Complaint filed on: 02-06-2017 Disposed on: 05-01-2018
BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM,
OLD DC OFFICE COMPOUND, TUMAKURU-572 101
CC.No.55/2017
DATED THIS THE 5th DAY OF JANUARY 2018
PRESENT
SMT.PRATHIBHA. R.K. BAL, LLM, PRESIDENT
SMT.GIRIJA, B.A., LADY MEMBER
Complainant: -
Dr.Ramegowda.P.B.S,
Aged about 47 years,
Medical Officer, Primary Health
Center, Chellur at post and Hobli,
Gubbi Taluk, Tumakuru District
(By advocate Sri.B.Somashekhara)
V/s
Opposite party:-
The Branch Manager,
Bajaj Fin Serve Bank,
Bajaj Finance Ltd,
Near Krishna Party Hall,
Beside Vigneshwara Comforts,
6th Cross, BH Road, Ashoka Nagar, Tumakuru Town
(By advocate Sri.M.R.Dilip)
ORDER
SMT.PRATHIBHA. R.K. PRESIDENT
This complaint is filed by the complainant against the OP, under Section 12 of the Consumer Protection Act. The complainant prays to direct the OP to repay a sum of Rs.11,625=00 along with 18% interest per annum from the date of filing of the complaint and Rs.50,000=00 along with accrued interest as compensation regarding deficiency of service and mental agony caused and return the original three blank signed cheque of complainant belongs to SBM bank Gubbi Branch along with original pay slip of complainant, Xerox copy of Adhar, pass port size photos and also along with clearance certificate regarding loan and grant such other relief as deemed fit, in the interest of justice and equity.
2. The brief facts of the complaint is as under.
The complainant is a Government Servant who is a Medical Officer in the Health Department and he had approached the OP to obtain principal loan amount of Rs.4,10,000=00 on 31-3-2015. The OP had sanctioned loan amount of Rs.4,10,000=00 by charging Rs.10,000=00 for insurance and Rs.10,000=00 for bank processing charges for monthly installment of Rs.11,621=00 through salary deduction. The complainant further submitted that, the complainant has regularly and honestly paid the loan installment was agreed under the loan agreement No.543RDL08608918.
The complainant further submitted that, on 29-10-2016 the total outstanding loan amount was Rs.2,93,478=00 and the complainant arranged the money to clear the above said loan amount under one time settlement scheme. In this regard, the complainant had approached the OP for one time settlement and the OP had agreed the same and levied accrued interest and charged about Rs.3,11,765=00. It is alleged that, thus the OP has charged exorbitant charges by violating the norms and principals ruled by the RBI Rules. Finally, the OP offered the complainant to repay Rs.3,07,151=00 as full and final settlement to clear the loan amount and the same was agreed by the complainant and the complainant was paid the above said amount to the OP on 29-10-2016 vide receipt no.244286987. The OP was fully aware of the debt due cleared by the complainant with an intelligent and malafide intention to cheat the complainant affixed their seal as 29-10-2015 instead of 29-10-2016 this itself is clearly establishes dereliction of duties and illegal trade practice. The complainant further submitted that, the complainant had cleared the entire loan amount along with interest. The complainant has no legal liability to pay any amount pertaining to loan borrowed with the OP.
The complainant further submitted that, at the time of sanctioning the loan, the OP had collected three blank signed cheques of SBM, Gubbi branch, Passport photos, salary slips and Aadhar Card Xerox as a security for the loan. After clearing the above loan amount, the complainant demanded to return the documents collected by the OP. In this regard, the OP has orally stated that, those documents are under the custody of the main branch of the OP office at Bengaluru and also intimated that they will return the same after 15 days along with clearance certificate.
The complainant further submitted that, after clearance of the loan amount, on 2-1-2017 the OP has been illegally deducted a sum of Rs.11,621=00 through the complainant’s account without notice to the complainant and the same was noticed by the complainant on 2-1-2017. Hence, the complainant has issued a legal notice dated 19-1-2017 to the OP calling upon the OP to pay back the deducted amount and issue of clearance certificate. On 8-5-2017 and the said notice was served on the OP, but the OP did not reply to the said notice. Hence, there is deficiency in service on the part of the OP. Hence, he has come up with the present complaint.
3. After service of the notice, the OP has appeared through his counsel and filed version contending interalia as under.
The OP submitted that, it is true that, the complainant had approached the OP for financial assistance. Thereafter, the complainant has furnished all the requisite documents and the OP has disbursed RS.4,10,000=00 to the complainant under the scheme –Rural Doctor Loan.
The OP further submitted that, the complainant has not paid regular installments and he was a defaulter in paying the loan installment. The OP further submitted that, the OP has clearly explained to the complainant that in pursuance of the Rs.3,07,151=00 which would be paid by the complainant, he would have to pay Rs.11,621=00 towards the overdue amount vis-à-vis the principal component, which the complainant accepted to pay within a few days after paying Rs.3,07,151=00. However the complainant did not come forward to pay the said amount of Rs.11,621=00 even after several reminders by the OP. Thereafter the complainant himself called upon the OP and requested to deduct the said amount of Rs.11,621=00 on 2-1-2017 from his account. Hence, as per the request of the complainant, Rs.11,621=00 was deducted from the complainant account. Considering the non-payment of Rs.11,621=00 the OP had not issued the NOC at the time of issuance of the receipt of Rs.3,07,151=00. The OP further submitted that, the OP had clearly explained to the complainant that the KYC documents and other documents submitted with him would be maintained in the branch at Bengaluru and the same would be used by the OP, in the event the complainant approaches the OP for financial assistance, however if the complainant express his disinterest in availing any further financial assistance from the OP, the said document would be purged/destroyed, which is the usual course of action taken by the company.
