DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:
-ooOoo-
C.C.CASE NO. 199/2021
Pankaj Kumar Panda, aged about 51 years,
S/o – Kishore Chandra Panda, At/PO – Pathara
Via – Khallikote (R S), PS – Khallikote, Dist : Ganjam
…. Complainantt
-Vrs.-
The Manager, HDFC Bank Ltd., Business Park,
Sahidnagar, Bhubaneswar – 751007, Dist - Khurda
… Opp. Party
For the complainant : Sri Bharat .Jalli & Associates (Adv.)
For the OP. : Sri D.P.Tripathy & Associates (Adv.)
DATE OF FILING : 15/09/2021
DATE OF ORDER : 28/11/2023
ORDER
K.C.RATH, PRESIDENT
1. This is an application U/s 35 of the C.P.Act, 2019.
2. The complainant’s case in brief is that, he incurred an education loan of Rs.3,40,000/- from the OP Bank for study purpose of his son. The OP bank issued a draft of Rs.3,34,631/- to the educational institute in which the son of the complainant had to pursue his study. Due to Covid-19 pandemic, the Institution was closed. The draft was not received by the Institution and it was returned to the OP Bank. After receiving the said draft, the OP Bank intimated the complainant for issuance of a fresh draft but the complainant declined to avail the education loan. Still then, the OP started deducting Rs.3116/- towards interest from the Savings Bank account of the complainant with effect from 04/03/2020. Despite request of the complainant, the OP bank did not stop deducting the interest amount. Hence this complaint.
3. On the other hand, the OP filed written version contending therein that, the complaint is not maintainable. It is the dispute of civil nature and this Commission has no jurisdiction to entertain this complaint. It is pleaded by the OP that it has deducted the interest amount as per the terms & conditions of the agreement. The Bank has no knowledge about the fact that the draft was not encashed. On 24/05/2021 when the complainant made a representation to the OP Bank, the OP Bank came to know about this fact. The complainant has fabricated the facts of the case. There is no deficiency in service or unfair trade practice on the part of the OP. As the complaint is devoid of any merit, it is liable to be dismissed.
4 Perused the materials on record. Admittedly, the complainant had incurred education loan from the OP Bank. The OP Bank had issued a draft of Rs.3,34,631/- in the name of the educational institute in which the son of the complainant was studying. The draft could not be encashed. The fact was intimated to the OP Bank but despite that, the OP Bank started deducting interest amount from the Savings Bank account of the complainant. This Commission on 31/05/2022 directed the OP Bank not to deduct the interest amount but still then, the OP Bank continued to deduct the monthly interest amount. At least on 24/05/2021, when the complainant gave in writing that, the draft has not been encashed, the OP Bank should have stopped deducting monthly interest amount from S.B. Account of the complainant. But the OP Bank did not do so. During the pendency of the complaint petition, the OP Bank had returned Rs.1,85,664/- to the complainant. The complainant also admits it. Meaning thereby the amount deducted from the S.B. Account of the complainant, has been returned to the complainant by the OP bank. But considering the facts & circumstances of the case in entirety, this Commission finds that, the OP Bank has committed deficiency in service. When the complainant had given it in writing on 24/05/2021 that the draft has not encashed, there was no meaning in deducting the monthly interest amount from the S.B. Account of the complainant. Therefore, the complaint appears to have contained grain of truth. Hence it is ordered.
ORDER
The complaint is allowed in part on contest against the OP. The OP Bank is directed to pay interest @ 2% per annum on the total deducted amount of Rs.1,85,664/- with effect from 24/05/2021 till the date of actual payment. In the peculiar facts & circumstances of the case, no compensation for mental agony and no cost for litigation expenses. The order be complied with by the OP Bank within a period of thirty days from the date of communication of this order, failing which the complainant will be at liberty to execute the order against the OP in accordance with law.
The order is pronounced on this day the 28th November, 2023 under the seal & signature of the President and Member (W) of the Commission.
(K.C.RATH)
PRESIDENT
Dictated & corrected by me
President
I agree
(S.Tripathy)
Member (W)
Transcribed by Smt. M.Kanungo, Sr.Steno
