IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA
Wednesday the 10th day of November, 2021
Filed on 03.09.2019
Present
1. Sri.S.Santhosh Kumar.BSc. LLB(President)
2. Smt. C.K.Lekhamma. BA,LLB(Member)
In
CC/No.226/2019
Between
Complainant:- Opposite parties:-
Smt. Sumangala Sasidharan M/s Kotak Mahindra Pvt. Ltd
D/o Sasidharan Represented by its Divisional
Dudu Cottage, Ennakadu Muri Manager, 5th Floor,
Ennakadu Village, Chengannur Payyilkohinoor Arcade
Thaluk, Alappuzha-689 624 Sankranthi Junction
(Adv. Sri. M.G.Reshu) Kottayam-686 028
(Exparte)
O R D E R
SMT. C.K.LEKHAMMA(MEMBER)
Facts of the complainant’s case in brief are as follows:-
The complainant availed a vehicle loan from the opposite party to the tune of Rs.6,00,000/-(Six lakh only) on 21/11/2013. The loan was granted under the loan account No.CF-9795534(CRN-39069958) by the opposite party. The repayment pattern was fixed as sixty monthly installments amounting to Rs.13,200/- on every month as EMI remittance.
The complainant’s husband is a chronic cardiac patient and taking absolute rest after attack of paralysis. Hence the complainant requested to receive the monthly installments directly from her residence if any difficulties unexpectedly take place in the bank transaction of her saving bank account. The opposite party made assurance to the complainant that their collection agent, who are employed in Chenganoor and Mavelikkara area would approach the complainant at her residence to collect the installments without any fail. Believing the words and representation from the part of the opposite party, the complainant agreed to avail the loan facility as mentioned above. Accordingly, the complainant started the remittance of the monthly installments from 10/12/2013 onwards. The complainant effected the installments promptly without any default except the last two installments nearing the loan maturity date of October 2018. Thus, there occurred default in the month of September and October 2018. The complainant was unable to remit the said installments for the last months because of the unexpected and critical stage of her husband. The complainant and her husband were forced to stay at the hospital for about two months. In the end, the complainant’s husband succumbed to his disease after discharged from the hospital. Besides, due to the deluge that occurred in the midst of August 2018, the complainant’s family along with other residents happened to shift their residences to the relief camps. In such a situation, the complainant could not remit the last two installments directly to the collection agent from her residence.
Thereafter, the complainant approached the opposite party at their office in the month of November 26th 2018 offering the defaulted payment of two installments and the extra charges thereon prescribed by the opposite party. The opposite party then demanded the complainant to remit an amount of Rs.1,27,000/- in total in order to close the loan liability. The opposite party further declared that unless the amount so demanded is not remitted, the complainant’s status in the bank transaction will be included in the CIBIL. Thus the opposite party out rightly rejected the acceptance of the last two installments and thereby demanded an exorbitant amount of Rs.1,27,000/- on that occasion to which the complainant was not amenable.
Subsequently, the complainant on verification of her bank transaction, it found that the outstanding amount due from the complainant in respect of the defaulted installments showed Rs.37,503/- and the A/c status was seen included in the CIBIL without any intimation or prior notice to the complainant. The complainant felt much depression and mental pain towards the untoward act on the part of the opposite party. When the complainant made further enquiry, it understood that the opposite party has charged and realized an amount of Rs.40,000/- towards cheque bouncing charges from the opposite party and also an amount of Rs.21,000/- as extra payment on various occasions during the remittance of the monthly installments. Thus, the opposite party charged an amount of Rs.61,000/- in total as excessive and additional payment from the complainant amounts to the unfair trade practice on their part. Hence, the complainant is entitled to get the said amount of Rs.61,000/- with interest.
There was not any willful negligence or latches on the part of the complainant in the prompt payment of the EMI at the fag end of the maturity. The defaulted installments would come only Rs.37,520/- as seen in the loan status to close the liability. The opposite party is bound to receive the said amount and close the loan transaction with the complainant. But, the opposite party is demanding an amount of Rs. 1,27,000/- from the complainant as the final payment for the closure of the loan transaction. The intention of the opposite party is nothing but to charge and obtain an exorbitant amount from the complaint. The said acts of the opposite party amounts to an unfair trade practice causing deficiency in service on their part to the complainant. Besides, due to unauthorized and illegal act on the part of the opposite party by placing the loan transaction of the complainant in the CIBIL status, the complainant was put to irreparable injury and loss. As a result of which the complainant was deprived of getting the flood relief benefits being granted by the Government of Kerala and other flood related organizations. Hence, the complainant was put too much mental agony and monitory loss on various counts for which the opposite party is liable to compensate for the same. Hence the complainant approach this Commission for following reliefs.
1. To pass an order directing the opposite party to receive an amount of Rs.37,503/- (Rupees Thirty seven thousand five hundred and three only) and thereby to close the loan transaction with the opposite party.
