DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC- 32 of 2019

 

1. Shri Gopal Saha,

S/O. Sri Khitish Ch. Saha,

Milan Chakra, Badharghat,

P.S.- A. D. Nagar, Agartala,

Dist.-West Tripura, Pin-799003.…..................................................................Complainant.

 

-VERSUS-

 

1. The Managing Director,

HDFC Bank Ltd.,

HDFC Bank House,

Senapati Bapat Marg,

Lower Parel(West),

Mumbai-400013.

 

2. The Manager,

HDFC Bank Ltd.,

Rukminigaon Branch, 

AP Tower, 2nd Floor,

GS Road, Guwahati,

Assam, Pin-781022.

 

3. The Manager, 

  HDFC Bank Ltd., Agartala Branch,

Netaji Subhash Road, Agartala,

West Tripura, Pin-799001........................................................................... Opposite parties.

 

     __________PRESENT__________

 

 SRI BAMDEB MAJUMDER

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL FORUM,

      WEST TRIPURA, AGARTALA. 

 

SRI UMESH DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

SMT. Dr BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

C O U N S E L

 

For the Complainant : Sri Rupak Das,

  Sri Debal Saha,

  Advocates.

 

For the O.Ps.  : Sri Mridul Kanti Arya.

  Advocate.  

 

JUDGMENT  DELIVERED  ON :  17/12/2019

 

J U D G M E N T

          The Complainant Sri Gopal Saha, set the law in motion by presenting the petition U/S 12 of the Consumer Protection Act, 1986 complaining deficiency of service by the O.Ps.

Complainant's case, in brief, is that the Complainant in order to purchase a two wheeler(Hero Achiever) obtained loan for an amount of Rs.44,154/- on 25/04/2015 from the O.P. HDFC Bank, Agartala Branch vide  loan account No.32360458. As per the loan agreement the complainant had to repay the loan amount in 24 Equated Monthly Installments (EMI) @Rs.2,323/-. The complainant accordingly cleared his loan amount on 30/05/2017. He has alleged in his complaint that the O.P. Bank did not provide him Loan Clearance Certificate. On 10/06/2017 he went to the O.P. HDFC Bank, Agartala Branch i.e. the O.P. No.3 for the clearance certificate but the said Branch did not provide him the certificate. Thereafter, he visited the Branch several times but he failed to get the certificate. Lastly on 29/04/2019 he along with his friend went to the Branch of the O.P. Bank and that when he asked for the Loan Clearance Certificate one lady staff of the Branch told him that he had to pay Rs.1000/- for getting the Certificate which according to the Complainant was not in accordance with loan agreement.

Being  aggrieved and dissatisfied with the conduct of the O.P. Bank,  the Complainant has filed the complaint before this Forum praying for issuing direction to the O.P. Bank to issue Loan Clearance Certificate in his favour and Rs.30,000/- for gross negligence and deficiency of service, Rs.15,000/- for causing mental agony and harassment, Rs.15,000/- for litigation cost and  Rs.5,000/- as traveling costs, in total Rs.65,000/- against the O.Ps. 

Hence this case.

 

 

2. In due course of time notices were duly issued to the O.P. Nos.1,2&3  The O.Ps.  have appeared and filed W.O. jointly. 

The O.Ps. in their W.O. have disputed and denied the allegations of the complainant. They have however admitted about taking of loan by the Complainant and also liquidation of the loan amount by the Complainant by repaying the loan amount with due interest. According to the O.Ps. Loan Clearance Certificate was duly sent to the complainant from the side of the O.Ps. They have denied that the Complainant ever approached the O.P. No.3 for Loan Clearance Certificate and demanding of Rs.1,000/- by staff of the O.P. Bank for delivery of the Loan Clearance Certificate to the Complainant. 

       Denying any deficiency of service on their part towards the Complainant the O.Ps. have prayed for dismissal of the complaint.   

 

EVIDENCE ADDUCE BY THE PARTIES:-

3. The Complainant examined himself as PW-I and he also adduced one witness in support of his case. The Complainant and his one witness were examined and cross examined by the O.P. side.  The Complainant has produced 02 documents. The documents on identification have been marked as Exhibit – 1 Series. 

  On behalf of the O.P. No.1 one witness namely Sri L. Apurba Singha, Legal Manager, was examined. The said witness did not produce any documentary evidence. He was however cross examined by the Complainant side. 

4. POINTS TO BE DETERMINED:- 

  (i) Whether there is deficiency of service on the part of the O.Ps?

  (ii) Whether the complainant is entitled to get compensation/  relief as prayed for?

 

 

5. DECISION   AND  REASONS  FOR  DECISIONS:- 

      We have heard arguments from both sides. 

We have carefully gone through the pleadings of both the parties, the evidence, both documentary and oral adduced by the Complainant, and also the oral evidence by the O.P. side. 

It is evident from the case record that the Complainant obtained loan of Rs.44,154/- on 25/04/2015 from the O.P. No.3, the Manager, HDFC Bank, Agartala Branch for purchasing a two wheeler. The Complainant repaid the entire loan amount with interest but he was not given loan clearance certificate by the O.Ps. When the Complainant visited the Branch of the O.P. No.3 and enquired about the Certificate he was told by one of the staffs of the Branch that he had to pay Rs.1,000/- for getting the Loan Clearance Certificate. The case of the O.Ps. is that they have duly sent the Loan Clearance Certificate in the name of the Complainant to his home address and that for issuance of duplicate Loan Clearance Certificate the Complainant had been asked to pay Rs.500/-. It was denied by them that Rs.1,000/- had been demanded by staff of the O.P. No.3 Branch. We find that on behalf of the O.P. no iota of evidence has been adduced to prove that initially loan clearance certificate free of charge was issued in the name of the Complainant either by post or by a messenger from the Branch of O.P. No.3. The O.P. No.3 according to us ought to have maintained record to support his stand that the Complainant had been issued Loan Clearance Certificate free of charge after the Loan has been liquidated. Hence, we have a found merit in the claim of the Complainant that he has not been favoured with Loan Clearance Certificate from the O.P. Bank. The O.Ps. according to us committed deficiency of service by their failure to furnish Loan Clearance Certificate to the Complainant even though admittedly the Complainant had cleared his loan dues.    

 

6.      In view of the discussion made above and having regard to the materials on record we find and hold that the Complainant has succeeded in establishing his case U/S 12 of the Consumer Protection Act, 1986 against the O.Ps.

  We accordingly find the O.Ps. guilty of committing deficiency of service against  the Complainant. The Complainant is entitled to get compensation from the O.Ps. 

      Both the issues are decided accordingly in favour of the Complainant and against the O.Ps. 

        In the result, we direct the O.P. No.3 to issue Loan Clearance Certificate in the name of the Complainant Sri Gopal Saha free of charge and send the same by registered post with AD/Speed Post within one(01) month from the date of judgment. We also direct the O.Ps. to pay Rs.6,000/- to the Complainant as compensation for causing harassment and mental agony. The O.Ps. are also to pay Rs.4,000/-  as cost of litigation. The Complainant is accordingly entitled to get Rs.10,000/- (Rs.6,000/- + Rs.4,000/-) from the O.Ps. The payment is to be made within 2 months from the date of judgment, if not, it will carry interest @ 9% P.A. till the payment is made in full.

 

    Announced.

 

SRI  BAMDEB  MAJUMDER

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL FORUM,

WEST TRIPURA,  AGARTALA

 

 

 

 

SRI  UMESH  DAS

MEMBER,

DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

 WEST TRIPURA,  AGARTALA.

 

 

SMT. SMT. DR  BINDU  PAL

 MEMBER, 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA