IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 23rd day of September, 2013.
Present : Sri. Jacob Stephen (President)
Smt. K.P. Padmasree (Member)
C.C.No. 92/2013 (Filed on 01.07.2013)
Between:
L. Koshy,
Prince Cottage,
Manakala.P.O.,
Adoor, Pathanamthitta,
Pin – 691 551.
(By Adv. T.S. Radhakrishnan Nair) …. Complainant
And:
1. The Branch Manager,
HDFC Bank Ltd.,
Aban Arcade, Ward No. IX/11281,
Kumbazha,
Pathanamthitta – 689 645.
2. The Chairman/Managing Director,
HDFC Bank Ltd.,
HDFC Bank House,
Senapati Bapat Marg,
Lower Parel (West),
Mumbai – 400 013. …. Opposite parties
O R D E R
Smt. K.P. Padmasree (Member):
Complainant filed this complaint against the opposite party for getting a relief from the Forum.
2. Brief facts of the case is as follows: 2nd opposite party is a Limited Company doing banking business all over India in the name and style HDFC Bank Ltd. 1st opposite party is the Manager of the Pathanamthitta Branch. Complainant had an auto loan vide A/c.No.03091530018361 for Rs. 3,10,000/- started from 16.09.2011 which will be closed on 07.08.2016 for which monthly payment of Rs. 7,052/- has been paying regularly without default. As on date 22nd instalment is over. During May 2013, the complainant noticed and ascertained that the 1st opposite party has deducted Rs.4,895/- from the complainant’s account without any authority during the period of the first 21 months on different dates. Complainant has remitted all instalments in correct date and not a single instalment is paid after due date.
3. Complainant is a customer of the opposite parties and he cannot afford to suffer such a huge loss due to service deficiency on the part of the opposite parties. As per Reserve Bank norms, the relationship between a customer and bank is service oriented and there cannot be any hidden transaction without the knowledge of the customer.
4. The act of the opposite parties caused financial loss and mental agony to the complainant. Hence opposite parties are jointly and severally liable for compensating the complainant for the losses sustained to him. An advocate notice dated 15.05.2013 was issued to the parties demanding to rectify the mistake. But so far they have not turned up. Hence this complaint for getting the deducted amount of Rs.4,895/- along with cost and compensation of a total amount of Rs.50,000/- for their deficiency in service.
5. In this case, even after receiving the notice from this Forum opposite parties has not turned up and hence they are declared as exparte.
6. On the basis of the allegation in the complaint, the only point to be considered is whether this complaint can be allowed or not?
7. The evidence of this case consists of the proof affidavit filed by the complainant and Exts.A1 to A7. After closure of evidence, complainant was heard.
8. The Point:- The allegation leveled against the opposite parties is that the complainant had taken an auto loan of Rs.3,10,000/- from the opposite parties starting from 2011 which will be closed during 2016 for which monthly instalment is Rs.7,052/-. Complainant has remitted the monthly instalment amount regularly without any default. After the payment of the 22nd instalment complainant noticed and ascertained that the opposite party has deducted Rs.4,895/- illegally from the complainant’s account without complainant’s consent and without intimation. According to the complainant, the above said act of the opposite parties is a clear deficiency in service, which caused financial loss and mental agony to the complainant and opposite parties are liable to the complainant for the same.
9. In order to prove the case of the complainant, complainant filed proof affidavit along with 7 documents, which is marked as Ext.A1 to A7. Ext.A1 is the copy of legal notice dated 15.05.2013. Ext.A2 and A2(a) are the postal receipts of Ext.A1. Ext.A3 and A4 are the postal acknowledgment cards of Ext.A1. Ext.A5 is the statement of account of the complainant from 01.04.2012 to 17.04.2013. Ext.A6 is the payment schedule of the loan account of the complainant from 16.09.2011 to 07.08.2016. Ext.A7 is the auto loan disbursement intimation to the complainant dated 27.09.2011.
10. From the available evidence, it is seen that an auto loan is sanctioned to the complainant by the opposite parties and its repayment started from 16.09.2011 and it is still continuing without any default. However on a perusal of Ext.A5 statement of account many recoveries are made by the opposite parties for different amount. According to the complainant, the said recoveries/debits are illegal as he is not a defaulter for any instalments. Complainant brought this matter to the notice of the opposite parties vide Ext.A1 notice. But they have not responded to the said notice in spite of receiving the said notice. Complainant being a customer of the opposite parties and opposite parties being a service provider, opposite parties are bound to respond to the notice issued by the complainant. What prevented them to issue a reply to the complainant if the alleged recoveries/debits are legal and genuine. The non response in this regard by the opposite parties itself shows that the said debits/recoveries are illegal which itself is a deficiency of service. Further they have not appeared before this Forum inspite of the notice of this Forum issued on the basis of this complaint which resulted in declaring them as exparte. Since opposite parties are exparte, the allegations against the opposite parties stands proved as unchallenged. Therefore, we find that the recovery of Rs.4,895/- by the opposite parties is an illegal act and hence this complaint is allowable.
11. In the result, this complaint is allowed thereby opposite parties are directed to return the illegally recovered amount of Rs.4,895/- (Rupees Four Thousand Eight hundred and ninety five only) and its interest at the rate of 10% per annum from the date of filing of this complaint to this day along with compensation of Rs.10,000/- (Rupees Ten Thousand only) and cost of Rs.1,000/- (Rupees One Thousand only) to the complainant within 15 days from the date of receipt of this order, failing which complainant is allowed to realize the whole amount ordered herein above with 12% interest per annum from today till the whole realization.
Declared in the Open Forum on this the 23rd day of September, 2013.
(Sd/-)
K.P. Padmasree,
(Member)
Sri. Jacob Stephen (President) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1 : L. Koshy
Exhibits marked on the side of the complainant:
A1 : Copy of legal notice dated 15.05.2013 issued by the complainant
to Opposite parties.
A2 and A2(a) : Postal receipts of Ext.A1.
A3 and A4 : Postal acknowledgment cards of Ext.A1.
A5 : Statement of account of the complainant from 01.04.2012
to 17.04.2013.
A6 : Payment schedule of the loan account of the complainant from
16.09.2011 to 07.08.2016.
A7 : Auto loan disbursement intimation letter dated 27.09.2011.
Witness examined on the side of the opposite parties: Nil.
Exhibits marked on the side of the opposite parties: Nil.
(By Order)
(Sd/-)
Senior Superintendent.
Copy to:- (1) L. Koshy, Prince Cottage, Manakala.P.O., Adoor,
Pathanamthitta, Pin – 691 551.
(2) The Branch Manager, HDFC Bank Ltd., Aban Arcade,
Ward No. IX/11281, Kumbazha, Pathanamthitta – 689 645.
(3) The Chairman/Managing Director, HDFC Bank Ltd.,
HDFC Bank House, Senapati Bapat Marg, Lower Parel (West),
Mumbai – 400 013.
(4) The Stock File.
