Karnataka

Chitradurga

CC/461/2019

Sri. B.E. Ravikumar, - Complainant(s)

Versus

The Branch Manager, - Opp.Party(s)

M.K. Lokesh

12 May 2023

ORDER

COMPLAINT FILED ON:06/08/2019

DISPOSED ON:12/05/2023

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHITRADURGA.

 

 

C.C.NO:461/2019

 

DATED: 12^th  May 2023

 

PRESENT: Kum. H.N. MEENA, B.A., LL.B., PRESIDENT

                  Smt. B.H. YASHODA, B.A., LL.B., LADY MEMBER                       

                  Sri. H.JANARDHAN, B.A.L., LL.B., MEMBER

COMPLAINANT	1). Sri B.E.Ravikumar      S/o B. Eshwarappa,      Aged about 40 years, Business,      R/o Godabanahall Village,      Chitradurga Taluk and District.     (Rep by M.K Lokesha, Advocate,)
V/S
OPPOSITE PARTIES	1). The Branch Manager,      Bajaj Finance Ltd.,      Chitradurga Branch,      Jagaluru Mahalingappa,Tower,      B.D.Road,Chitradurga.   (Rep by N.Thippeswamy, Advocate,)   2). The Manager      IDBI Bank Ltd., Chitradurga Branch,      JCR Road, Chitradurga.   (Rep by P.Leeladhara Thakur, Advocate,)   3). The Manager      Adhishwara India Ltd., Srinivasa          Mansion, Holalkere Road, Chitradurga.   (Ex-Parte)

 

:: ORDER ::

 

By Smt. B.H.YASHODA, B.A., LL.B., LADY MEMBER.

 

The above complaint has been filed by the complainant under Section 12 of Consumer Protection Act 1986 for seeking the relief/s  to direct the opponent No.1 to pay Rs.9,500 to the complainant and to pay for loss of his CBIL score and mental agony of Rs.20,000/- in total Rs.29,500/- along with interest at the rate of 24% P.A interest per annum till the date of realization within 30 days of the receipt of the order by the Hon'ble Forum and direct the opponents No.2 to pay compensation of Rs.20,000/- to the complainant for hiding cheque bounce charges in pass book entries and to pay of Rs.20,000/-towards loss of his CBIL score and mental agony in total Rs.40,000/- and for court cost and such other relief/s which the Hon'ble court deems fit to grant under the circumstances of the case in the interest of justice and equity.

 

2. The Brief facts of the complaint is as follows:-

 

        That the complaint submitted that on 03/12/2018 the complainant has purchased one Godrej Refrigerator for a sum of Rs.16,400/- and the complainant has paid advance amount of Rs.5,952/- the opponent No.3 and remaining amount of Rs.10,488/-, he obtained the loan equitable monthly installment basis from the opponent No.1, the complainant has agreed to the repaying the said amount every month for Rs.1367/- total he obtained the 8 EMI.  As per agreement the first EMI commencement on 2/1/2019 and the complaint is having savings bank account No.1241104000011015 (Customer ID No.78981974) with opponent No.2 in this regard, he was issued ESC cheques to the opponent No.1 for repaying the loan to the opponent No.1.

 

        3. Further, submitted that the complainant is unable to pay the first installment amount to the opponent No.1 to his account within 2/1/2019 in this regard the opponent No.1 has presented the ECS cheque before the opponent No.2, hence the complainant voluntarily contact with the opponent branch office on 23/1/2019 and he paid first and second installment and on that day the complainant has stated to the opponent, he will pay in future installment to the opponent office do not present the ECS cheques in future.  In this regard, the opponent has accepted the same hence, the complainant has paid the installments in the office of the OP No.1 on 07/03/2019, 18/03/2019, 19/04/2019, 20/05/2019, 17/06/2019 and 17/07/2019 and obtained receipts.  After that the complainant has visited the OP No.1's office and requested the clearance certificate with respect to the loan account, but the opponents have refused the same by stating that the bounce charges of Rs.800/- due on the complainant loan account.  In this regard, the complainant has enquired the OP No.2, bank when the said cheques are bounce, the OP N.2 has not shown the pass book of the complainant account and he issued the separate sheet for pending charges is due of Rs.9,500/- with respect the ECS cheques bounce Charges.  The OP No.1 is habit of presenting regularly without the intimation, consent from the complainant.  The complainant never instruct to the OP No.1 to present the ECS.  Due to which the collection charges were deduct from the complainant account and the OP No.2 has not shown the pass book entry also and hide the bounce charges in pass book entries.  Afterwards the complainant visited the OP No.1's office and asked for the presentation of ECS, cheques without the knowledge of the complainant, but the opponents No.1 did not replied and said the ECS process were made from the head office and the complainant should not be worried the said cheques bounce charges credited to the complainant account the company will paid to the opponent No.3. 

