Date of filing: 27-2-2017 Date of order : 23-6-2017
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM ::
KADAPA Y.S.R DISTRICT
PRESENT SRI V.C. GUNNAIAH, B.Com., M.L., PRESIDENT
SMT. K. SIREESHA, B.L., LADY MEMBER
Friday, 23rd day of June 2017
CONSUMER COMPLAINT No. 14 / 2017
A.V. Mohan Reddy, S/o Late A. Vemul Reddy,
aged 52 years, Contractor, R/o Flat No. 108,
Shanti Apartments, Bhagyanagar Colony,
Kadapa City and District. ………… Complainant.
Vs.
IndusInd Bank, Rep. by its Branch Manager,
D.No. 2/787/788/789, 1st floor, Sairam Towers,
Sri Harirao Street, Nagarajupet, Kadapa city and Dist. ….. Opposite party.
This complaint coming for final hearing on 9-6-2017 in the presence of Sri K. Guru Murthy, Advocate for Complainant and Opposite party remained absent on 2-6-2017 and upon perusing the material papers on record, the Forum made the following:-
O R D E R
(Per V.C. Gunnaiah, President),
1. The complainant filed this complaint under section 12 of Consumer Protection Act 1986 (for short herein after called as C.P. Act) praying this forum to direct the Opposite party to close the O.D. account bearing No. 650007399142 and return the original house documents which were kept as security, direct the Opposite party to pay Rs. 50,000/- towards mengal agony as compensation and pay costs of the complaint.
2. The averments of the complaint in brevity are as follows. The Complainant holds a O.D. account bearing No. 650007399142 with O.P. bank. For the purpose of availing O.D. facility, he deposited his title deeds bearing Flat No.108 of Shanti Apartment, Bhagyanagar colony, Kadapa and also title deed bearing Flat No. 107 of the same apartment belonged to his friend Polisetty Sivaram Prasad. The Complainant was paying O.D. payments along with interest and incidental charges to O.P. the Complainant wanted to sell his house and decided to close the O.D. account and paid entire dues and requested the O.P. Bank to close his O.D. Account and also gave letter on 01-7-2015 to return original house documents kept with the O.P. as security. But the O.P. informed orally to the Complainant and advised him to continue O.D. facility till the end of financial year 31-3-2016 to avoid pre closure charges. On 6-2-2016 the Complainant requested the bank to close O.D account and return the documents after paying Rs. 15,20,000/- On 01-01-2016 and Rs. 16,591/- on 4-1-2016 for closing the account. But not closed the same. On 19-2-2016 the Complainant visited the bank, he was informed to pay Rs. 23/- as deficient balance. The Complainant paid the same and requested to close his O.D account and return of documents. But the documents were not return to him and not closed O.D. account. On 24-3-2016 the Complainant gave letter to O.P. bank officials to close his O.D. account still, there was no response. Again on 20-5-2016 the Complainant issued letter to the bank officials to close O.D. account and return his documents that also went in vain. Due to the attitude of O.P. the Complainant suffered mentally and physically and financially for non release of his security documents and closure of O.D. account. Having no option on 30-9-2016 the Complainant got issued a legal notice to the O.P. to close his O.D account and return security documents. The O.P. gave a false reply on 20-10-2016 to pay pre closure charges for closing of O.D. account. The Complainant issued reply notice on 16-11-2016 stating that he has no outstanding amount payable to the bank and to close the O.D account and pre closure charges could not comply to him. Hence, requested to return the documents. But not comply the same by O.P. and dragged the matter on some pretext or other. Hence, the complaint for the above reliefs.
3. Opposite party received notice but did not turn up. The Opposite party remained exparte and not filed written version.
4. On the basis of the above pleadings the following points are settled for determination.
- Whether there is deficiency in service on the part of O.P as pleaded by the Complainant?
- Whether the complainant is entitled for closure of O.D. account and return of his title deeds given to the O.P. as security as prayed for?
- Whether the Complainant is entitled for the amount claimed as compensation for mental agony and costs, if so what extent?
- To what relief?
5. Complainant filed his affidavit along with complaint and got marked Ex. A1 to A8 in support of his version stated in the complaint.
