BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION – I, HYDERABAD
P r e s e n t
HON’BLE Sri P.VIJENDER, B.Sc. L.L.B., PRESIDENT
HON’BLE Sri K.RAM MOHAN, B.Sc. M.A L.L.B., MEMBER
On this the Friday the 13th day, of November, 2020
EA.No. 24/2020
IN
C.C.No.467/2017
Between
Sri. Vummadi Rama Subba Reddy,
S/o. Late Narsimha Reddy,
Aged about 68 years, Occ: Business and Agriculture,
Presently R/o: 3/201-1, Saikuteer Road,
Proddutur, YSR Kadapa Dist- 516 360
….. Petitioner/Complainant
And
- The Chief Manager,
Union Bank of India,
Pavani Plaza, Rajbhavan Road,
Khairatabad, Hyderabad- 500 004.
- The Branch Manager,
Union Bank of India,
Secunderabad Station Road,
9-4-1402, to 1403, Regimental Bazar,
(Aadj. To Sikh Gurudawara), Secunderabad,
Hyderabad – 500 025.
- The Regional Manager,
Union Bank of India,
-
Punjagutta Road, Opp: NIMS,
Hyderabad – 500 082
….Respondent/Opposite Parties
Counsel for the Petitioner/Complainant : Ms. M. Sneha Vardhan
Counsel for the Respondent/Opp. Parties 1 to 3 :Mr. K. Visweswara Rao
O R D E R
(By Sri P.VIJENDER, B.Sc. L.L.B., PRESIDENT on behalf of the Bench)
1. This petition is filed U/s 27 of Consumer Protection Act 1986 to punish the Respondent for non-compliance orders of this Commission in the main CC.
2. The grounds urged in the petition are that this Commission allowed the complainant of the petitioner directing the respondents to issue a correct statement of account of the petitioners loan account by calculating interest at 8.25% fixed rate and awarded a compensation of Rs.25,000/-(Rupees Twenty Five Thousand Only) and cost of the complaint at Rs. 5,000/-(Rupees Five Thousand Only) and to comply to said orders within 30 days from the date of service of the order which were passed on 06.12.2019. The Respondent did not comply the orders in the given time and no appeal has been preferred against the orders of this Commission. Hence the present petition.
3. Resisting the petition respondent filed a detailed counter contending that the respondents are the instrumentality of the state and have to follow sudden procedures for taking decisions. The advocate advised to file an appeal as there are some procedural irregularities in the order. In the meanwhile petitioners submitted a letter for implementation of the orders of this Commission. The said application was sent for scrutiny and calculation have been made treating the loan account at fixed rate of interest as per the directions of this Commission. The calculations reveled the amount collected is excess was Rs. 2,32,174.60 as on 18.01.2020. The complainant did not agree for it and further stated that it is not compliance of orders of this Commission in complete. The matter was referred Auditors Firm for calculation. The auditor Firm submitted report on 05-06-2020 informing the excess amount could be arrived at Rs. 4,10,312.57 and same was sent to General Manager for approval and latter sanction was accorded by Zonal Manager and credit voucher for issued was crediting different interest at Rs.4,10,312.57. The compensation amount of Rs. 25,000/-(Rupees Twenty Five Thousand Only) and cost of Rs. 5,000/-(Rupees Five Thousand Only) were also credited to the loan account of the complainant on the approval for the same was received on 15.06.2020 and credited on 16.06.2020 and a revised statement was furnished. Since the petitioners loan account has been classified as Non-performing Asset on 30.06.2019 on account of non-payment of installments the bank stopped charging interest from 30.06.2019 onwards and credited the amount of Rs.14,182.47 uncovered interest to the account on 30.06.2019. After crediting the excess interest collected compensation and costs awarded by this Commission. The complainant was required to pay a sum of Rs.9,762/- (Rupees Nine Thousand Seven Hundred Sixty Two Only) to make the Non performing Asset into a regular one and same was in fact communicated to the petitioner who accepted it and transferred an amount of Rs. 10,000/-(Rupees Ten Thousand Only) on 30.06.2020.
4. The petitioner submitted a representation on 07.07.2020 that on account of crediting of Rs. 10,000/-(Rupees Tent Thousand Only) on 30.06.2020 the bank can upgrade the account for Non performing Asset account to regular one and inform the balance amount payable for closer of the loan account. The said representation was considered and as per up-gradation statement an amount of Rs. 4,1351.96 remained as outstanding as on 01.07.2020 and thus a total of Rs. 55,537.45 is due as on 01.07.2020 and further interest their on till the closer of the loan.
5. At every stage of the above said procedure, the complainant was informed and he was furnished statement also, hence the allegation of the complainant that the orders of this Commission are not complied is not correct and the petitioner is liable to be dismissed.
6. In the enquiry for the petitioner side 4 (Four) documents and for the respondent 12 (Twelve) documents are marked and at the arguments for stage the respondent an additional affidavit has been filed clarifying the some aspect raised by this Commission.
7. On a consideration of the material brought on the record the following point arose for determination.
- Whether the Respondents complied the orders of this Commission under execution .?
- To what relief.?
Point No.1:-
Ex.B11 and B12 are revised statement of account of the complainants loan account containing a details of amounts received from the complainant from time to time. These statement reflects that as per the directions of this Commission the Respondent bank calculated the interest on the loan amount of the petitioner at 8.25% p.a fixed arriving that an amount of Rs.2,32,174.60 was collected by the bank towards excess rate of interest from the beginning. This revised statement further revels that on the said above excess amount in the EMI from the complainant the counter interest was given to the petitioner on each of the said payments and added and the amount so arrived is that Rs. 4,10,312.57. The actual amount collected from the petitioner in excess of fixed rate of interest is only Rs. 2,32,174.60 and after adding the counter interest the amount arrived is Rs. 4,10,312.57 same was given credit to the account of the petitioner. The ledger under Ex.R12 also evidences that the compensation amount of Rs. 25,000/-(Rupees Twenty Five Thousand Only) and costs of Rs. 5,000/-(Rupees Five Thousand Only) was also given credit and intimated to the petitioner asking him to pay Rs. 9,762/- to make the account from to a regular one from Non Performing Asset and accepting the same petitioner paid to Rs. 10,000/-(Rupees Ten Thousand Only) on 30.06.2020. The ledger clearly revels the outstating amount payable by the petitioner is Rs. 55,537.43 as on 01.07.2020 from which date further interest is liable to be paid by him. So the Ledger of statement filed from the respondent bank clearly proves that there is comply of order with some delay which has been amply explained. Hence nothing is survived for the petitioner in this execution petition. Accordingly point is answered.
Point No.2:-
In the result , EA is dismissed and Full satisfaction is recorded.
Dictated to steno, transcribed and typed by him, pronounced by us on this the 13th day of November, 2020
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
WITNESS EXAMINED
NIL
Exhibits filed on behalf of the Complainant:
Ex.P1 - Copy of Petitioner given Letter to Bank- dt.13.01.2020
Ex.P2 – Copy of Account Statement – dt. 23.06.2020
Ex.P3 – Copy of E-mail , dt.02.07.2020.
Ex.P4 – Copy of Account Statement – dt. 04.07.2020.
Exhibits filed on behalf of the Opposite parties:
Ex.R1 – Copy of Calculation sheet as per the rate of interest of 8.25% as per the
direction of the Hon’ble District Commission – dt. 31.12.2019.
Ex.R2 – Copy of E-mail addressed to the Regional officer- dt. 17.01.2020
Ex.R3 – Copy of approval note from Zonal officer – dt.18.01.2020.
Ex.R4 – Copy of Calculation sheet as per the Auditor and his certificate – dt.
05.06.2020.
Ex.R5 – Copy of Credit voucher – dt. 15.06.2020.
Ex.R6– Copy of Credit voucher – dt. 20.02.2020
Ex.R7– Copy of Credit voucher – dt.20.02.2020
Ex.R8– Copy of Statement of Account – dt.23.06.2020
Ex.R9 – Copy of Letter from the Complainant – dt.07.07.2020.
Ex.R10 – Copy of Statement of Account – dt. 07.08.2020.
Ex.R11– Copy of Calculation sheet without allowing the counter interest
calculated at the fixed rate of 8.25%.
Ex.R12– Copy of Calculation sheet redrawn ledger by allowing the counter
interest as certified by the Auditor.
MEMBER PRESIDENT
