Date of Filing: 30.10.2008<br /> Date of Order:13.08.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 30TH DAY OF OCTOBER 2008<br /> PRESENT<br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> COMPLAINT NO: 1776 OF 2008<br /> <br /> Gurumurthy Raju,<br /> No.160/K, 19th A Main Road, <br /> I Block, Rajajinagar,<br /> Bangalore 560 010 Complainant<br /> <br /> V/S<br /> <br /> 1. The Manager,<br /> Cholamandalam DBS Finance Limited,<br /> Dare House, I Floor, No.2, N.S.C. Bose Road, <br /> Chennai-600 001, having local office<br /> Near Rajajinagar Entrance, Rajajinagar, <br /> Bangalore 560 010.<br /> <br /> 2. The Authorised Signatory,<br /> Cholamandalam DBS Finance Limited,<br /> Dare House, I Floor, No.2, N.S.C. Bose Road, <br /> Chennai-600 010. Opposite Parties<br /> <br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed under Section 12 of the Consumer Protection Act, 1986 for awarding of compensation of Rs.10,000/-. It is the case of the complainant that he had applied for a loan of Rs.1,30,000/- with the opposite party and he had furnished 4 cheques and also signed application for ECS. The representative of the Bank informed the complainant that loan application will be processed and as soon as it is sanctioned it would be informed. But as per the case of complainant he could not get the information. When the complainant checked his account with the ICICI Bank, he was shocked to know that opposite party branch has recovered first installment of loan on 5.5.2008 itself. It is the case of the complainant that before disbursement of the loan the opposite party Bank started recovery of the loan and it amounts to deficiency in service. Therefore, the complainant requested to withdraw the checks and also the amount collected as interest and compensation. <br /> 2. Notice was issued to opposite party. Opposite party put in appearance through advocate. The matter was amicably settled. Complainant submitted during the course of hearing that he has received an amount of Rs.5,590/- from the opposite party and he had also received unused cheques. As for as the payment of installment amount received by the opposite party through ECS there is no dispute. The complainant got the amount back and also the cheques. The only point for consideration is the complainant wants compensation for deficiency in service and mental agony etc.,. Taking into consideration of all the facts and circumstances of the case the first installment was recovered from the complainant on 5/5/2008 and the complainant received back the amount in the month of July-2008 that means, there was a delay of two months in making repayment. The complainant had written letter on 2/6/2008 demanding compensation and he had received reply from the opposite party on 17/6/2008. The complainant has filed his complaint by paying court fee of Rs.200/-. Complainant also engaged Advocate. Naturally the complaint has spent some money and time to pursue the case. Consumer Protection Act is enacted to safeguard the better interest of the complainant. This is an age of computerisation there should not be any delay in settling the things. Taking in to consideration the delay in making repayment or refund by the opposite party it will be just, fair and proper to order the opposite party to pay Rs.1,500/- as compensation to the complainant. In the result I proceed to pass the following:<br /> ORDER<br /> <br /> 3. The complaint is partly allowed. The opposite party is directed to pay Rs.1,500/- as compensation to the complainant within 30 days from the date of communication of this order. The opposite party is directed to pay the award amount directly to the complainant by way of D.D/cheque with intimation to this Forum. <br /> 4. Send the copy of this Order to both the parties free of costs immediately. <br /> 5. Pronounced in the Open Forum on this 30TH DAY OF OCTOBER 2008. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> <br /> MEMBER MEMBER <br /> <br /> Rhr<br />