DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: BHADRAK

Dated the 2^nd day of Feb, 2021

C.D Case No. 44 of 2020

                                         Present -1. Shri Basanta Kumar Mallick, Presiding Member

                                                       2. Afsara Begum, Member

Rajendra Kumar Das

 S/O Shrimanta Kumar Das

At- Padmapur , Taragana

Ps-Bhadrak (R), District- Bhadrak, Odisha                                                                       

                                                                                                       .................Petitioner

                                                  (Versus)

1. The Branch Manager,

H D F C Bank, Bhadrak Branch

At- Bypass, Po/Ps/Dist- Bhadrak, Odisha

                                                                             …….  Opposite Party..

Counsel For Complainant:  In person

Counsel For the O.P:           Sri D. Nayak, Adv

Date of hearing: 01.02.20212

Date of order:     02.02.2021

BASANTA KUMAR MALLICK,  PRESIDING MEMBER

             This dispute arose out of a complaint filed by the complainant alleging deficiency of service and unfair trade practice against O.P.

            The facts of the complaint are to the effect that the Complainant is the owner of One Honda CB Shine Motor Cycle bearing Regd No. OD-22E/1990 which was purchased under hire purchase scheme financed by the O.P. Bank.  . After down payment  the amount payable together with interest was Rs.54,648/-  and repayable by the complainant in   23 installments  @ Rs.2,376/- per month for  liquidation of the loan account but the O.P is charging 24 installments which more than the actual releasable installments.   Complainant has paid Rs. 54,648 in 23 installments in due time without fail.  But the financer O.P is claiming Rs.9,868/- more on the loan account .  Hence  he prays for waver of  the excess amount of Rs.9,868/- and the excess amount shown in the account need to be liquidated  .

                    The O.P has objected and claimed to dispose of the case on the ground of non maintainability of the case.  O.Ps disclosed that complainant was irregular in payment of his EMIs . The total dues as on 4^th Aug 2020 is Rs. 9987/- which includes  EMI outstanding is Rs.2376 , OEI outstanding is Rs. 2569/- and CBC outstanding is 5042/-.

                   The contention of O.P as regards maintainability of the case is over ruled as the complainant is a consumer within the meaning of C.P Act. Further it is also observed that the contention of complainant  with regards to charging of excess EMIs is true and correct as the O.P has wrongly charged extra one installment on the complainant as reveled from the statement of loan account.  The other charges levied on the loan account is irrelevant which is not payable by the complainant. Hence it is ordered.                                         ​ORDER

The complaint be and the same is allowed against the O.P on contest. The O.P is directed to exempt the loan outstanding and issue no due certificate immediately after receipt of this order. This order must be complied within 30 days, failing which Rs.5,000/- will be charged towards mental agony and harassment.