Date of filing :23.10.2019 Date of order :27.09.2022 MAHARASHTRA STATE CONSUMER DISPUTE REDRESSAL COMMISSION,MUMBAI, BENCH AT AURANGABAD.

FIRST APPEAL NO. : 1513 OF 2019 IN COMPLAINT CASE NO.: 383 OF 2019 DISTRICT CONSUMER FORUM : AURANGABAD Corporation Bank, Branch Town Centre, N-5, Cidco, Aurangabad through its Authorised Senior Manager, Mrs.Vijay Shivaji Hiwale. … APPELLANT VERSUS Navnath Ramnath Nikam, R/o Presently residing at H.No.L-60, Tisgaon, Near A.S.Club, CIDCO, Waluj, In front of Mahanagar-II, Aurangabad Dist.Aurangabad. …. RESPONDENT CORAM : Smt.S.T.Barne, Hon’ble Presiding Judicial Member.

Mr.K.M.Lawande, Hon’ble Member.

Present : Adv. A.B.Kadam for appellant.

J U D G M E N T (Delivered on 27/09/2022)

Per Mr.K.M.Lawande, Hon’ble Member.

(1) Being aggrieved by the judgement and order of District Consumer Dispute Redressal Forum, Aurangabad in C.C.383/2019 dated 25/09/2019, the appellant has filed this appeal.

(2) The appellant is the opponent and the respondent is the complainant in the consumer complaint. The appellant and respondent are here in after referred to as the opponent and complainant as per their status in the consumer complaint and the District Consumer Dispute Redressal Forum is being referred to as District Forum for the sake of convenience.

(3) It is the case of complainant that he obtained the loan of Rs. 2.5 lakhs on 19/01/2011 from the opponent. The agreed rate of interest is 11.65% on floating rate basis. The repayment of the loan was to be made in 84 months with EMI of Rs.4367/-. The complainant paid all the installments as per repayment schedule without any default on his part. However, after total repayment of the loan, the opponent without intimation to the complainant deducted Rs.11209/-from the complainant's account. The opponent did not reply to the application of the complainant and asked the complainant to approach the main branch at Pune. The Pune branch also did not give response to the complainant when complainant approached it. Therefore, the complainant constrained to file consumer complaint seeking directions of District Forum against the opponent to transfer the amount of Rs.11209/- to the account of complainant and also claimed Rs.20,000/-

towards mental agony.

(4) The opponent filed written statement before the District Forum and denied all adverse contentions. It is the contention of opponent that they sanctioned the loan to the complainant with floating rate of interest. The loan account number of the complainant is CVEHI 560761000418269 with new account number as 560761000418269. The amount of Rs.11209/- is due and payable by the complainant as on 07/03/2018. On 07/03/20 amount of Rs.11,209/- was recoverable from complainant. The complainant has not repaid all the instalments with floating rate of interest . Therefore, the aforesaid amount is due from the Complainant. After recovering said amount from complainant there will be zero balance. Therefore, the opponent prayed to dismiss the complaint.

(5) The District Forum allowed the complaint directing the opponent to recover the loan at the rate of interest of 11.65 % and issue a afresh statement of account within 30 days. The District Forum also awarded Rs.2,000/- towards the mental agony.

(6) Being aggrieved by the judgement and Order of the District Forum, the opponent has filed this appeal on the ground that the loan was obtained by the complainant by agreeing floating rate of interest at 11.65%.There are terms and conditions in the loan agreement. The condition No.23 specifically states that, the sanction(s)accorded by the bank, does not vest in any one right to claim any damages against the bank for any reasons whatsoever. Therefore, the complainant has no right to initiate any proceeding to claim against the bank. This aspect has been ignored by the District Forum. The complainant has closed the account on 07/03/2018 , obtained no dues certificate on 08/03/2018 and filed this consumer complaint on 05/11/2018 to defame the bank.