 

        4. Further, they will assured the complainant that they will sent the clearance certificate within 20 days to the address of the complainant.  But the OP No.1 has not sent the clearance certificate to the address of the complainant and not paid the cheque bounce charges to the OP No.2.  That due to this negligent act of the OP No.1 in presentation the cheques without intimation and without the knowledge of complainant he will loss of Rs.9500/- and the complainant was loss in CBIL score and the OP No.3 is also not intimated nor shown the pass book entries for cheque bounce charges, this act is clearly shows that the negligent act of the OP No.2 the complainant has loss of Rs.9500/- cheque bounce charges and the complainant was lost in CBIL score.  The acts of the opponents are highly illegal, harassment to the complainant mentally and financially, done unfair trade practice and deficiency in service towards the complainant so, the complainant has filed this complaint before this Hon'ble Commission.

 

        5. After registering the complaint, the Commission has issued the notice to the OPs and the same has been duly served and OPs have appeared through their counsel and filed their version / Objections.  The OP No.1 has submitted that the averments made in the complaint against the opposite party are hereby denied as false, frivolous and baseless except for the facts which admitted specifically by the OP No.1 that in the month of November 2018, the complainant purchased Godrej make Refrigerator from the dealer by availing loan of Rs.16,400/- @ % interest from the OP vide loan account No.4F6RCD96141576.  As per the agreed terms and the said loan was repayable vide 12 regular equated monthly installments (EMI) of Rs.1,367/- each out of which complainant has paid a EMI's in advance totaling to an amount of Rs.5,468/- and the balance EMI's were to be paid in 08 equal installments commencing from 2/1/2019.  The OP submits that in order to make timely repayment the complainant has issued auto debit mandate for direct deduction of the EMI's from his bank account.  As on date, the said loan amount stands active with an outstanding amount of Rs.900/- towards the bounce charges and that said fact is evident from the statement of account.  Further, the OP submits that, the complainant has not maintained sufficient balance in his Bank Account due to which to opposite party No.2 has returned the auto debit mandate for EMI's.  Therefore, bouncing and late payment charges are being levied in his loan account on all the three EMI's have been paid at a later date by the complainant, however the bouncing / late payment penalty charges have been still remain unpaid and thus the said loan account is active with an outstanding due of Rs.900/- and is evident from the statement of account.  It is further submitted that, the remaining EMI's paid by the complainant in advance.

 

        6. That the OP submits that on 30/11/2018, the complainant along with the above mentioned loan has also availed an insurance towards the group term policy vide loan account No.4F6GTL96141923 for Rs 828/- for a contract period of 08 months commencing from 2/1/2019.  That the monthly EMI to be paid is Rs.104/-.  That the total amount of EMI getting deducted from the account of the complainant is Rs.1,471/- (i.e., Rs.1367/-) towards loan availed for refrigerator Rs.104/-towards the insurance loan account).

 

        7. Further, OP No.1 submitted that, in case borrower is not maintaining sufficient balance in his /her bank account to clear the cheque / auto debit mandate issued by him towards any payment and bank is bound to return the said cheque / auto debit mandate in that case bank is charging the cheque / mandate return charges.  Likewise, in this case also the opposite party has charged and collected the EMI mandate return charges from the bank account of the complainant.  Therefore, it is clear that the said amount is not collected by the OP and complainant has no cause of action against the OP.  Further, instead of collecting the said bouncing charges from the complainant on respective bouncing dates, the complainant's banker has collected charges on later date.  That the complainant should take up the issue with the complainant's banker only and not with the OP No.1, the said complaint should be alone dismissed in this said ground.  That the OP is carrying its business and operations in full compliance with applicable law and regulations.  Under no circumstances BFL is resorting / has resorted or will ever resort to any illegal unscrupulous of unethical practices, as alleged and all such allegations are hereby specifically denied being false and baseless, frivolous and has been formulated in wrong and misleading facts and the OP No. 1 has denied all the complaint alleged averments in parawise and prays for dismissal of the complaint against the OP No1.

