BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM VAZHUTHACAUD : THIRUVANANTHAPURAM PRESENT:
SHRI. G. SIVAPRASAD : PRESIDENT SMT. BEENA KUMARI .A : MEMBER SMT. S.K. SREELA : MEMBER
CC.No. 242/2006 Dated: 30..10..2008 Complainant: R. Janardhana Iyer, T.C.22/747, Gokulam, Attukal, Manacaud P.O., Thiruvananthapuram.
(By Adv. Sri. K. Radhakrishnan)
Opposite party:
The Officer in charge, Personal Loan Section, HDFC Bank, Vazhuthacaud, Thiruvananthapuram.
This O.P having been heard on 29..08..2008, the Forum on 30..10..2008 delivered the following:
ORDER
SHRI. G. SIVAPRASAD, PRESIDENT :
The facts leading to the filing of the complaint are that the complainant has availed a personal loan of Rs.1.25 lakhs as per loan No.1632555 from the opposite party on condition of repay EMI of Rs.4,684/- on or before 7th of every month till completion of repayment of the said loan. The complainant was remitting the said EMI without any default. But in the month of March 2006, complainant could not arrange money for remittance on 7th and on the very next day complainant deposited certain amount of money with the opposite party including the EMI of March 2006. Complainant was under impression that the amount of EMI for the month of March might have been deposited from his account towards the said loan. On 29..03..2006, the collection executive of the opposite party approached the complainant and intimated him that the EMI of the month of March became due since the same could not be realised from the HDFC Bank on 08..03..2006 and he demanded him to take payment. Accordigly the complainant withdrew Rs.5,000/- from his account from the HDFC bank and remitted the EMI of the month of March to the said collection agent on 29..03..2006 itself as per receipt No.1328831 dated 29..03..2006. After the said withdrawal of Rs 5,000/- the standing balance in the account of the complainant with the opposite party was Rs. 7,500/-. The complainant has kept that amount in his account for honouring his two cheques that he had issued to M/s. Standard Chartered Bank & M/s.City Bank for Rs. 3,431/- & Rs.3,000/- respectively. Complainant has rightly believed that the said 2 cheques might have been honoured at the time of the representation. But to the astonishment, the complainant was received his statement of accounts from the opposite party on 24..04..2006 and he came to know that an amount of Rs.5,042/-was debited from his account on 29..03..2006 towards EMI of the month of March 2006 which was in addition to the direct payment to the said collection agent of the opposite party on 29..03..2006. Opposite party charged double payment for the month of March, 2006, he has no right to do so. Due to the unfair trade practice the credit balance of the complainant has come down so as to cause to dishonour his above said 2 cheques issued to M/s. Standard Chartered Bank & M/s. City Bank. The opposite party in addition to it, had also debited cheque return charges of Rs. 350/- on 30..03..2006 and Rs. 350/- on 05..04..2006. Moreover the payee bank also imposed penalty on complainant for bouncing of cheques at their rate of Rs.300/- and Rs.250/- due to the illegal and improper act of the opposite party. The complainant has sustained financial loss of Rs.1,250/- as cheque bouncing charge. Due to the act of the opposite party the credibility of the complainant is damaged. This caused much loss in his reputation and caused mental agony. Hence this complaint claiming refund of an amount of Rs. 1,250/- and an amount of Rs.10,000/- towards compensation and Rs.2,000/- towards cost of the complaint.
2. Opposite party did not appear inspite of service of notices. No version filed and opposite party set ex-parte.
3. The points that would arise for consideration are:
Whether there has been deficiency in service on the part of opposite party? Reliefs and costs?