2. To pass an order directing the opposite party to refund the amount charged excessively towards the head of cheque bounce charge of Rs.40,000/- (Forty thousand only) and Rs.21,000/- (Twenty one thousand) towards extra payment on various occasions during the remittance of the monthly installments with interest at the rate of 12% per annum from the date of the petition.
3. To direct the opposite party to pay compensation for mental agony and unfair trade practice causing deficiency in service on the part of the opposite party.
2. Points for consideration are as follows:-
1. Whether the complainant is entitled to get any relief from the opposite party?
2. Relief and cost if any?
3. The complainant filed proof affidavit and Ext.A1 to A3 were marked. The opposite party remained absent even after the receipt of Notice. We have heard the complaint.
4. Point No.1:-
Ext.A1 is the Trans Union CIBIL statement dtd. 10/4/2019, Ext.A2 series are bills and Ext.A3 dtd. 26/6/2017 is the statement of account issued by the opposite party.
The facts of the case is that the complainant availed a vehicle loan from the opposite party to the tune of Rs.6,00,000/- (Six lakh only) on 21/11/2013. The loan repayment pattern and installments are mentioned in Ext.A3 statement of account. In which it is revealed that EMI is fixed as Rs.13,200/-. The loan tenure started from 10/12/2013 to 10/10/2018. The complainant alleged that eventhough she effected installments promptly from 10/12/2013 without any delay except the last two installments, nearing the maturity date of 10/10/2018. But the opposite party had charged and realized an amount of Rs.40,000/- towards cheque bouncing and an amount of Rs.21,000/- as extra payment on various occasions from the complainant. When the complainant approached them to close the loan after receiving the amount mentioned in Ext.A1, but they demanded exorbitant amount for closing the loan transaction.
On perusal of Ext.A1, statement it reveals that the due date of EMI is on 10th day of every month. According to the complainant the opposite party orally agreed that if any difficulty occurs for remitting the installment their collection agent would approach the complainant and collect the installment without any fail. Ext.A2 series receipts (20 in numbers) are the Agency Payment Receipts. The complainant alleged that though she paid installment through the agent the opposite party had realized cheque bouncing charges as well as received other extra payments. As per Ext.A3 even though the opposite party received over due interest and other receivables from the complainant yet they had collected cheque bouncing charges also. The cheque bouncing charges comes at Rs. 28,012.00/- as per Ext.A3. There is no authenticating evidence before us that opposite party received Rs. 41,458/- as cheque bouncing charges as per Ext.A2 hand written statement by the complainant. But it is evident from Ext.A1 that the remaining instalments were paid by the complainant, except two installments are remained unpaid.
Ext.A3 statement is upto June 2017. The loan maturity date is 10/10/2018. The complainant pleaded that she did not pay last two installments. The same is reflected in Ext.A1 dtd. 10/4/2019 CIBIL statement, it is mentioned that the last payment date was on 4/8/2018 and the overdue shown as Rs. 37,507/-.
There is no contrary evidence before us to disbelieve the complainant. The evidence of the complainant remained unchallenged. The opposite party was given sufficient opportunity to convince their part but they reluctant to appear before the commission even after the receipt of notice.
In view of the above we are of the opinion that complainant is entitled get refund Rs.41,458/- received as cheque bouncing charges as per Ext. A2 statement by the complainant, the said amount is round up as Rs.40,000/- from the opposite party with interest. The opposite party is also liable to close the loan transaction by receiving the overdue amount of Rs.37,507/- with interest from the last payment date 4/8/2018 as shown in Ext.A1 , from the complainant .
In the facts and circumstances of the case we are not ordering any compensation but the complainant is entitled to get cost of the proceedings from the opposite party since they ought to have settled the dispute at the very outset.
Point No.2:-
Accordingly, we allowed the complaint in part and direct as follows.
1. The opposite party is liable to refund Rs. 40,000/-(Rupees Forty thousand only) with interest @ 8% per annum from the date of complaint till realization.
2. The opposite party is directed to close the loan transaction by receiving the overdue amount of Rs.37,507/-(Rupees thirty seven thousand five hundred and seven only) with interest @ 8% per annum from 4/8/2018 till the date of payment from the complainant.
3. The opposite party is liable to pay Rs.3000/- (Rupees Three thousand only) towards litigation cost to the complainant.
The order shall be complied within one month from the date of receipt of this order
Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in open Commission on this the 10th day of November, 2021.
Smt. C.K.Lekhamma(Member)
Sri.S.Santhosh Kumar(President)
Appendix:-Evidence of the complainant:-
Ext.A1 - Trans Union CIBIL statement dtd. 10/4/2019
Ext.A2series - Bills
Ext.A3 - Statement of Account dtd. 26/6/2017
Evidence of the opposite parties:- Nil
///True Copy ///
To
Complainant/Oppo. party/S.F.
By Order
Assistant Registrar
Typed by:- Br/-
Compared by:-
