STATE CONSUMER DISPUTES REDRESSAL COMMISSION
THE R S WINDTECH ENGINEERS PRIVATE LIMITED THROUGH ITS AUTHORIZED REPRESENTATIVE MR.T.S.GUNAPALAN – Appellant
Versus
THE MANAGING DIRECTOR/ CHIEF EXECUTIVE OFFICER – Respondent
SC/CB1/33/CC/9/2025
Date of filing : 18.07.2025.
BEFORE THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CIRCUIT BENCH, MADURAI.
Present: Hon’ble THIRU JUSTICE R.SUBBIAH: PRESIDENT SC/CB1/33/CC.9 OF 2025 Friday, the 13th day of March, 2026 The R S Windtech Engineers Private Limited, Rep. by its Authorized Representative Mr.T.S.Gunapalan, S/o Thommai Villavarayer, No.8/126, E3 Main Road, Aralvaimozhy, Thovalai, Kanyakumari - 629 301. ... Complainant Vs.
1. The Managing Director/
Chief Executive Officer, Axis Bank Ltd., "Axis House", 7th Floor, C-2, Wadia International Centre, Pandurang Budhkar Marg., Worli, Mumbai - 400 025.
2. The Branch Manager, Axis Bank Ltd., Loan Centre, Lakshmi Commercial Arcade, 2nd Floor, North High Ground Road, Tirunelveli - 627 002. ... Opposite Parties For the Complainant: M/s. R.S.Niranjan HEARD THROUGH VIDEO CONFERENCE This complaint came before me for final hearing, today
13.03.2026, through Video Conference and upon hearing the arguments and upon perusing the documents, the material records, this Commission made the following:
ORDER JUSTICE R. SUBBIAH, PRESIDENT.
This Complaint has been filed under Section 35(1) of the Consumer Protection Act, 2019 for the following reliefs:
i. Directing the Opposite Parties to pay a sum of Rs.27,40,000/- with interest as compensation for the loss suffered by the complainant in his business due to the deficiency in service rendered by the opposite parties;
ii. Directing the Opposite Parties to repay a sum of Rs.5,56,573/- paid to the 2nd Opposite Party as foreclosure charges with interest;
iii. Directing the Opposite Parties to pay a sum of Rs.10,00,000/- as compensation for the mental agony and sufferings of the complainant;
iv. Directing the Opposite Parties to pay a sum of Rs.25,000/- towards the cost of litigation expenses to the complainant.
This complaint filed by the complainant namely SC/CB1/33/CC.9 OF 2023 was placed before this Commission by the Registry on the ground of maintainability of the complaint.
2. The brief facts of the complaint filed by the complainant is as follows:-
The complainant company, namely The R.S.Windtech Engineers Private Limited, is an established wind farm service provider and has been leading in its business since its inception in 1996. The complainant company provides services to its clients such as installation, repowering, make change, decommissioning and life extension studies of WTGs, operation and maintenance, crane services, repair works of windmill components through a fully equipped workshop, electronics lab, hydraulic lab, and other windmill related jobs. The company offers an integrated end-to-end solution and diverse services in the wind farm and solar industry. The operations of the complainant company span across the country, from Tamil Nadu to states like Karnataka, Andhra Pradesh, Maharashtra, Rajasthan, Gujarat, Madhya Pradesh, and others. While so, the complainant approached the 2nd opposite party for obtaining a construction equipment loan for the purchase of an LR1400 Crawler Crane with Accessories. The 2nd opposite party agreed to provide the loan and entered into a loan agreement dated 12.03.2020. A loan amount of Rs.7,40,00,000/- was sanctioned to the complainant vide Loan A/c No.UER025805150557. The complainant was asked to furnish the originals of the following documents to the 2nd opposite party against financing the LR1400 crawler crane with accessories:-
1. Commercial Invoice R02 10005036 dated 05.07.2010 (Original)
2. Tax Invoice dated 30.07.2018 (Original).
3. Original Bill of Entry dated 01.09.2010 (Duplicate importer copy)
4. No Due certificate from ICICI Bank dated 10.08.2018
5. No Due certificate from L & T Finance dated 02.06.2016.
6. Loan closure letter from HDFC Bank dated 20.08.2016.
7. Bill of Lading dated 30.06.2010 (original)
8. Seller Letter from Shethia Erectors and Material Handlers Ltd dated 30.07.2018(Original)
9. Closure letter from TATA Capital Finance Services Limited dated 08.08.2020(Original).
The complainan
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