Tamil Nadu

South Chennai

294/2008

Dr.Rampradeep - Complainant(s)

Versus

The Manager,Customer care Division,ICICI Home Finance - Opp.Party(s)

S.Mothilal & R.Prasanth

01 Aug 2017

ORDER

                                                                        Date of Filing :   02.07.2008

                                                                        Date of Order :   01.08.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

                  TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

             DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

C.C.NO.294/2008

TUESDAY THIS  1^ST    DAY OF AUGUST 2017

 

Dr. Rampradeep,

No.5, 3^rd Canal Cross Road,

Gandhi Nagar,

Adyar, Chennai 600 020.                           .. Complainant

                                        ..Vs..

 

1.  The ICICI Bank Limited,

Retail Asset Branch,

Rep. by the Manager,

NO.46, Gandhimandapam Road,

Kotturpuram,

Chennai 600 085.

 

2. The Manager,

Customer Care Division,

ICICI Home Finance Ltd.,

First Floor,

ICICI Towers,

No.93, Santhome High Road,

Chennai 600 028.                                       .. Opposite parties.

 

 

Counsel for Complainant           :    M/s. S.Mothilal & Prashanth Rajagopal

Counsel for opposite partie-1 & 2 :    M/s. Sai Krishnan Associates.

ORDER

THIRU. M. MONY, PRESIDENT

          This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act 1986 seeking direction to furnish the statement of account and also to pay a sum of Rs.20,000/- as compensation towards mental agony and deficiency in service.

 1. The averment of the complaint in brief are as follows:

         The complainant submit that the complainant along with his wife availed housing loan of Rs.7,50,000/- from ICICI Home Finance Company Ltd., Chennai and the loan was sanctioned by sanction letter dated 20.3.2004 issued by the bank.   In the said loan application a sum of Rs.3750/- was collected from the complainant towards non refundable administrative charges.   The complainant further contended that  the loan was for a period of 10 years and EMI payable was Rs.8805/-.    So the complainant was surprised to receive a letter dated 4.2.2008 wherein it was stated that a sum of Rs.4983/- is outstanding and payable by him.   On receipt of the same the complainant replied by his letter dated 27.2.2008 disputing the above said amount claimed and further requested that he be furnished with a copy of the statement of account showing amounts paid by him till date.     Accordingly  on receipt of the complainant’s letter dated 27.3.2008, the opposite parties sent an evasive reply by its letter dated 15.3.2008.    In the said reply no answer was given to the complainant’s grievance and instead the opposite parties claimed to have sent statement  of account as requested by the complainant.     Further identical computer generated letters claiming over due outstanding amount of Rs.4983/- were also sent to the complainant on 3.3.2008 and 4.3.2008.   The opposite parties received the complainant letter dated 4.4.2008 on 8.4.2008 but have till date failed to reply to the same.    As such the act of the opposite parties clearly amounts to gross deficiency in service and thereby caused harassment, mental agony  and hardship to the complainant.  Hence the complaint is filed.

2. The brief averments in Written Version of  the opposite parties    are as follows:

        The opposite parties denies each and every allegation except those that are specifically admitted herein.   The opposite parties submit that the complainant has availed a Housing Loan for a sum of Rs.7,50,000/-.  The complainant is well aware of the tenure and the EMI payable to the 1^st opposite party and the same has been informed to the complainant in the welcome booklet supplied by the 1^st opposite party.  The complainant has executed the necessary agreement in favour of the 1^st opposite party towards the grant of the loan.    The opposite parties state that the complainant is a chronic defaulter in paying the installments due to the bank.   All the efforts are being taken by the bank in order to remind the complainant to make the installments due payable.    The Reserve bank of India has approved this practice and the 1^st opposite party is strictly adhering to the guidelines of the Reserve Bank of India.     The opposite parties submit that if at all the complainant wanted to settle the said dues, the complainant is at liberty to approach the bank in all working hours and negotiated for settlement.    The opposite parties further states that the bank is purely adopting the guidelines of the Reserve Bank of India and absolutely there is no violation whatsoever as mentioned by the complainant.  Hence there is no deficiency in service on the part of the opposite parties and therefore this complaint is liable to be dismissed.

