DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NABARANGPUR
Present : MR S.D.BISHOYI, BA(HON)LLB,PRESIDENT.
MRS PRABHATI MISHRA, MEMBER.
MR RAM SHANKAR NAYAK, MEMBER.
CONSUMER COMPLAINT NO.18/2009.
Sri Sameer Kumar Mohapatra, 31 yrs, S/o Sri Prakash
Mohapatra, Koiguda, po-Miriganiguda, dist- Nabarangpur. COMPLAINANT.
Versus
1. Manager, Magma Shrachi Finance Ltd., plot no.229/5332, IInd
floor, Goutam Nagar, near Mousima mandir, Bhubaneswar.
2. Branch Manager, Andhra Bank, po/dist- Nabarangpur. OPP PARTIES.
For the complainant : Sri K.Chandra Sekhar Rao, Advocate.
For the OP.no.1 : Sri Tapan Ku. Harichandan,Advocate & ors.
For the OP.no.2 :
DATE OF HEARING:03.8.09 DATE OF ORDER:28.8.2009
MR S.D.BISHOYI, PRESIDENT,……… The case of the complainant in brief is that, he had taken a loan of Rs.1,21,627/- from the Op.no.1 and he was repaying a monthly installment of Rs.3200/- by drawing demand draft from the Bank of OP.no.2. The complainant is a regular payee of monthly installments to the OP.no.1. But the Op.1 charged interest and penal interest etc and demanded Rs.4389/- for alleged default of installment of June,06 vide DD no.412262 dt.29.11.08 along with other charges. This double payment of installment and charging penal interest etc is a clear case of deficiency in service by the OP.no.1. Upon verification the complainant found that, he had paid Rs.3200/- as the installment of June,06 to the Op.no.1 vide demand draft no.192825 dt.12.6.06 drawn from the bank of OP.no.2. So the complainant prayed before the forum to direct the OP.no.2 to produce the necessary documents showing the DD no.192825 dt.12.6.06 for Rs.3200/- being withdrawn by OP.no.1. Besides the OP.1 is directed to refund Rs.4389/- with interest taken against DD no.192825 dt.12.6.06 for Rs.3200/-with interest from 29.11.08 to final payment @ 18% interest p.a. He further prayed to direct the OP.no.1 to pay a total sum of Rs.6,500/- towards compensation and cost in the interest of justice.
2. The opp party no.1 has filed their counter version and averred that, the subject matter of the instant case relates to one commercial vehicle (pick up Van) under Agreement for hire purchase. Hence the complainant is not a consumer under C.P.Act. The OP.no.1 has not charged interest and penal interest and demanded Rs.4389/- which was alleged by the complainant. The OP.no.1 never received any DD no.192825 dt.12.6.06 from the complainant which is issued by the OP.no.2. The complainant owned a pick up van on loan & guarantee agreement with the OP.no.1 on condition to repay the total amount of Rs.1,21,627/- on which financial amount is Rs.85,127/- and total recoverable amount Rs.1,09,375/- although out of the said amount the complainant has to pay the amounting Rs.3482/-. The entire loan was to be repaid by the complainant in 35 equally monthly installments @Rs.3,125/-. In the due course of time the complainant could not be able to pay the installments dues regularly and there by become a chronic defaulter. Hence the op no.1 prayed to dismiss this case with costs.
2. The OP.no.2 has filed their version and averred that, it is true that on 06.6.06 the complainant came to their bank and purchased a demand draft after fulfilling the requisites as prevailed in banking rules for Rs.3200/- against which he paid Rs.30/- towards exchange for purchase of the DD. Accordingly the draft was issued in favor of the H.D.F.C. Bank, Ltd, payable at Bhubaneswar, which the complainant has also acknowledged on receipt of the same in the back side of the application form in the same day. As such being the customer of the OP.no.2, it has preformed its duty perfectly and there is no deficiency on the part of the OP.no.2. So they prayed to dismiss this case against the OP.no.2 in the interest of justice.
3. The A/A for the complainant has filed copy of certain documents and his affidavit. The A/A for the Ops filed their version only. Heard the parties and perused the records.
The A/A for the complainant submitted that, the complainant had taken a loan of Rs121627/- from the OP.no.1. He is a regular payee of monthly installments. But the OP.no.1 charged interest and penal interest etc and demanded Rs.4389/- for alleged default of installment of June’06. This double payment of installments and charging penal interest etc is deficiency in service by the OP.no.1. The complainant found that, he had paid Rs.3200/- as the installment of June’06 to the OP.no.1 on 12.6.06 draft drawn from the OP.no.2.
The OP.no.1 stated that, he has not charged interest and penal interest and demanded Rs.4389/-. They never received any D.D. from the complainant issued by the OP.no.2. The complainant owned a pick up van on loan guarantee agreement with the OP.no.1 on condition to repay the total amount of Rs.121627/-. On which financial amount is Rs.85127/- and total recoverable amount is Rs.109375/- out of the said amount the complainant has to pay the amount of Rs.3482/-. The complainant could not able to pay the installment dues regularly and became a chronic defaulter.
From the records it is seen that, the complainant drawn a demand draft of Rs.3200/- in favor of H.D.F.C. Bank, Bhubaneswar and the said draft was already paid on 25.7.06. Though the OP.no.1 received the draft amount on 25.7.06, again demanded Rs.3482/- which is illegal. In our view there is deficiency in service by the OP.no.1 and the complainant harassed a lot. In result We ordered that,
i) The opp party no.1 Manager, Magma Shrachi Finance, Bhubaneswar is directed to return the excess amount taken i.e. Rs.4389/- to the complainant. Besides he is directed to pay a compensation of Rs.5000/-(Rupees Five thousand only) including cost to the complainant within 30 days of dispatch of this order, failing which all the amounts will bear 12% interest p.a. after lapse of the said period.
Pronounced in the open forum on 28th day of August 2009.
MEMBER MEMBER PRESIDENT,DCDRF,
Memo No____________/DF dtd…………………
Copy to the parties concerned.
President.