The OP further submitted that, though the complainant was aware of all the facts, he has approached this forum by falsely claiming that, the OP had wrongly/illegally deducted Rs.11,621=00 from his account, which is far from truth and the complainant by taking advantage of the receipt dated 29-10-2016 issued by the OP, he is trying to play a fraud on both this forum and the OP. Further by wrong mentioning of the date in receipt this forum can clearly see that the date has been properly mentioned in the receipt, however in the seal below, the year has been unintentionally mentioned as 2015 which is nothing but a clerical error and the issuance of another receipt is not possible as the same is a system generated receipt and the same cannot be reproduced again. Other allegations made in the complaint are hereby denied as false and the complainant is put to strict proof of the same.
The OP further submitted that, after receipt of Rs.11,621=00 from the complainant, the company has got the NOC ready. However even after repeated reminders to complainant, he has failed to approach the branch to take the said NOC. On the other hand the complainant with a malafide and evil intention to gain wrongfully and harass the OP, he has approached this forum by cooked up a false story and imaginary claim by further abusing the process of law. Hence it is prayed to dismiss the complaint with cost, in the interest of justice and equity.
4. In the course of enquiry into the complaint, the complainant and OP have filed their affidavit evidence reproducing what they have stated in their respective complaint and version. The complainant has produced documents which were marked as Ex-C1 to Ex-C10. We have heard the arguments of both parties and we have gone through oral and documentary of both side in between line and posted the case for order.
5. Based on the above materials, the following points will arise for our consideration.
- Whether the complainant has proved deficiency in service on the part of the OP?
- What Order?
6. Our findings on the above points are;
Point no.1: In the affirmative
Point no.2: As per the final order below.
REASONS
7. On perusal of the averments of complaint and objections of the OP and evidence of both parties, it is an admitted fact that, the OP has sanctioned a loan of Rs. 4,10,000=00 on 31-3-2015. For monthly installments of Rs.11,621=00 through salary deduction.
8. The contention of the complainant is that, the complainant had approached the OP for one time settlement and the OP had agreed the same and levied accrued interest and charged about of Rs.3,11,765=00. Finally, the OP had offered to pay Rs.3,07,151=00 as full and final settlement to clear the loan amount. Accordingly the complainant had paid Rs.3,07,151=00 on 29-10-2016 vide receipt no.244286987. But on 2-1-2017 the OP has illegally deducted a sum of Rs.11,621=00 from the complainant’s account without notice to the complainant. Hence there is deficiency in service on the part of the OP. To substantiate his contention, the complainant has produced receipt issued by the OP dated 29-10-2016 i.e. Ex-C2 and Account Statement of the complainant.
9. Per contra, the OP submitted that, the complainant had paid Rs.3,07,151=00 and the complainant had promised that later he will pay Rs.11,621=00. However, the complainant did not come forward to pay the said amount, even after several reminders, thereafter the complainant himself called upon the OP and requested to the deduct the amount from his SB account. Hence, the OP had deducted a sum of Rs.11,621=00 on 2-1-2017. To substantiate this contention, the OP has not produced any documents. Hence oral submission of the OP cannot be accepted.
10. Further on perusal of the receipt No.244286987 dated 29-10-2016 issued by the OP/Ex-C2, it reads as here under:
“Received with thanks from Ramegowda.P.B.S
The sum of Rs.307151 (Rupees Three Lac Seven Thousand One hundred Fifty one only)
In part/full payment FOR CREDIT TO FORECLOSURE
By cash”
11. Admittedly, the OP had issued receipt dated 29-10-2016, wherein it is clearly stated that, the complainant had paid Rs.3,07,151=00 for payment for foreclosure the same was not disputed by the OP. Thereafter on 2-1-2017 the OP had deducted the amount of Rs.11,621=00 from the complainant’s SB Account voluntarily without taking prior permission from the complainant. The OP has also not informed or noticed to the complainant about the deduction of Rs.11,621=00. Moreover, the OP had received Rs.3,07,151=00 under OTS scheme and issued a receipt on 29-10-2016 for full payment. Having received the balance amount under the OTS, the OP cannot deduct Rs.11,621=00 without the consent and approval of the complainant. Having settled all the dues under the OTS scheme, the OP has estopped from deducting Rs.11,621=00 from the complainant account. So looking to the oral and documentary evidence of complainant and comparing the same with the material evidence of OP we are of the view that the oral and documentary evidence of complainant are more believable trustworthy and acted than the material evidence of OP. As such we are inclined to come to a straight conclusion that, the complainant has proved with clear and tangible material evidence that, the OP is negligent and there is deficiency of service on the part of the OP in deducting the amount from the complainant account without taking permission. Accordingly, we answer this point in the affirmative. In the result, for the foregoing reasons, we proceed to pass the following order.
ORDER
The complaint filed by the complainant is allowed in part.
The OP is directed to pay Rs.11,621=00 to the complainant along with 9% interest from the date of deduction i.e. 2-1-2017 to till the date of realization.
The OP is further directed to issue the No Due Certificate to the complainant.
The OP is further directed to pay compensation of Rs.10,000=00 and Rs.5,000=00 towards litigation cost to the complainant.
This order is to be complied by the OP within 30 days from the date of this order.
Supply free copy of this order to both parties.
(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open forum on this, the 5th day of January 2018).
LADY MEMBER PRESIDENT