3.      In order to prove the averments of the complaint, the complainant had filed proof affidavit as his evidence and documents Ex.A1 to Ex.A11 marked.  Proof affidavit of opposite parties not  filed and no documents  marked on the side of the opposite parties.  

4.   The point for the consideration is:  

 

Whether the complainant is entitled the copy of  statement of accounts related to loan account No.LBCHE00000738670 with compensation of Rs.20,000/- towards mental agony with cost of the complaint  as prayed for ?

5. ON POINT :

        Heard both sides.   Perused the records.    Admittedly the opposite parties  filed written version and thereafter has not come forward to file any proof affidavit and document to prove the contentions raised therein.   The learned counsel for the complainant contended that admittedly the complainant  and his wife jointly availed housing loan of Rs.7,50,000/- from the 1^st opposite party.  The loan is for a period of 10 years and EMI payable should be Rs.8805/- and also paid a sum of Rs.3750/- towards administrative charges as non refundable.  The learned counsel for the complainant further contended that the complainant is regularly paying the EMI amount without any default  but on a surprise  the opposite party issued a letter dated 4.2.2008 stating that a sum of Rs.4983/- is outstanding and should be payable by the complainant.  Immediately after the receipt of the letter the complainant sent a reply stating that there is no arrears of any EMI and the claim of Rs.4983/- is against true fact and requested to furnish the statement of account.   But the opposite party has neither sent any reply nor issued statement of account.  Hence the complainant was constrained to file this case claiming the statement of accounts and compensation of Rs.20,000/- towards mental agony.     

6.     The learned counsel for the opposite parties further contended that without filing the proof affidavit to prove the contention raised in the  written version cannot be accepted.    The learned counsel for the opposite parties contended that the complainant is a chronic defaulter in payment of EMI but there is no iota of evidence in this case.   Further the learned counsel for the opposite parties contended that claim of Rs.4983/- by way of letter dated 4.2.2008 is issued inadvertently.    Hence the opposite party has not sent any reply to the complainant.   Further the learned counsel for the opposite party contended that the claim of Rs.20,000/- towards mental agony is exorbitant.  But on a careful perusal of the entire record even after issue of letter dated 4.2.2008 and receipt of letter dated 27.2.2008 the opposite parties failed and neglected to issue the statement of accounts and regretted for the letter.    Considering the facts and circumstances of the case this forum is of the considered view that the opposite parties 1 & 2 are jointly and severally liable to issue the statement of account related to loan Account No. LBCHE00000738670 and pay a compensation of Rs.10,000/- for mental agony and cost of Rs.5,000/-  and the point is answered accordingly.  

        In the result, the complaint is allowed in part.   The opposite parties 1 & 2 are jointly and severally liable to issue the statement of account related to loan Account No. LBCHE00000738670 and pay a compensation of Rs.10,000/- (Rupees Ten thousand only)  for mental agony and cost of Rs.5,000/-  (Rupees Five thousand only)  to the complainant.

The above  amount shall be payable within six weeks from the date of receipt of the copy of the order, failing which, the said amounts shall carry interest at the rate of 9% p.a to till the date of payment.

      

  Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the  1^st  day  of  August 2017.  

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainants” side documents:

Ex.A1- 20.3.2004  - Copy of Sanction letter issued by the opposite party

Ex.A2- 27.2.2008  - Copy of letter issued by complainant.

Ex.A3-         -       - Copy of Ack. Card.

Ex.A4- 3.3.2008    - Copy of letter issued by the opposite party.

Ex.A5- 15.3.2008  - Copy of reply issued by the opposite party.

Ex.A6- 3.4.2008    - Copy of letter issued by opposite party.

Ex.A7- 4.4.2008    - Copy of rejoinder issued by complainant.

Ex.A8-        -       - copy of Ack. Card.

Ex.A9- 18.2.2008  - Copy of Statement of Account

Ex.A10- 31.3.2008         - Copy of Statement of Account.

Ex.A11- 30.4.2008         - Copy of Statement of account

 

Opposite parties’ side document: -   .. Nil..

 

 

MEMBER-I                        MEMBER-II                             PRESIDENT.