DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: BHADRAK : (ODISHA).
Consumer Complaint No. 47 of 2022.
Date of hearing : 26.09.2023.
Date of order : 28.11.2023.
Dated the 28th day of November 2023.
Mrutyunjaya Chakravarty,
S/o:-Late JatinderNathChakrabarty,
Vill/Po:-Aharpada,P.S:- Bhadrak (R), Dist:- Bhadrak.
………….. Complainant.
-:Versus:-
The Branch Manager, HDFC Bank Ltd. Bhadrak,
At:- By-pass, Gupta Complex, Po:- Bhadrak,
P.S:- Bhadrak (T), Dist:-Bhadrak . .…………Opposite party.
P R E S E N T S.
1. Sri Shiba Prasad Mohanty, President,
2. Smt. Madhusmita Swain, Member.
Counsels appeared for the parties.
For the Complainant : Sri N.C. Barik, Advocate & Associates.
For the Opp. Party : None.
J U D G M E N T.
SRI SHIBA PRASAD MOHANTY, PRESIDENT.
In the matter of an application filed by the complainant alleging deficiency of service against the Opposite Parties under Consumer Protection Act, 2019.
Fact of the case is that, Complainant had applied for a personal loan from the O.P. Bank i.e. from H.D.F.C. Bank Ltd. Bhadrak Branch to clear up a loan borrowed from Annapurna Finance Pvt. Ltd. The O.P. Bank being pleased with the proposal of the complainant agreed to give a personal loan for an amount of Rs.3,00,000/-. Accordingly the O.P. Bank sanctioned the loan vide Loan Account No. 114422079 & issued one Manager’s Cheque in favour of “ANNAPURNA-LAN-AFPL/HIL/1102-Mrutyunjaya Chakrabarty for an amount of Rs.2,09,616/- & rest Rs.90,384/- credited to the Bank account of the complainant. Annapurna Finance Pvt. Ltd for whose favour the aforesaid Cheque was issued by the O.P. Bank did not receive the said Cheque. The Cheque amount of Rs.2,09,616/- has not been withdrawn from the O.P. Bank either by Annapurna Finance Pvt. Ltd. or by the complainant. O.P. Bank has not credited the aforesaid amount to account of complainant. But the O.P. Bank without releasing the aforesaid cheque amount of Rs.2,09,616/- has charged the principal amount with its interest which is illegal & unlawful claim of the O.P. Complainant has received only Rs.90,384/- from the Bank . But without crediting Rs.2,09,616/- the O.P. Bank has been claiming Rs.2,09,616/- along with interest accrued thereon from the complainant. Complainant repeatedly requested to the O.P. Bank to cancel the Manager’s Cheque dtd.20.03.2020 but the O.P. Bank instead of cancelling the same, has been imposing the aforesaid cheque amount and interest upon the complainant. Complainant is a very poor man. Without receiving the loan amount from the O.P. Bank compelling to repay the same with its interest which is bad, illegal & unlawful trade practices by the O.P. Bank for which the complainant has been undergoing mental agony & as such complainant needs to be exempted from the payment of the cheque amount of Rs.2,09,616/- & its interest thereon. Cause of action for the case arose on dtd.16.12.2021 when the Advocate of the O.P. Bank send Demand Notice to the complainant & further on dtd.10.02.2022 when the Advocate of the O.P. Bank send 2nd Demand Notice to the complainant. Complainant has prayed to direct the O.P. that the loan amount of Rs.2,09,616/- which has been issued in shape of Manager’s Cheque, in favour of ANNAPURNA LAN AFPL/HIL/1102 Mrutyunjaya Chakrabarty dtd.20.03.2022 & its interest be exempted from the complainant. O.P. be further directed to pay a compensation of Rs.10,000/- to the complainant for negligence of service & imposition of non-credited amount. O.P. was set ex-parte on 30.07.2022. The letter of the complainant addressed to Mr Manoj Kumar Basantia, CRM, Annapurna Finance Private Limited dtd 19/04/2021, another letter of complainant addressed to OP dtd. 10/08/2021 which has been duly received by OP Bank with seal and signature, Written Report made to IIC, Bhadrak Rural dtd 27/08/2021, extract of account statement of the Complainant issued on 07/11/2023 by Annapurna Finance and advocate notice dtd. 09/11/2021 of the advocate of the complainant abundantly clearly says that the alleged Manager’s cheque has not ever been realized. The OP was very much aware but willfully putting pressure on the complainant by serving him legal notices. The OP has never replied to answer to the complainant nor did it bothered to appear before this commission even after receipt of the notice. Under these circumstances when no contrary evidence is there, this commission accepts the contentions of the complainant. There is no doubt in the mind of this commission that the OP has indulged in unfair trade practice and serious deficiency in service. The complainant is entitled to be compensated for the negligence, deficiency in service and unfair trade practice of the OP. However, it is not clear or there is no material in case record to say what happened to the rest Rs.90,384/- which was credited to the account of complainant? There is no evidence whether the complainant has repaid the same or not. The complainant only claim about the alleged Manager’s Cheque drawn in favour of Annapurna Finance Private Limited of amount Rs. 2, 09,616/-.
O R D E R.
In the result, the complaint be & same is allowed. The OP is directed to close the loan of complainant with respect to the issuance of Manager’s Cheque of Rs. 2,09,916/- in favour of Annapurna Finance (P) Ltd. with all of its accrued interests and issue ‘No Dues Certificate’ in favour of the complainant in respect of this aforesaid amount; further the OP is directed to pay Rs. 10,000/- towards mental agony and suffering which the complainant has to pass through due to the unfair trade practice, negligence and deficiency of service along with litigation cost of Rs.5,000/-. In the event the OP fails to issue ‘No Dues Certificate’ and compensation and cost to the complainant within 30 days from the date of order, it shall pay the amount with 6% interest till the date it actually makes the payment.
This order is pronounced in the open Court on this the 28th day of November 2023 under my hand and seal of the Commission.
