Orissa

Jajapur

CC/81/2014

Eswaran Kanda Samy - Complainant(s)

Versus

The Branch Manager HDFC Bank - Opp.Party(s)

Sachidananda Rana

21 Sep 2015

ORDER

IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

 

                                                                         Present:  1.Shri Biraja Prasad Kar, President,

                                                                                                2.Sri Pitabas Mohanty, Member,

                                                                                       3.Miss Smita Ray, Lady Member.

 

Dated the 21st day of September,2015.

C.C.Case No.81 of 2014

 

Eswaran Kanda Samy, S/O Late Kanda Samy

At.1/403, North Street pallopatti, siva Kasi

P.O.Madurai, Dist.-Virudhunagar,

Tamil Nadu at present -1003,Asina Plote

At.Dhabalgiri, P.O/P.S-Jajpur Road,

Dist.-jajpur.                                                                                                                                ………Complt.

                                                            Versus.

 

1. The Branch Manager,H.D.F.C,Bank,By pass Chowk

    At/P.O/P.S-Jajpur Road, Dist.jajpur.

2.The Manager H.D.F.C Bank, cards Division, P.O Box # 8654

    Thiruvanmiyur, P.O-Chennai

3.The Manager, H.D.F.C Bank Ltd,New  Bldg “A” Wing 2^nd floor

    26-A Narayan Properties, Chandivali Farm Road Off Saki

    Vihar Road, Chandivali, Andheri (East) Mumbai.

                                                                                                                             …………………..Opp.Parties.

For the Complainant:              Sri S.N.Rana, Advocate.

For the Opp.Parties:                  Sri .K.Panda,S.Dehury,A.C.Jena,

                                                      Sri D.N.Jena,R.K.Panda,Advocates.                                                                                                                                                                               Date of order:      21. 09. 2015.

SHRI  PITABAS  MOHANTY, MEMBER .

                        The petitioner has filed the present dispute against the O.Ps. alleging deficiency in service as well as unfair trade practice due to the O.Ps. illegally  have demanded excess interest to the petitioner.

                        The fact as stated by the petitioner in the complaint petition shortly are that the petitioner is a credit card holder under the O.Ps.. The petitioner borrowed a credit card loan amounting to Rs. 33,288.73  paisa from O.P. no.1 on  dt. 06.12.2013. That after availing the loan

the complainant  has paid totally a sum of Rs.13030 /- to the O.P no.1 against the above loan amount in   different dates i.e from 3.12.2023 to 17.07.14.

                        That now the O.Ps. are demanding Rs.49,538.44 paisa to the petitioner which is illegal. The petitioner also has alleged that now  illegally demanded @37.8% as excess interest which is violation to the contract though the petitioner is ready to give only actual interest to the O.Ps. But the O.Ps. illegally are demanding  higher interest as late payment fess and over limit fess. In this situation the petitioner has requested several times to the O.Ps to withdraw the excess interest as well as not to charge  the late fee and over limit fee but the O.P no.1 without paying any heed to  the request of the petitioner, on the other hand the O.P.no.1 have taken the signature of the petitioner in some blank form and it is now suspected that the O.Ps. might have used such papers for their illegal satisfaction / purpose .

                        Accordingly the petitioner has filed the present dispute with the prayer to direct the O.Ps. to withdraw the excess interest which has been  demanded  by O.P no.1 as well as exempt the late fee and over limit fee and to  award compensation of Rs.50,000/- for mental agony and litigation expenses.

                        After notices the O.Ps. though have appeared on 08.01.2015 but subsequently fells to file written submission in time inspite of several opportunities ,for which on dt.23.04.2015 they have been set expartee.

                        In view of the above narrated situation we have perused the record along with documents filed from the side of the petitioner in details. After perusal of the record it is cristal clear that the petitioner availed a credit facility from the O.Ps. and the money receipt filed from the side of the petitioner clearly go to establish  that he has repaid Rs.13030/- on difference dates .

                        During to the above factual aspects though it is the liability of O.Ps to clarify to the petitioner  in which way they have  demanded 37.8% as  excess interest and late fee and over limit fee . But as observed after appearance on 08.01.2018 the O.Ps. did not file the written version till 23.04.2015. Accordingly we are inclined to hold that the O.Ps. have no defence on  merit  in the  present  dispute as  per  observation of  Hon’ble National Commission

reported in 2013(1) CPR-507-N.C(Mahindra & Mahindra vrs. Vivendra Singh) .Similarly it is also the duty of the petitioner to prove his own case with relevant documents. In this present  case , it is observed that the petitioner is a defaulter. In the present case  against the credit loan credit limit has been fixed when a borrower has withdraw more than maximum limit  it is the mandatory duty of the borrower to repay the loan amount in specified period. Otherwise the petitioner is bound to pay excess interest and late fee charges with over dues charges. But such excess interest / delay payment charges should not exceed 9% as per observation of  the constitution bench  of Hon’ble Supreme Court reported in AIR-2001-3095(S.C).

                        Accordingly in view of the above observation from our side we accept the un-controverted statement of the complaint petition as per observation of Hon’ble Odisha State Commission reported in 2003-CLT-Vol-96-p-15  and it is also clear that both the parties are jointly and severally liable for the alleged occurrence and as such without drawing any adverse inference we dispose of the dispute as per the direction given below.:

                                                                        O R D E R

                        In the result the dispute is disposed of . The O.Ps. are directed to re-calculate only the excess interest / A.F.C/ D.P.C charging @ 9% interest instead of 37.8% per annum and after re-calculation the statement of out standing amount shall be served to the petitioner by R.P with A.D within one month after receipt of this order.

                        The petitioner is also directed to repay the revised outstanding dues within one month ( 30 days) after receipt of the outstanding statement from the O.Ps. against the  credit loan . No cost.        

                        This order is pronounced in the open Forum on this the 21st day of September ,2015. under my hand and seal of the Forum.

                                                                                              

                                                                                                             (Shri Pitabas Mohanty)                                                         

 (Shri Biraja Prasad Kar )                                                                                Member.                                                                      

            President.                                                                    Typed to my dictation & corrected by me

                                                                                   

                                                                                       

 (Miss Smita Ray)                                                                                 (Shri Pitabas Mohanty)                                                         

       Member.                                                                                                  Member.