Chandigarh

DF-I

CC/265/2020

Gaurav Sharma - Complainant(s)

Versus

Yes Bank Ltd. - Opp.Party(s)

In Person

05 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/265/2020
Date of Institution	:	13/08/2020
Date of Decision	:	05/04/2023

 

Gaurav Sharma, age 36 years, son of Sh. Kaushal Sharma, residence of House No.806, Sector 41-A, U.T. Chandigarh.

… Complainant

V E R S U S

Yes Bank Ltd., SCO No.129-130, Near CITCO Petrol Pump, Sector 9-C, Madhya Marg, Chandigarh-160017 through its Branch Manager.

… Opposite Party

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURESH KUMAR SARDANA	MEMBER

 

                                                

ARGUED BY	:	Complainant in person.
	:	Sh.Amit Rishi, Counsel for OP alongwith Sh.Ravi Kant, Collector Manager of OP Bank.

 

Per Suresh Kumar Sardana, Member

1.      Averments are that the complainant availed car loan facility for a sum of Rs.3,35,499/- on dated 12.04.2019 on fixed rate of interest @ 10.14% per annum which was to be repaid in 60 monthly equated instalments of Rs.7,226/- (Annexure C-1). The said instalments were to be paid on 2^nd day on each month and the same were being regularly deducted from the savings bank account of the complainant. In the month of March, 2020 the Government of India declared nationwide lockdown on account of Covid-19 pandemic, thereafter the Reserve Bank of India issued a circular dated 27.03.2020 announcing Covid-19 Regulatory Package (Annexure C-2). In continuation of the circular dated 27.03.2020, the Reserve Bank of India again issued an another circular dated 23.05.2020 permitting extension of moratorium by another three months i.e., June 1^st 2020 to August 31^st 2020 (Annexure C-3). After issuance of the circular dated 23.05.2020, the OP had asked the complainant to opt for moratorium on the repayment of said car loan and the complainant had opted moratorium for another three months i.e., from June 1^st 2020 to August 31^st 2020 and thereafter installment for the month of June, 2020 was not deducted from the saving bank account of the complainant and the OP had not presented ECS/ACH in bank account of the complainant (Annexure C-4). On 25.06.2020 the complainant went to the market to buy grocery items whose bill amount was Rs.6,475/- and when the complainant started paying his bill through debit card, then payment declined on account of insufficient balance as an amount of Rs.7,226/- was already deducted from the bank account of the complainant by the OP. Thereafter on 02.07.2020 the OP again presented ECS/ACH in the bank account of the complainant, however the same was bounced on account of insufficient balance and complainant has to bear bounce charges of Rs.295/- on account of negligence of the OP. The complainant immediately wrote an email to the OP and requested the OP not to present the ECS/ACH in the bank account of the complainant as the complainant had opted moratorium for three months i.e., June 1^st 2020 to August 31^st 2020 (Annexure C-5). Rather to return of Rs.295/- & Rs.7226/- the OP  again presented ECH/ACH in the bank account of the complainant on 03.08.2020, however the same again bounced on account of insufficient balance (Annexure C-6). The complainant has been suffering a great mental, physical as well as financial loss and the harassment and humiliation at the hands of the OP. Hence, the present consumer complaint.
2.     OP contested the consumer complaint, filed its written statement and stated that the complainant has the option for opting the moratorium from June 6 to June 9, 2020 as per the automated message circulated. It is further submitted that the EMI was due on 2^nd date of every month. However, said ECS was not deducted on June 2020, because of the option for availing the moratorium was till June 9, 2020 and therefore the ECS of instalment of Rs.7,226/- was deducted on 25.06.2020. It is specifically denied that the EMI’s deducted for the month of June 2020, was against the banking norms, as the complainant himself had opted to payout the instalments. Denying all other allegations made in the complaint a prayer for dismissal of the complaint has been made.
3.     Rejoinder was filed and averments made in the consumer complaint were reiterated.
4.     Parties led evidence by way of affidavits and documents.
5.     We have heard the learned counsel for the parties and gone through the record of the case.
6.     On perusal of the complaint, it is observed that the main grievance of the complainant is that inspite of declaration of moratorium period of six months by the Government of India on the outstanding loans, the OP deducted one installment of EMI and consequent to that bouncing cheque charges of Rs.295/- were recovered from complainant’s account on account of insufficient funds.
7.     On perusal of Annexure C-6, it is observed that during moratorium period declared by Government of India, an EMI of Rs.7226/- was recovered on 25.06.2020. Consequent to that a cheque bounced and due to which an amount of Rs.295/- was recovered by the banks. It is also observed that inspite of taking up of matter with the OP, the amount was not reversed. Hence, we are of the concerted view that the OP is deficient in providing service to the complainant by not stopping the recovery of EMI during the moratorium period, as announced by Government of India.   
8.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OP is directed as under :-

1. to refund an amount of ₹295/-  to the complainant alongwith interest @ 9% per annum from the date of debit of said amount till realization.
2. to pay an amount of ₹5000/- to the complainant as compensation for causing mental agony and harassment to him;
3. to pay ₹5000/- to the complainant as costs of litigation.

9.     This order be complied with by the OP within thirty days from the date of receipt of its certified copy, failing which, it shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
10.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

			Sd/-
05/04/2023			[Pawanjit Singh]
Ls			President
			Sd/-
			[Suresh Kumar Sardana]
			Member