   and regarding DPC we reliance with the observation of Hon’ble Supreme court and Odisha High Court on the interest matter that O.Ps are entitled to charge DPC on delay payment installments but such charging DPC can not be more than 9% as per observation of Honble High court vide W.P(C)  no.17720/2008 since it is contrary to constitution on bench of Supreme  court reported in AIR-2001-3095-(SC ) . Accordingly  we are inclined to hold that the o.ps are not only committed  patient deficiency in service  but also unfair trade practice .

Hence this Order

The dispute is  allowed against the O.Ps .The O.Ps are directed to return the amount illegally debited from the salary account of the petitioner along with the money taken for  saving policy amount  if it was cancelled in time  as per law within one month after receipt of this order ,failing which the petitioner can take steps as provision of C.P.Act .

               This order is pronounced in the open Forum on this the 20th  day of June,2018. under my hand and seal of the Forum.