DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 82 OF 2017
Srisha Charan Prusty,
S/O: Sridhar Prusty,
R/O: Qr. No. D/59, ITPS Township, OPGC,Banharpali,
PO/PS: Banharpali, Dist- Jharsuguda, Odisha…………….………..Complainant.
Versus
Branch Manager,
ICICI Bank, Telenpali Branch,
At: Telenpali, PO/PS: Banharpali,
Dist: Jharsuguda, Odisha……….…….………………....................... Opp. Party.
Counsel for the Parties:-
For the Complainant Self
For the Opp. Party Self
Present:- Shri Sundarlal Behera, President, Shri Santosh Kumar Ojha, Member.
Order dated 20.09.2017, Shri Santosh Kumar Ojha, Member :-
The Consumer complaint in brief is that, the complainant had availed a loan of Rs.3,84,000/- on Jewellery of 210.55 Gram on dtd. 29.04.2016 and was liable to pay interest @ 12% per annum for 12 months over the said loan. On dtd.28.04.2017 while refunding the loan amount the O.P charged interest @14% per annum. The complainant while asking on the said illegal charging of 2% per annum extra, the O.P did not turn up, hence this case.
The O.P. appeared and filed written version wherein submitted that, due to some technical error in the computer system it was charged @ 14 % and accepted that the actual rate of interest was @ 12% and further submitted that the excess amount has been refunded on dtd. 04.09.2017 to the complainant and orally prayed for dismissal of case.
Heard from the parties, perused the documents available on record. Since the O.P has accepted his fault that the excess amount of at the rate of 2% was charged due to the technical error of computer system and the legitimate excess amount was refunded to the complainant on dtd.04.09.2017 which the complainant is also agreed on the same but the complainant protested for compensation against harassment and loss of his valuable times alongwith the mental agony he suffered. The quantum of compensation is to be decided on the facts of the case as well as the level of harassment and mental agony suffered by the complainant.
It is worth noting that if the O.P could have accepted his fault in the initial stage and the extra amount charged could have refunded to the complainant then there was no any need of complainant to knock the door of the consumer Forum but it was not so happened as a result the complainant put in harassment with tortured mentally and for which he is entitled to get proper compensation.
Hence, the complaint petition is hereby allowed with direction to the O.P to pay a sum of Rs.5,000/- (Rupees five thousand) only towards mental agony, harassment including litigation costs to the complainant within 30 (thirty) days from the date of receipt of this order, failing which the O.P. shall be liable for interest @ 12% per annum on the abovementioned awarded amount till realization.
Accordingly the case is disposed of.
Order pronounced in the open court today the 20th day of August’ 2017 and copy of this order shall be supplied to the parties as per rule.
I Agree.
S. L. Behera, President S.K.Ojha, Member
Dictated and corrected by me
S.K.Ojha, Member
