BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION : HYDERABAD.

F.A.No. 488 OF 2020 AGAINST ORDERS IN C.C.8/2018 DISTRICT CONSUMER COMMISSION-II, HYDERABAD Between:

1. The Chairman, Head Office, Bank of Baroda, 41/2, Mahatma Gandhi Road, Stage -2, Ulsoor, Bangalore -560 001.

2. Executive Director, Head Office, Bank of Baroda, 41/2, Mahatma Gandhi Road, Stage -2, Ulsoor, Bangalore -560 001.

3. Regional Manager, Mr.Satyanarayana Raju, Regional Office, Bank of Baroda, 3-6-289.

First Floor, Kareem Manzil, Old MLA Quarters Road, Hyderguda, Hyderabad-29.

4. Chief Manager, Mr.Arun Krishna Bakkshi, Bank of Baroda, 3-6-289, First Floor, Kareem Manzil, Old MLA Quarters Road, Hyderguda, Hyderabad-29.

5. AGM Bank of Baroda, D.No.1-4-79/42/6/A/1, Street No.8, Bakaram, Gnadhinagar, Hyderabad-500 080.

………..Appellants/Opposite Parties And:

K.Vijaychamundeswari, W/o K.Chandrasekhar, Hindu, Aged about 51 years, 101, Shri Salasar Pride, Nagarjuna Nagar Colony, Hyderabad – 73.

……..Respondent/Complainant Counsel for the Appellants/Opposite Parties : M/s. Mannava Sravan Kumar Counsel for the Respondent/Complainant : Party-in-person QUORUM :

HON’BLE SMT. MEENA RAMANATHAN, I/c PRESIDENT &

HON’BLE SRI. V.V.SESHUBABU, MEMBER – (JUDICIAL)

WEDNESDAY, THE 21^st DAY OF MAY TWO THOUSAND TWENTY FIVE **********

Order : PER HON’BLE SRI. V.V.SESHUBABU, MEMBER – JUDICIAL

1. The appeal is filed U/s 41 of Consumer Protection Act, 2019 by the Opposite Parties, aggrieved by the order of District Consumer Commission-II, Hyderabad, dated 29.06.2020 in CC 8/2018 where under the opposite parties were directed jointly and severally to (i) refund the amount paid by the complainant at a tune of Rs.82,000/- which she paid on 08.11.2017; (ii) to pay an amount of Rs.1,00,000/- for mental agony, harassment apart from trauma caused to her in due course of illegal seizure of the vehicle and also for causing damage of her reputation due to deficiency of services apart from adoption of unfair trade practice upon the part of opposite parties; (iii) to pay Rs,10,000/- towards the costs of the litigation (iv) in view of the disposal of the main C.C. all the Interim Applications if any, pending with the CC shall stands closed. Time for compliance is 30 days from the date of receipt of this order; in default the opposite parties shall pay interest @ 9% per annum on Rs.82,000/- with effect from 08.11.2017 i.e. from the date of its payment till realization.

2. The brief averments of the complaint are that the complainant obtained a vehicle loan vide No.408508411000156 of Rs.9,95,000/- on 05.07.2016 from the opposite party’s Bank with monthly EMI of Rs.21,170/- to be paid on 30^th of every month. The complainant has been paying the installments regularly, but due to her health issues, had undergone surgery in August 2017, she could not visit the opposite party No.5 bank, but her husband visited the said Bank and informed the Manager about her health issues and made the payments regularly. The total amount to be paid as EMI from August 2016 to October 2017 is Rs.3,17,550/- only, irrespective of health problems, the complainant cleared the EMI and paid an amount of Rs.2,96,080 from August 2016 to October 2017.

3. That on 02.11.2017 the opposite party sent two letters regarding recovery of loan amount of Rs.8,60,377.56/- up to date of interest payable within 07 days of the receipt and another is demanding to pay Rs.3,77,526/- towards arrears of EMI. In the said letter, the opposite party has mentioned that they have received an amount of Rs.2,96,086.11ps from the complainant, so it is very clear that there are no dues towards the EMI and in the same letter, the opposite party No.5 demanded to pay Rs.81,439/-, but failed to mention under which head the complainant is liable to pay the said amount. Immediately, the complainant approached the opposite party No.5 and enquired the same but there was no proper response from them, so it went in vain.

4. On 07.11.2017 the recovery agents of the opposite