 

       

8. The counsel for the OP No.2 has appeared before this commission and submitted their version and submitted that the complaint filed by the complainant is not maintainable in law or an facts.

 

        9. The OP No.2 submits that the complainant had issued number of cheques to the OP No.1 in respect of the loan availed on the alleged Godrej Refrigerator purchased 3-12-2018.  That the cheques by the complainant to the opponent No.1 were bounced due to want of sufficient funds in his account.  The complainant without keeping sufficient funds in his account had issued cheques to the OP No.1 Further, submitted that this opponent Bank has followed the rules and regulation and guidelines of the Bank and as per the rules for every cheque bounce the Bank will charge ECS return charges.  That the 1^st opponent had produced the cheques 23 times and every time on the basis of insufficient funds the cheques were returned back and the ECS charges Plus GST were charged in total of Rs. 13,570/- at the rate 18% were charged from 01/02/2019 to 08/09/2019 in respect of the complainants account and the bank had recovered Rs.4,164/- from the account of the complainant and the balance ECS Plus GST charges stood at Rs.9,405-54 so, the complainant is liable to pay Rs.9,405-54 and other charges to the bank and in order escape from his liability the complainant has filed the complaint by making the false allegations, which is unsustainable in law.  Further, the OP No.2 has denied all the complaint allegations in parawise and prays for dismissal the complaint against the OP No.2 with exemplary costs.

 

        10. The complainant has examined as P.W-1 filed his Affidavit evidence and produced documents and got marked documents as Exhibit A-1 to A-4 and closed his side evidence.

 

        11. The OP No.1 examined as D.W-2 through Chief Affidavit and produced one document, marked as Exhibit B-4 and the OP No.2 examined D.W-1 through Chief Affidavit and filed documents marked as Exhibit B-1 to B-3 and closed their side evidence and the OP No.3 placed ex-parte so there is no version or Affidavit, documents on their side.

 

        12. The complainant and OP No.1 & 2 have filed their written arguments and heard the arguments.

 

13. After perusal of the complaint and evidence and all documents, produced by the complainant and OPs. The Points that arise for our consideration for decision of the above complaint are that.

 

 

1. Whether the complainant proves that he is the consumer of OPs?
2. Whether the complainant entitled to receive Rs.29,500/- along with 24% interest P.A from the OP No.1 towards loss of this CBIL score and mental agony ?
3. Whether the complainant entitled to receive Rs.40,000/-for compensation for hiding cheque bounce charges in pass book entires and CBIL score and mental agony from OP No.2 ?
4. What order?

 

       14. Our findings on the above points are as follows:

1. Affirmative.
2. Negative.
3. Negative.
4. As per final Order.

 

:: REASONS ::

15. Point No.1:- The complainant examined as P.W-1 and documents marked as Exhibits A-1 to A-3, the OP No.1 has examined as D.W-2 and the document marked as Exhibit B-4 and OP No.2 examined as D.W-1 and the document marked as Exhibit B-1 to B-3 on perusal of documents produced by the complainant as per the complaint averments, that on 3/12/2018 the complainant has purchased one Godrej Refrigerator for a sum of Rs.16,400/- and the complainant has paid an advance amount of Rs.5,952/- the OP No.3 and remaining amount of Rs.10,488/-, he obtained the loan on equitable monthly installment basis from the OP No.1 from the above facts, it is proved that the point No.1 as Affirmative.

 

