IN THE TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.

 

Present: Hon’ble Thiru Justice R.SUBBIAH      ... PRESIDENT

            Tmt. Dr. S.M.LATHA MAHESWARI  ... MEMBER

 

F.A. No.267 of  2014

 

(Against the Order, dated 13.02.2013, passed in CC No.144/12,

on the file of  the DCDRC, Coimbatore)

                                                              

                                Orders pronounced on:   16.03.2022

            

1.M/s.ICICI Bank Ltd.,

rep. by its Manager,

Landmark,

Race Course Circle,

Vadodhra 390 007.

 

2. M/s.ICICI Bank Ltd.,

rep. by its Manager,

Opposite Kannan Departmental Store,

Trichy Road,

Coimbatore.                         … Appellants / Opp. Parties

 

vs.

 

Kavitha,

W/o.Jayakumar Murali,

51, Alangyam Road,

Near RTO Office,

Dharapuram,

Tiruppur 638 656.                        …     Respondent/Complainant

 

             Counsel for Appellants    : Mr.K.Kumaran

             Counsel for Respondent     : Mr.C.Thomas

 

 

          This First Appeal came up for final hearing on 24.02.2022 and, after hearing the arguments of both sides and perusing the materials on record and having stood over for consideration till this day, this Commission passes the following:-

 

O R D E R

 

             The appellants herein/Bank challenges the Order, dated 13.02.2013, passed in C.C. No.144 of 2012 by  the District Consumer Disputes Redressal Forum, Coimbatore,   in and by which, the complaint filed by the respondent herein came to be allowed by directing the Bank  to issue No Due Certificate (in short NDC) as on the date of the issue, to pay Rs.25,000/- as compensation for the mental agony and monetary loss caused to the complainant due to the deficiency in service and to pay Rs.3,000/- towards litigation costs.

 

             2. The case of the complainant/respondent herein, as reflected in the complaint filed by him before the District Forum, in brief, runs thus:-

             On 07.03.2004, the complainant, along with her husband as co-applicant, had availed a loan of Rs.50,000/- from the Opposite Parties/Bank.  As per the Amortization Schedule, dated 07.05.2004, issued by the Bank, the loan amount was repayable in 36 Equated Monthly Instalments (EMIs), which were promptly debited from the SB Account of the complainant.  While the final 36^th instalment was due to be debited on or after 07.04.2007 as per the Amortization Schedule, on the said date, the co-applicant/husband of the complainant visited the office of the 2^nd OP to close the loan account and to get the NDC, whereupon, the Bank demanded additional payment and, on the same date, the complainant credited a sum of Rs.8,924/- to the loan account.  Having been authorized to debit only a sum of Rs.1,962/- towards monthly instalment, on the very same date, the Bank once again debited a sum of Rs.3,924/- by way of ‘auto-debit’ and credited the said sum to the loan account. Although the Bank had represented that the NDC would be dispatched to the complainant’s address within 2 days by Post, they proceeded to debit another sum of Rs.1,962/- on 09.04.2007 and deliberately avoided the issuance of NDC.  After a long period of time, the staff and agents of the Bank started intimidating the complainant and her aged parents for further payment and finally, they issued a legal notice, dated 02.02.2012, baselessly demanding a sum of Rs.20,178/-, despite knowing well that the said demand is barred by limitation since the last EMI, that fell way back on 07.04.2007, was duly paid.  By the act of the Bank in making such illegal demand and continuously harassing the complainant through its staff and agents, the complainants were subjected to mental agony and strain.   A legal notice, dated 21.02.2012, was sent to both the Ops, however, they did not respond to the same.  Hence, the complaint came to be filed seeking to direct the OPs jointly and severally to issue the NDC as on the date of its issue, to pay a compensation of Rs.1,00,000/- towa

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