The Complainant has filed this case alleging deficiency-in-service by the O.P, where O.P is the Branch Manager, Axis Bank Ltd., Balasore Branch, Balasore.
2. The case of the Complainant in brief is that the Complainant is a credit card holder bearing card No.4514570004199249 under the O.P and the O.P has sanctioned a loan of Rs.1,80,000/- (Rupees One lakh eighty thousand) only and such amount was credited by the O.P to the account of the Complainant on 08.12.2016. But, the card limit of the Complainant was only Rs.18,000/- (Rupees Eighteen thousand) only. Thus, the O.P accessed the E.M.I amounting Rs.4,000/- (Rupees Four thousand) only per month and directed the Complainant to pay the loan amount within 48 monthly instalments, for which the Complainant has also paid the instalments regularly. The Complainant has paid Rs.1,50,000/- (Rupees One lakh fifty thousand) only approximately till November-2018, but he has missed some of the payment slips. For the above reason, the Complainant requested several times to the O.P to provide him total payment statements, but the O.P rendered a deaf ear towards this issue. The payment slips amounting Rs.1,09,333.37 ps. (Rupees One lakh nine thousand three hundred thirty three and thirty seven paisa) only are available with the Complainant. But, still after payment of Rs.1,50,000/- (Rupees One lakh fifty thousand) only, the O.P demanded Rs.1,60,000/- (Rupees One lakh sixty thousand) only from the Complainant. Thereafter, the Complainant enquired the matter and found that he has been penalized and unwanted interest has been imposed upon the Complainant, which shows unfair trade practice by the O.P. So, the Complainant requested the O.P to give him loan statement and to close the credit card, but the O.P did not respond, rather he has threatened the Complainant to take coercive action against him, for which the Complainant has sustained mental agony. Thus, the Complainant has filed this case in this Forum for necessary relief. Cause of action to file this case arose on 26.11.2018 and on 30.11.2018. The Complainant has prayed for directing the O.P for exemption of unwanted interest levied by the O.P and to collect monthly instalments from the Complainant as per previous norms and also to provide up-to-date loan statement to the Complainant along with compensation and litigation cost.
3. Though the O.P has appeared in this case, but he has not filed his written version in this case. So, the O.P is set ex-parte and the O.P was also absent at the time of hearing of this case, but subsequently on later stage, he has filed the written argument.
4. In order to substantiate their claim, the Complainant has filed certain documents as per list, whereas the O.P has not filed any documents in his support. It has been argued on behalf of the Complainant that the O.P has sanctioned a loan of Rs.1,80,000/- (Rupees One lakh eighty thousand) only and such amount has been credited by the O.P to his account on 08.12.2016, but on perusal of the credit card loan statement filed by the Complainant, the loan amount is Rs.1,85,000/- (Rupees One lakh eighty five thousand) only. The Complainant has paid some E.M.Is amounting to Rs.1,50,000/- (Rupees One lakh fifty thousand) only as per his pleading, but the payment slips of Rs.1,09,333.37 ps. (Rupees One lakh nine thousand three hundred thirty three and thirty seven paisa) only has been filed by him. So, when there is no counter to the allegation of the Complainant as the O.P is set ex-parte as mentioned earlier, the deposited E.M.I amount should be treated as Rs.1,50,000/- (Rupees One lakh fifty thousand) only. But, the O.P demanded Rs.1,60,000/- (Rupees One lakh sixty thousand) only more from the Complainant, which is unexpected high. Thus, the Complainant has prayed for necessary relief for exemption of unwanted interest levied by the O.P and to collect monthly instalments from the Complainant as per previous norms and also to provide up-to-date loan statement to the Complainant along with compensation and litigation cost. So, when the O.P has not challenged anything about the current status and the allegation of the Complainant, it will be better for just decision of this case.
5. So, now on careful consideration of all the materials available in the case record, I am in the opinion that the O.P should receive the remaining loan amount on proper calculation on normal interest (but not on penal interest) from the Complainant and to provide up-to-date loan statement to the Complainant and the Complainant to co-operate the O.P in this regard. The O.P is also liable for payment of compensation and litigation cost to the tune of Rs.5,000/- (Rupees Five thousand) only and Rs.2,000/- (Rupees Two thousand) only respectively to the Complainant within 60 days of receipt of this order, failing which it will carry interest @ 9% per annum for the total amount of compensation and litigation cost from the date of order till realization. Hence, ordered:-
O R D E R
The Consumer case is allowed on ex-parte against the O.P with cost. The O.P is directed to receive the remaining loan amount on proper calculation on normal interest (but not on penal interest) from the Complainant and to provide up-to-date loan statement to the Complainant and the Complainant to co-operate the O.P in this regard. The O.P is also directed for payment of compensation and litigation cost to the tune of Rs.5,000/- (Rupees Five thousand) only and Rs.2,000/- (Rupees Two thousand) only respectively to the Complainant within 60 days of receipt of this order, failing which it will carry interest @ 9% per annum for the total amount of compensation and litigation cost from the date of order till realization. In case of failure by the O.P to comply the order within the stipulated time frame, the Complainant is at liberty to realise the same amount from the O.P as per law.
Pronounced in the open Forum on this day i.e. the 3rd day of December, 2019 given under my Signature & Seal of the Forum.
