A/1513/2019

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. :1513OF 2019

IN COMPLAINT CASE NO.: 383OF 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

A/1513/2019

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

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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 Dis

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