        16. Point No. 2 & 3:- That on 03/12/2018 the complainant has purchased one Godrej Refrigerator for a sum of Rs.16,400 and the complainant has paid advance amount of Rs.5,952/- the OP No.3 and remaining amount of Rs.10,488/- he obtained the loan an equitable monthly installment basis from the OP No.1 the complainant has agreed to repay the said amount every month for Rs.1,367/-in total he obtained the 8 EMI.  As per agreement the first EMI commencement on 2/1/2019 and the complainant is having savings bank account No.1241104000011015 (Customer ID No.78981974) with OP No.2.  In this regard, he was issued ESC cheques to the OP No.1 for repaying the loan to the OP No.1.  That as per the terms and conditions. the complainant has not maintained sufficient amount in his account with OP No.2.  Then the OP No.1 produced ECS cheques for collection to the OP No.2 Bank.  Even then, the ECS cheques have been bounced for want of sufficient funds in the complainant's Bank account.  As per the version and Affidavit of OP No.1 the complainant has paid 2 EMI on 23/1/2019, instead of EMI, due date:02/01/2019, so there is lapse of 21 days, accordingly, bouncing charges have been levied.  Likewise, the complainant has paid EMI on 27/2/2019, instead of EMI due date:02/02/2019, EMI  got bounced due to the insufficient funds and same has been paid after a lapse of 25 days accordingly bouncing charges have been levied and further, the complainant has paid EMI on 07/03/2019, instead of EMI due date 02/03/2019 so, here also there is delay of 5 days accordingly bouncing charges have been levied.  The OP No.2 i.e., Bank has also charged Rs.500/- by claiming ECS returned charges as per Exhibit B-2 and Exhibit B-3, the OP No.2 Bank has issued endorsement to the OP No.1 for having returned cheques in 23 times by stating insufficient funds in the account of complainant.  As such, the complainant is liable to incurred the cheque bouncing charges.

 

 

        17. It is observed in the complaint, that the complainant has visited the OP No.1 office and asked about insurance of clearance certificate, but, the OP No.1 has not issued clearance certificate to the complainant eventhough, the complainant has EMI amount paid as per Exhibit A-3.  But, as per the terms and conditions the complainant not paid 1^st EMI on 2/1/2019 then the OP No.1 has produced the ECS cheque to the OP No.2 for collection, then the complainant voluntarily contact with the OP Branch office on 23/1/2019 and he paid first and second installment and that day the complainant has stated to the opponent will pay in future installment to the OP office, do not present the ECS cheques in future.   Eventhen, the complainant has not paid EMI amount within stipulated period.  As per Exhibit A-3 dated 7/3/2019, 18/3/2019, 18/4/2019, 20/5/2019 and 17/7/2019 the complainant has paid the EMI amount, but not within stipulated period i.e., 2^nd day of the every month.  Also, the complainant stated in complaint, that never instruct to the OP No.1 to present the ECS cheques to the OP No.2 Bank.  Due to which the collection charges are deduct from the complainant account and the OP No.2 has not shown the pass book entry also and hide the bounced charges in pass book entries.  But, the OP No.2 produced the details of insufficient funds as per Exhibit B-3.  It is shows that the OP No.1 & 2 have not done any deficiency in service.  As such, the point No.2 & 3 has been taken into consideration as Negative.

 

       18. Point No.4 :- As per discussed on the above points and for the reasons stated therein we pass the following.

 

::  ORDER  ::

         The present complaint filed by the complainant Under Section 12 of Consumer Protection Act 1986, against the opponents is hereby dismissed.

 

          Communicate the order to both the parties.

 

 

(Dictated to the Stenographer, typed by him, the transcript corrected, revised and then pronounced in the open commission by us on 12^th  May 2023.)

 

Sd/-                                        Sd/-                               Sd/-           

LADY MEMBER                  MEMBER               PRESIDENT

 

-:ANNEXURES:-

 

Witness examined on behalf of Complainant:

 

PW-1: Sri B.E.Ravikumar S/o B. Eshwarappa, by way of affidavit evidence.

 

Documents marked on behalf of Complainant:-

 

01	Exhibit A-1	Adishwar India Limited date:03/12/2018
02	Exhibit A-2	Copy of IDBI Bank  Pass Book
03	Exhibit A-3	Bajaj Finance Limited dated:07/03/2019

 

 

Witness examined on behalf of opponent No.2

 

D.W-1: Ganesh Mahadeva Thingalaya S/o Madhava Mendon, by way of affidavit evidence.

 

Documents marked on behalf of opponent No.2:-

 

01	Exhibit B-1	Transaction Inquiry Statement
02	Exhibit B-2	ECS charges guidelines
03	Exhibit B-3	Transaction in respect of bounced check

 

Witness examined on behalf of opponent No.1

 

D.W-2: Mr.Somaiah P.P., Authorised representative Bajaj Finance Limited, by way of affidavit evidence

 

Documents marked on behalf of opponent No.1:-

 

 

01

Exhibit B-4

Certified copy of the Statements of accounts

 

 

 

 

 

Sd/-                                        Sd/-                               Sd/-           

LADY MEMBER                  MEMBER               PRESIDENT