Punjab

Sangrur

CC/365/2021

Sandeep Kumar Singla - Complainant(s)

Versus

HDB Financial Service ltd. - Opp.Party(s)

Sh. Sandip Kumar Goyal

20 Apr 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SANGRUR .

 

                                                                        Complaint No. 365

 Instituted on:   04.03.2021

                                                                         Decided on:     20.04.2022

 

 

Sandeep Kumar Singla son of Sham Lal, resident of H.No.455, Sunder Basti, Sangrur, Tehsil and Distt. Sangrur.

                                                          …. Complainant.     

                                                 Versus

1.     HDB Financial Service Ltd. First Floor, Roxy Road, Near Bhagat Singh Chowk, Out Sunami Gate, Shekhupura Basti, Sangrur through its Branch Manager.

2.     HDB Financial Service Ltd. Ground Floor, Zenith House, Keshavrao Khadye Marg, Mahalaxmi, Mumbai-400034 through its M.D.

             ….Opposite parties. 

 

For the complainant    : Shri S.K.Goyal, Adv.              

For the OPs               : Exparte.

 

Quorum                                           

Ashish Kumar Grover, President

Sarita Garg, Member

 

 

ORDER BY:     

Ashish Kumar Grover, President.

1.             Complainant Shri Sandip Kumar Singla has approached this Forum/Commission alleging inter-alia that he availed services of OPs by obtaining a loan for his Activa scooter bearing registration number PB-13-BF-2443 on 3.4.2019 which was repayable in 18 equal instalments of Rs.3667/- each. It is further averred that at the time of sanction of loan the OPs got signed blank cheques from the complainant. Further the complainant has stated that he regularly paid the instalments and paid the ninth instalment through paytm on 2.1.2020 and on the same day i.e. 2.1.2020 OP number 1 without intimating the complainant received the instalment again through cheque. Accordingly, in the month of February, the complainant deposited the instalment on 3.2.2020 through paytm and OP number 1 charged Rs.472/- as cheque bounce charges on 5.2.2020 and again OP number 1 charged Rs.472/- as cheque bounce charges on 4.3.2020. It is further averred that the complainant paid the instalments regularly till 2.11.2020 and thereafter he approached the Ops for issuance of No Objection Certificate then OP number 1 told the complainant that an amount of Rs.1817/- is outstanding against him and when enquired they explained that Rs.799/- as outstanding as lock down charges and two entries of Rs.472/- each for cheque bounce charges and Rs.76/- are misc. charges.  Thereafter the complainant sent a legal notice on 10.11.2020 to the Ops through his counsel, but no reply was sent by the Ops.  Further the complainant has averred that when on 18.12.2020 he visited OP number 1 to get no objection certificate then they charged Rs.2600/- from the complainant, which are said to be wrong and illegal. Thus, alleging deficiency in service on the part of the Ops, the complainant has prayed that the Ops be directed to refund the amount of Rs.2600/- to the complainant and further to pay an amount of Rs.20,000/- as compensation for mental agony, harassment and Rs.22000/- as counsel fee.

2.             Record shows that the Ops did not put appearance despite valid service, as such both the Ops were proceeded against exparte on 28.09.2021.

3.             The learned counsel for the complainant has produced Ex.C-1 copy of account statement, Ex.C-2 copy of legal notice, Ex.C-3 copy of postal receipts, Ex.C-4 copy of receipt issued by the OP and Ex.C-5 is the detailed affidavit of the complainant.

4.             We have gone through the pleadings put in by the complainant along with its supporting documents with his valuable assistance.

5.             The complainant has alleged in the complaint that he had taken the loan for Activa Scooter from the Ops and agreed to pay 18 equal monthly instalments of Rs.3667/- per month.  He further alleged that he had paid all the instalments within time but despite that the Ops presented the security cheques and the same were dishonoured and the Ops charged Rs.427/- twice as cheque bounce charges.  The complainant approached the Ops for issuance of no objection certificate in the month of October 2020 but they demanded Rs.1817/- which include as Rs.799/- as lockdown charges,  the complainant has not taken the benefit of the lockdown and Rs.472/- each as cheque bounce charges and Rs.76/- as misc. charges. The complainant paid the instalments within time.  The complainant has produced the accounts statement Ex.C-1, which established that the complainant had paid all the instalments as per the schedule. The complainant also produced the receipt Ex.C-4 vide which the Ops had charged Rs.2600/- as foreclosure amount of the above said loan account without assigning any valid reason.  The complainant also sent a legal notice to the Ops through his counsel which is Ex.C-2.  The Ops neither replied the said notice nor refunded the alleged amount of Rs.2600/- to the complainant.  Ops even not bothered to appear before this Commission despite valid service and also not filed any reply to the complaint, therefore, there is clear cut deficiency in service and unfair trade practice on the part of the Ops.  As such, we partly allow the complaint and direct the Ops to refund to the complainant an amount of Rs.2600/- alongwith interest @ 9% per annum from the date of filing of the present complaint. We further direct the OPs to pay to the complainant an amount of Rs.5,000/- on account of compensation for mental tension, agony and harassment and Rs.3300/- as litigation expenses.  This order be complied with by the opposite parties within 60 days from the date of receipt of certified copy of this order.

6.             A certified copy of this order be issued to the parties free of cost as per rules. File be consigned to records.

                                Pronounced.

 

                                April 20, 2022.

 

                                                                              (Sarita Garg)                      (Ashish Kumar Grover)

                                                                                   Member                                      President