Ld Advocate for the complainant is present. Judgement is ready, it is pronounced in open Commission in 3 pages 2 separate sheet of paper.
BY - SRI ASISH DEB, PRESIDENT
Brief facts of the complainant’s case are that the complainant is a permanent resident of above noted address and the Ops are running their banking business at the above mentioned address, both are within this jurisdiction of this Commission. The Complainant is the consumer of the Opposite parties as per Consumer Protection Act. By virtue of the agreement, the Complainant took financial assistance as a Bike Loan of Rs. 62,131/- bearing Loan A/C No. 43072925 through the Opposite Party Bank No.1 (HDFC Bank Ltd.) on 14.10.2016. The Complainant has a savings account of O.P 2 bank branch being A/C No. 32579649652 and EMI of the loan which was taken from OP No.1 (HDFC Bank Ltd.) was being deducted from the savings account of this OP No.2 bank branch through ECS system. Even after the Complainant had paid 36 loan installments, due to financial crisis there was some dues of the O.P. Bank No.1 and the Complainant went to O.Ps Bank No.1 branch for amicable settlement the arrears Loan amount through negotiation. After OP Bank No.1 informed the Complainant by letter dated 20.08.2019 that they agree to the Complainant’s proposal and settlement amount Rs. 11,000/- which is to be paid in one installment on 31.08.2019. As per the Terms of amicable settlement with the Complainant and OP Bank No.1 Rs. 11,000/- was paid by the Complainant on 31.08.2019. The O.P. No.1 Bank issued NOC certificate to the Complainant on 01.09.2019. The Complainant noticed that from his OP No.2 bank savings account Rs. 864/- on 01.11.2019 Rs. 2000/- on 25.11.2019, Rs. 1251/- on 01.01.2021 and Rs. 8316/- on 13.01.2021 debited through ECS/ACH RET charges. The Complainant contacted OP no. 1 OP No. 2 Bank, OP No.2 bank informed the Complainant that this amount was deducted by OP NO.1 Bank. After the Complainant issued a Advocate’s letter to the OP No.1 bank on 16.11.2021 through registered post and the said letter was duly sent to the correct address of the O.P. No.1 bank through registered Post and the said notice was duly received by the O.P. No.1 Bank but O.P-1 Bank intentionally remained silent on this matter for wrongful gain. The Complainant informed the Consumer Affairs & F.B.P., Purba Medinipur all the matter in writing in hope of redress. OP No.1 bank showed no interest to resolve the problem even with consecutive dates. In the mediation held on 27.03.2023 it was found that OP NO.1 bank is not willing to resolve the grievance, through the process of mediation. Then the Application was dropped. The cause of action of this case arose on and from the last mediation dated 27.03.2023, the dates of the mediation held in office of Assistant Director, C.A. & F.B.P., Purba Medinipur. Under the above circumstances, the complainant has prayed for directing the Opposite Parties to solve the matter and to pay wrongly deducted ECS charges with Banking Interest Rs.12,431.00 harassment & mental agony Rs.15,000.00 litigation cost Rs. 10,000.00 and to pass any other order/orders, which this Commission may deem it proper in law and in equity. The instant complaint is made bonafide and ends of justice.
Notices were duly served upon the ops. However, these ops have preferred to see that the case be decided ex-parte against it.
Points for determination are:
1. Is the case maintainable in its present form and in law?
2. Is the Complainant entitled to the relief(s) as sought for?
Decision with reasons
Both the points, being inter related to each other, are taken up together for discussion for sake of brevity and convenience.
We have carefully perused the affidavit of the complainant and evidence produced by Complainant. On appraisal of the materials on records along with bundle of facts it appears that the complainant is a Consumer in respect of the transactions made by him with the O.Ps in the matter of loan. The ops acts have made it a continuous cause of action by not settling the matter before the office of the Assistant Director, C.A. & F.B.P., Purba Medinipur. The case is maintainable in its present form and in law.
The complainant in his examination in chief on affidavit has deposed that by virtue of the agreement, the Complainant took financial assistance as a Bike Loan of Rs. 62,131/- bearing Loan A/C No. 43072925 through the Opposite Party Bank No.1 (HDFC Bank Ltd.) on 14.10.2016. The Complainant has a savings account of O.P 2 bank branch being A/C No. 32579649652 and EMI of the loan which was taken from OP No.1 (HDFC Bank Ltd.) was being deducted from the savings account of this OP No.2 bank branch through ECS system. Even after the Complainant had paid 36 loan installments, due to financial crisis there was some dues of the O.P. Bank No.1 and the Complainant went to O.Ps Bank No.1 branch for amicable settlement the arrears Loan amount through negotiation. After OP Bank No.1 informed the Complainant by letter dated 20.08.2019 that they agree to the Complainant’s proposal and settlement amount Rs. 11,000/- which is to be paid in one installment on 31.08.2019. As per the Terms of amicable settlement with the Complainant and OP Bank No.1 Rs. 11,000/- was paid by the Complainant on 31.08.2019. The O.P. No.1 Bank issued NOC certificate to the Complainant on 01.09.2019. The Complainant noticed that from his OP No.2 bank savings account Rs. 864/- on 01.11.2019 Rs. 2000/- on 25.11.2019, Rs. 1251/- on 01.01.2021 and Rs. 8316/- on 13.01.2021 debited through ECS/ACH RET charges. The Complainant contacted OP no. 1 &OP No. 2 Bank, OP No.2 bank informed the Complainant that this amount was deducted by OP NO.1 Bank. The above oral testimony of complainant has remained un challenged.
Now , coming to the documents ie Annexure-6 it appears that the op-1 had already closed the loan account, Annexure-7 goes to show that after closure of the loan NOC was issued on 01 September 2019. After issuance of the NOC on 01.09.2019 the op-2 was going on deducting ECS and other purported dues ; and such deductions were done due to the major negligence on the part of the op-1 only. It is further noted that despite op-2 had communicated the op-1 for de linking the ECS through e- Mail Correspondence ( Annexure-9 ) the op-1 simply sat idle on the said E- Mail correspondence. The op-1 has set an instance of gross negligence in rendering due care and proper service to its customer and conducting fair business. It has even did not take any initiative for settling the matter through Mediation process conducted by the Assistant Director, C.A. & F.B.P., Purba Medinipur. The op-2 has got no fault on its part ; it has requested the op-1 through E-mail for de linking the ECS as soon as it was apprised of by the Complainant. The complainant is entitled to get Rs12,431/- wrongly deducted amount, an equivalent amount of Rs12,431/- as compensation for harassment and mental agony and Rs. 5000/- as towards litigation costs from Op-1 only ,
Both the points are decided in favour of the complainant accordingly.
The complainant case succeeds.
Hence, it is
O R D E R E D
That the CC/49 of 2023 be and the same is allowed ex-parte against the OP-1 and dismissed ex-parte against the OP-2.
The opposite party no-1 is hereby directed to refund Rs 12,431/- wrongly deducted ECS amount , an equivalent amount of Rs. 12,431/- as compensation for harassment and mental agony and Rs 5000/- as towards litigation costs to the Complainant within 45 days from the date of this order.
In default, the opposite party no-1 will pay simple interest @ 12% per annum over the said total amount of Rs. 29,862/- from the date after expiry of said 45 days till the date of final payment as directed above.
The Complainant would be at liberty to put the decree into execution in terms of section 71 of the C P Act, 2019 or to initiate a proceeding for imposing penalty for non-compliance of order in terms of section 72 of the C P Act, 2019.
Let a copy of the judgment be supplied to the complainant free of cost.