4. To support the contention in the complaint, complainant has filed an affidavit of himself as PW1 in lieu of chief examination and marked Exts. P1 to P8. 5. Points (i) & (ii): It has been the case of the complainant that complainant has availed a loan of Rs. 1.25 lakhs, which has to repay EMI of Rs.4,684/- on or before 7th of every month. Complainant has never mentioned the date of taking loan in the complaint. Submission by the complainant is that he has been remitting the said EMI without default and that in the month of March 2006, complainant could not arrange the EMI on 7th of the month and on the next day complainant deposited some amount with HDFC including the said EMI. On 29th March 2006, on intimation by the collection executive of the opposite party, complainant understood that the EMI of the month of March 2006 became due and that complainant withdrew Rs.5,000/- from his account from the opposite party and remitted the EMI of the month of March to the collection agent on 29..03..2006 as per receipt No.1328831. Ext. P2 is the repayment receipt customer copy issued by the opposite party. Submission by the complainant is that after withdrawal of Rs.5,000/-, the outstanding balance in the account of the complainant with the opposite party was Rs.7,500/- and that complainant kept the said amount in his account for honouring two cheques that he had issued to M/s. Standard Chartered Bank & M/s. City Bank for Rs.3,431/- & Rs.3,000/- respectively, but the said cheques were dishonoured by the opposite party. On receipt of the statement of account from the opposite party complainant came to know that an amount of Rs.5,042/- was debited from his account on 29..03..2006 towrds the EMI of the month of March 2006, which was in addition to the direct payment to the said collection agent of the opposite party on 29..03..2006. Ext.P1 is the statement of account issued by the opposite party. A perusal of Ext.P1, would show that Rs.5,000/- was seen withdrawn on 29..03..2006 and Rs.5,042/- was seen recovered on the same day towards overdue loan and on 30..03..2006 Rs.350/- was debited as cheque return charges. Further contention by the complainant is that the payee bank – like M/s. Standard Chartered Bank and M/s. City Bank, had charged cheque return fee from complainant for bouncing cheques at their rate of Rs.300/- and Rs.250/- respectively. Ext.P7 is the payment coupon showing the statement of account issued by M/s.Standard Chartered Bank, and Ext.P8 is the statement of account issued by M/s. City Bank. As per Exts.P7 & P8 the said banks have charged cheque return fee of Rs.550/- (that is Rs.300 + Rs.250) from the complainant. As per Ext.P1, opposite party has charged cheque return fee of Rs.350/- from the complainant. Ext.P3 is the copy of letter addressed to the opposite party by the complainant. Ext. P4 is the copy of advocate notice. Ext.P5 is the postal receipts and Ext.P6 is the acknowledgment cards. On going throuh the complaint, affidavit and Exts.P1 to P8 we find complainant has incurred a loss of Rs. 900/- (ie. cheque return charge of Rs.350/- on 30..03..2006 collected by the oppoite party and Rs.300/- & Rs.250/- cheque bouncing charges collected by M/s.Standard Chartered Bank & M/s. City Bank) due to the illegal action of the opposite party and due to the action of the opposite party, we find the credibility of the complainant in the estimation of other Banks might have damaged, for which opposite party is liable to be compensated. Unfair trade practice and deficiency in service is proved.
In the result, complaint is allowed. Opposite party shall pay an amount of Rs.900/- (Rupees Nine hundred only) towards financial loss, a sum of Rs.2,000/- (Rupees two thousand only) towards compensation and Rs.1,000/- (Rupees one thousand only) towards cost to the complainant. The said amounts shall carry interest at the rate of 12% if not paid within 2 months from the date of this order.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 30th day of October, 2008.
G. SIVAPRASAD, PRESIDENT. BEENA KUMARI .A : MEMBER
S.K. SREELA : MEMBER
ad.
C.C.No.242/2006 APPENDIX Complainant's witness:
PW1 : M. Janardhana Iyer Complainant's documents:
P1 : Original copy of statement of accounts of A/c No.0631050035642 issued by HDFC Bank P2 : Origianl repayment receipt (customer copy)No.1328831 dated 29..03..2006 P3 : Copy of letter dated 25..04..2006 P4 : Copy of advocate notice dated 15..05..2006 P5 : Original postal receipt dated 16..05..2006 with RLAD A-66, RLAD B-67 P6 : Original postal ack.card dated 18..05..2006
P7 : Copy of credit card statement dated 21..04..2006
P8 : Copy of statement dated 27..04..2006
III. Opposite party's witness: NIL
IV. Opposite party's documents: NIL
PRESIDENT.
......................Smt. Beena Kumari. A
......................Smt. S.K.Sreela
......................Sri G. Sivaprasad | | 
