Tamil Nadu

South Chennai

CC/89/2021

M.Anthony Raj - Complainant(s)

Versus

The Branch Manager, ICICI Bank - Opp.Party(s)

M.Anthony Jesurajan

23 Aug 2022

ORDER

                                                     Date of Complaint Filed : 26.04.2021

                                                     Date of Reservation      : 25.07.2022

                                                     Date of Order               : 23.08.2022

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT: TMT. B. JIJAA, M.L.,                                         : PRESIDENT

                     THIRU. T.R. SIVAKUMHAR, B.A., B.L.,        :  MEMBER  I 

                     THIRU. S. NANDAGOPALAN., B.Sc., MBA., : MEMBER II

 

 

CONSUMER COMPLAINT No.89 /2021

TUESDAY, THE 23^rd DAY OF AUGUST 2022

M.Anthony Raj,

Aged about 31 years,

S/o. S.Mariaraj,

No.6/1, Masuthi Street,

Noombal Road,

Puliyambedu,

 Chennai-600077.                                                           ... Complainant               

 

..Vs..

The Branch Manager,

ICICI Bank,

Santhome High road branch,

Bay Castle, No.30, Santhome High Road,

Chennai-600028.                                                        ...  Opposite Party

 

******

Counsel for the Complainant          : M/s. M. Antony Jesurajan

Counsel for the Opposite Party       : Exparte

 

        On perusal of records and on endorsement made by the Complainant and having treated the written arguments of the Counsel for the Complainant as oral arguments, we delivered the following:

 

ORDER

Pronounced by Member-I, Thiru. T.R. Sivakumhar., B.A., B.L.,

1.      The Complainant has filed this complaint as against the Opposite Party under section 12 of the Consumer Protection Act, 1986 and prays to refund the amount of Rs.2,60,622/-  towards excess collection amount with interest @ 12% p.a and to pay a sum of Rs.17,00,000/- towards compensation for negligent act, mental agony, financial loss hardship, damages and other charges along with cost.

2.     The averments of Complaint in brief are as follows:-

On 15-9-2017, the Complainant availed loan for his two commercial vide account No.UVCHE00036264559 and UVCHE00036263987 for Rs.7,05,000/- and Rs.11,15,000/- respectively. As per direction of the Bank/opposite party, he accepted to pay the every monthly installments (EMI) by Electronic clearing systems(ECS) for the above said loans. It is submitted that from 15-10-2017 onwards, he was paying EMI of Rs.23,980/- and Rs.37,930/- for the above said loan account No.UVCHE00036264559 and UVCHE00036263987 respectively. He  approached ICICI Bank for pre closure of above said loans. One staff from ICICI Bank/opposite party agreed for the said preclosure of loans. On 08-09-2020, due to Covid-19, the opposite party sent a message through whatsapp and sent their account details for payment of principal outstanding, late payments charges, cheque bouncing charges, interest, prepayment charges, and interest on pending installments payment etc., Rs.1,06,157.66 and No.UVCHE00036264559 Rs.1,65,707.60 and for totalling a sum of loans UVCHE00036263987 account respectively. Accordingly, he transferred the amount through NEFT which was acknowledged by the bank / the opposite party. Even after Pre-closure of the above said loans dated 8-9-2020, on 15-9-2020, 15-10-2020, 15-11-2020 and 15-12-2020, the opposite party bank have sent ECS to his bank account No.915020020011551, Axis Bank, Porur branch, Chennai and received the amount of Rs.23,980/- and Rs.37,930/- every month for the above said loans account No.UVCHE00036264559 and UVCHE00036263987 respectively. Therefore he had sent a email dated 27-12-2020 to Customercare@icicibank.com stating all the facts, seeking NOC and sought reply about previous complaint over phone vide SR.No.708147005, 708147592 dated 03-11-2020 requesting to refund the amount of Rs.2,47,640/- immediately and also informed to the Bank that otherwise legal action would be initiated against them with their cost and consequence thereon. The Opposite party has acknowledged the email and sent reply mail dated 27-12-2020 and 29-12-2020 to contact collection Manager at any nearest branch regarding the settlement of his  excess collection amount. Many times the complainant approached the opposite party in person for seeking refund of excess amount collected for the Pre-closed loans. But no response till today for refund. On 15-1-2021, again the Opposite party have received ECS payment of Rs.5,026.10 and Rs.7,956.20 from his account for the above said pre-closed loans which caused mental agony and hardship to him. He doing business for more than one crore approximately per month and paying every monthly Installments to various banks and financial institution for Rs.40 laks approximately. It is very difficult to maintain bank balance promptly but every day he is keeping up his promise and commitment without default, but the Opposite party bank negligently acting against banking norms and willfully, illegally, without any authority got his amount even after receiving his complaint dated 03-11-2020 and email dated 27-2-2020 which caused intolerable mental agony, financial loss and hardship to the complainant. Whenever he approached the Opposite party for the said amount, they replied that amount would be credited in his account within three or four days but all efforts taken by him became futile till today. The Opposite party have acted negligently and had caused mental agony and hardship to him. On 19-2-2021, he had sent legal notice to the Opposite party calling upon to refund the amount of Rs.2,60,622.00/- along with interest at the rate of 12% per annum to the complainant account No.915020020011551, Axis Bank, Porur branch, Chennai, within three days and pay a sum of Rs.20,00,000/- towards mental agony, hardship due to ill treatment, negligent act and deficiency in service caused by the Opposite party within 15 days on receipt of notice. The opposite party received the notice legal notice on 20-2-2021, neither he sent a reply nor paid any amount to the complainant. Hence the complaint.

3.  The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents Ex.A-1 to Ex.A-9  were marked.

4.    The Opposite Party did not appear before this Commission even after sufficient notice served on them and was called absent and set exparte.

5.     Points for Consideration

1. Whether there is deficiency in service on the part of the Opposite Party?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled to?

Point No.1:-

On careful reading of the Complaint and Exhibits marked in support of the Complaint, it is clear that the Complainant had availed two loans from the Opposite party Bank Vide Nos. UVCHE00036264559 and UVCHE00036263987. As the Complainant had decided to preclose the said loan accounts with the Opposite Party Bank, requested for pre-closure payment and the same was found to sent through mail by the Opposite Party as found in Page Nos.1 and 2 of Ex.A-1. Thereupon on 08.09.2020 the Complainant had made the payments through NEFT to the Opposite Party and pre-closed his above said loan accounts with the Opposite Party, the statement of accounts reflecting the payments was marked as Ex.A-2. In spite of the pre-closure made by the Complainant, the Opposite Party debited the monthly instalments from the Complainant Bank Account, for which the Complainant had registered as complaint and sent Email dated 27.12.2020 explaining the Pre-closure and deductions of amounts from his bank account and for refund of the same, as found in Ex.A-3. The Reply dated 27.02.2020 and 29.02.2020 sent by the Opposite Party Bank was marked as Exs.A-4 and A-5. Statement of Accounts of the Opposite Party from 15.09.2017 to 19.02.2021 in respect of both the Loan Accounts marked as Exs.A-6 and A-7, which reflects Principal amount Nil and Interest Nil. In spite of the Pre-closure made by the Complainant and the Opposite Party had not refunded the amounts deducted from his Bank Account, the Complainant was constrained to cause a legal notice dated 19.02.2021 to the Opposite party claiming refund of Rs.2,60,622/- with interest as well as for compensation for deficiency of service and mental agony, in spite of receipt of the same by the Opposite Party had responded, the Legal Notice dated 19.02.2021 and the Acknowledgment Card has been marked as Exs.A-8 and A-9.

On above discussions and in the facts and circumstances of the case, we hold that the Opposite Party had acted negligently by deducting the monthly instalments in spite of the receipt of loan amounts in full on pre-closure of the loan accounts of the Complainant and had not taken any steps to refund the amounts so deducted/debited from the Complainant’s Bank account, inspite of his repeated requests and demands made to the Opposite Party for refund. Therefore, we are of the considered view that the Opposite Party had committed deficiency of service and thereby had caused serious mental agony to the Complainant. Accordingly Point No.1 is answered.

In the result the complaint is allowed in part. The Opposite Parties is directed to refund a sum of Rs.2,60,622/- (Rupees Two Lakh Sixty Thousand Six Hundred and Twenty Two Only) towards excess amount collected together with interest @ 12% p.a from 27.12.2020 till the date of this order and also to pay a sum of Rs.1,00,000/- (Rupees One Lakh Only)  towards deficiency of service and mental agony and also to pay a sum of Rs.5,000/- (Rupees Five Thousand Only) towards cost to the Complainant, within 8 weeks from the date of receipt of this order, failing which the Complainant is entitled to recover the same along with interest @ 6% per annum from the date of this order to till the date of realisation.

In the result the complaint is allowed.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 23^rd of August 2022. 

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                 B.JIJAA

         MEMBER II                       MEMBER I                        PRESIDENT

 

 

List of documents filed on the side of the Complainant:-

 

Ex.A1	08.09.2020	Copy of Outstanding Payable amount for pre payment of Loan's demand letter sent by Opposite Party
Ex.A2	08.09.2020	Copy of Proof of Full Payment by complainant
Ex.A3	27.12.2020	Copy of Email sent by Complainant to Opposite Party
Ex.A4	27.12.2020	Copy of Acknowledgment E-mail by Opposite Party
Ex.A5	29.12.2020	Copy of Reply to email dated 27-12-2020 by Opposite Party - Xerox
Ex.A6	15-9-2017 To  19-2-2021	Copy of Statement of account for loan Ac. No. No.UVCHE00036264559
Ex.A7	15-9-2017 To 19-2-2021	Copy of Statement of account for loan Ac. and UVCHE00036263987
Ex.A8	19-2-2021	Copy of Lawyer's notice to the opposite parties
Ex.A9	20-2-2021	Copy of Acknowledgment card

 

 

 

 

 

 

List of documents filed on the side of the Opposite Party:-

 

NIL

 

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                    B.JIJAA

         MEMBER II                      MEMBER I                         PRESIDENT