6. Heard arguments of Complainant and perused the pleadings, documents filed by him.
7. Point Nos. i & ii. The Complainant in his affidavit filed along with complaint clearly and categorically stated how many times he approached the O.P. Bank by paying the total amounts in his O.D. Account and requested for closure of his O.D. Account and return of security house documents given to O.P. bank. The Complainant reiterated the averments of complaint in his affidavit filed. He also filed 8 documents to show that he approached the bank by way of letters under Ex. A1 to A4 for closure of his account and return of his original documents. A perusal of above Ex. A1 to A4 clearly and categorically goes to show that he had addressed letters to the O.P. Branch to close his O.D. account bearing No. 650007399142 with O.P. bank and return his house documents given as security to the O.D. Account. But the O.P. has not given any reply to Ex. A1 to A4 nor closed O.D account or returned the documents, as requested by the Complainant. Finally, he issued Ex. A5 a legal notice on 30-9-2016 through his advocate stating the facts to close his O.D. account referred above and return the documents kept as security relating to Flat No. 107 and 108 of Shanthi Apartments. For this the O.P. gave reply in Ex. A6 on 20-10-2016 stating that the Complainant is due Rs. 34,500/- i.e. 2% preclosure charges + service tax to close the account and return of documents.
8. According to Complainant he is not in due any amount to the bank and there was no such understanding or agreement between him and the O.P. bank to pay 2% pre-closure charges as claimed by O.P. bank. According to Complainant he paid the total amount due to the O.P. Bank and approached several times, requested orally and by way of letters to close his O.D. account and return his documents kept as security with O.P. bank. But it appears the O.P. bank has not conceded his request.
9. As already noted above the O.P bank in this matter remained exparte and not contested this case. Although as per Ex. A6 the bank stated that the Complainant is due Rs. 34,500/- i.e. 2% pre-closure charges + service tax by 20-10-2016, there is no material placed by O.P. to prove the same. The burden is on the O.P. bank to show and prove that there was an agreement between the bank and Complainant that if any O.D. account is pre-closed 2% pre-closure charges has to be paid by the account holder. No documents relating to the agreement or contract has been filed by O.P. no statement of account has also been filed by the O.P. by attending before this forum to show that there is no deficiency in service on their part with regard to the dealing the account of Complainant either to closure of his O.D. account or in return of his house documents given as security for the O.D. Account. By way of affidavit and documents Ex. A1 to A8 the Complainant clearly and categorically proved that in spite of paying all the dues to the O.P. bank and requested for closure of his O.D. account and rerun of his house original documents given as security for the O.D. account the O.P. Bank failed to comply the request of Complainant. As such we hold there is deficiency in service on the part of O.P. bank and Complainant is entitled for closure of O.D. account bearing No. 650007399142 with O.P. bank and return of all original documents deposited by the Complainant relating to flat Nos. 108,107 of Shanthi Apartments, Kadapa. Accordingly, points 1 & 2 are answered in favour of the complainant.
10. Point No. iii. In the forgoing discussion in points i & ii it is held that there is deficiency in ssrvice on the part of the O.P. bank for not closure of O.D. account of Complainant and return of his documents kept with the bank. For not returning documents and non-closure of account the Complainant underwent lot of mental agony besides suffering. Therefore, we hold that the Complainant is entitled for Rs. 10,000/- for mental agony and suffering and Rs. 5,000/- towards costs of the complaint. Accordingly, point-iii is answered in favour of the Complainant.
11. Point No. iv. In the result, the complaint is allowed, directing the Opposite party bank to close O.D. Account bearing No. 650007399142 of the Complainant and return his original house documents kept as security and shall pay Rs. 10,000/- (Rupees ten thousand only) towards mental agony and suffering and Rs. 5,000/- (Rupees five thousand only) towards costs of the complaint to the Complainant, within 30 days from the date of receipt of this order.
Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open forum, this the 23rd day of June 2017
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant: NIL For Respondent : NIL
Exhibits marked for Complainant : -
Ex. A1 Copy of letter dt. 1-7-2015 from the Complainant to the Opposite party.
Ex. A2 Copy of letter, dt. 6-2-16 from the Complainant to the Opposite party.
Ex. A3 Copy of letter dt. 24-3-2016 from the Complainant to the Opposite party.
Ex. A4 Copy of letter dt. 20-5-2016 from the Complainant to the Opposite party.
Ex. A5 Office copy of legal notice with register slip dt. 30-9-2016.
Ex. A6 Copy of reply notice dt. 20-10-2016.
Ex. A7 Office copy of legal notice with register slip dt. 16-11-2016.
Ex. A8 Copy of bank statement of account.
Exhibits marked on behalf of the Opposite party: -
MEMBER PRESIDENT
Copy to :-
1) Sri K. Guru Murthy, Advocate for Complainant.
2) IndusInd Bank, Rep. by its Branch Manager,
D.No. 2/787/788/789, 1st floor, Sairam Towers,
Sri Harirao Street, Nagarajupet, Kadapa city and Dist
B.V.P
