Delhi

West Delhi

CC/09/1023

PRABHAKAR KR - Complainant(s)

Versus

KOTAK MAHINDRA BANK - Opp.Party(s)

22 Apr 2019

ORDER

ISTRICT CONSUMER DISPUTES REDRESSAL FORUM (WEST)

150-151; COMMUNINTY CENTER ; C-BLOCK; JANAK PURI; NEW DELHI

CASE NO. 1023/2009

 

 

Prabahakar Kumar  Shaw

C-29,Sita Puri, Gali No. 2,

New Delhi-110059                                                         ..…. Complainant

VERSUS

 

1.    Kotak  Mahindra Bank Ltd.

UGF-I-11, Ground Floor,

      Ambadeep,14,

      Kasturba Gandhi Marg

      New Delhi-110001                                          …..Opposite Party No. 1

 

 

2.    Kotak  Mahindra Bank Ltd.                                                          

       C2 B-Block, Near Poshangipur Road Market,

       Janak Puri,

      New Delhi-110058.                                               …..Opposite Party No. 2

 

 

O R D E R

 

K.S. MOHI, PRESIDENT

 

The complainant has filed the present complaint against the O.P under section 12 of Consumer Protection Act, 1986.  The Complainant is an Ayudvedic Medicine Supplier (Hawkar) and Fruit Seller in front of Dabari Police Station and earning his livelihood through this business only. The  Sale Executive of OP, Mr. Purshottam Singh met the complainant at his residence and tried to convince about personal loan from OP.  He showed lot of rosy pictures and benefits of Kotak Mahindra Life Insurance  Plans .  Ultimately complainant agreed for personal laon from  OP, Mahindra Kotak Bank.  OP-1 sanctioned Rs. 51,227/- as personal loan vide agreement  No. CGS1395071 on 20.12.2006 at the interest rate of  14% p.a.  by deducting Rs. 3977/- as a  process fee and fixing Rs. 2695/- monthly installment  through EMI  for the 36 months .  Finally a cheque  in the sum of Rs. 47,250  vide Cheque No. 075615 dated 28.12.2006  of Kotak Mahindra Bank Ltd.  Was given to the complainant. Complainant further averred that he has paid 19 installments at the rate of Rs. 2,695/- and Rs. 1,000/-  on 27.03.2008 and  Rs. 1,000/- on 24.04.2008 respectively thereby making  payment of Rs. 56,605/-   and two installments were paid through EMI.  The OP  though assured to send a bank statement by post to the complainant but till date did not furnish him the statement of loan account.  The complainant further stated that DSA Agent Mr. Purshottam Singh  at OP,  Janak Puri Branch, New Delhi has taken Rs. 4,000/- on 03.01.2007 as loan  from the complainant against receipt given by him and promised to repay the same in the month of February,2007 but till date he did not return said  amount.  The complainant twice insisted upon OP Bank to give him the statement regarding  payment of Rs. 56,605/-  till 26.07.2008 but all in vain.  Hence present complaint with the prayer that OP be directed to issue the  current bank statement  and quash interest the interest paid amount in decreasing order/manner , direction to OP to adjust Rs. 4,000/-  taken by Nr. Purshottam Singh DSA , direction to OP  to stop Hitman / Musclemens of OP No.1 to insult complainant in working place and residence and compensation for harassment and litigation expenses.   

2.     OP filed reply with the preliminary objection that  complainant  has not approached this Forum with clean hands and has suppressed material facts.  The present complaint being false, frivolous, misconceived, vexatious is liable to be dismissed.  It is stated that in the December, 2006 the complainant  approached  OP for grant of persona loan.  Accordingly  a loan of Rs. 51,227/-was granted  to complainant  to be repudiated in 36 equal monthly  installments of Rs. 2,695/-  each starting  from 01.02.2007  till 1.01.2010, however, despite assurances  given complainant did not adhere   the financial discipline  and  defaulted in payment of monthly installment as   sult there was a out standing amount of  Rs. 83,136.94. Further it is        denied that the complainant  paid 19 EMI  of Rs. 2,695/- as alleged in the     complaint, also denied that he had paid a sum of Rs. 56,605/-. It is  stated that in stead of making the payment the complainant in order to cr ate false evidence has forged the following receipts:-

 

1.     Receipt  bearing No. 566845 dated 16.04.2007

2.     Receipt  bearing No. 620076 dated 23.07.2007

3.     Receipt  bearing No. 620070 dated 23.09.2007

4.     Receipt  bearing No. 243776 dated 27.04.2008

5.     Receipt  bearing No. 243777 dated 29.06.2008

6.     Receipt  bearing No. 666846 dated 26.07.2008

 

OP Bank had neither issued aforesaid receipts nor received  any payment  mentioned in the said receipts. Hence the application is liable to be dismissed. 

3.     Complainant has filed his affidavit affirming the facts alleged in the complaint.  On the other hand Mr. Amrendera , Legal Officer has filed affidavit in evidence testifying all the facts as stated in the written statement. He has mentioned documents Exhibit OP1/1 to Exhibit OP1/4 to   Parties have also filed their respective written submissions.

4.     We have gone through the record of the case as well as written submissions filed by both the parties.

5.     The real controversy involved in the present case is as to whether the complainant is entitled to the relief claim sought in his complaint or not. We have perused the documents filed by the parties with great  circumspection.  We have also seen the statement of account filed on record.  The complainant  has failed to substantiate the payment of Rs. 56,605/- because EMI payment  of loan had to be  re-paid in 36 EMIs.  The OP has also refused to have issued the alleged 6 receipts  and termed the said receipts  as false and fabricated.

6.     In view of the above discussion we accept the  prayer; of the complainant  with regard to issuance of statement of account. OP is directed to furnish  the statement of account of loan amount.  The complainant in not entitled to repayment of  Rs. 4,000/- allegedly given to  Mr. Purshottam Singh  because said amount has not been proved on record by complainant. Also  complainant has not impleaded Agent Mr Purshottam Singh in the  array of parties.  Since the OP has not committed  any deficiency  in service except the non supply of Bank Statement, the OP is directed to give complete statement of account pertaining  to loan  paid by complainant.  OP shall pay Rs. 5,000/- for this count as compensation. With these  observations complaint is dismissed.  

Copy of this order be sent to the parties as per rules.

File be consigned to the record room. 

Announced this_____22TH _ day of    April__ ___ 2019.

 

( K.S. MOHI )                                                   (PUNEET LAMBA)                     

      PRESIDENT                                                              MEMBER