IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Date of Institution: 08.05.2019
Date of hearing: 03.12.2021
Date of Decision: 23.12.2021
CONSUMR COMPLAINT NO.- 474/2019
IN THE MATTER OF
Mr. Charanjit Singh
S/o Mr. Manohar Singh
R/o C-782, Ground Floor,
New Friends Colony, New Delhi
Sole proprietor of M/s Bhai Pardhan Singh & Sons
Having its office at 553-A
Katra Ishwar Bhawan, Khari Baoli
New Delhi – 110006.
(Through: Ms. Manmeet Arora, Advocate) …Complainant
VERSUS
HDFC Bank Limited.
Having its registered office at
HDFC Bank House,
Senapati Bapat Marg, Lower Parel,
West Mumbai 1400013
Having its Branch office at:
536, Mahalaxmi Building,
Chandni Chowk,
Delhi-110006.
(Proceeded ex-parte vide order dated 13.01.2020)
HON’BLE MS. PINKI, MEMBER (JUDICIAL)
HON’BLE MS. BIMLA KUMARI, MEMBER (FEMALE)
Present: Ms. Manmeet Arora, advocate
None for Opposite Party, (proceeded ex-parte vide order dated 13.01.2020)
PINKI, MEMBER (JUDICIAL)
ORDER
- The Complainant has filed the complaint against the Opposite Party on 08.05.2019 seeking the following reliefs:
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B. Pass an order directing the Opposite Party to refund the sum of Rs.4,80,110/- (Rupees Four Lakhs, Eighty Thousand, One Hundred and Ten only) wrongly charged as interest on 31.12.2017, 31.01.2018 and 28.02.2018, along with interest at the rate of 18% per annum thereto till the date of actual realization of the said money;
C. Pass an order directing the Opposite Party to pay the sum of Rs.4,00,000/- (Rupees Four lacs only) to the Complainant as compensation towards the undue mental harassment and agony caused by the Opposite Party to the Complainant;
D. Pass an order directing the Opposite Party to pay the sum of Rs.2,52,833/- (Rupees Two Lakhs Fifty Two Thousand, Eight Hundred Thirty Three only) to the Complainant as damages for causing wrongful loss of the income to the Complainant, along with interest at the rate of 18% per annum thereto till the date of actual realization of the said money;
E. Pass an order restraining the Opposite Party from deducting any amount from the bank account of the Complainant bearing no.50200001647389 without obtaining prior written consent of the Complainant;
F. Pass an order directing the Opposite Party to pay the actual legal costs incurred by the Complainant towards prosecution of the present complaint;
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- Briefly stated the case of complainant is that the Complainant is a self-employed individual running a sole proprietorship “M/s Bhai Pardhan Singh & Sons” and is in the business of importing dry fruits, spices and allied products. The Complainant had availed ‘banking services’ from the Opposite Party for valuable consideration between the years 2013-2017 exclusively for the purpose of earning his livelihood by means of self-employment. Prior to availing banking services from the Opposite Party, the Complainant had availed credit facility from Punjab & Sind Bank. Since Complainant needed credit facility to the tune of Rs.8,00,00,000/- to earn his livelihood, it was agreed between the parties that Opposite Party shall take over the credit facilities provided to the Complainant by Punjab & Sind Bank.
- On 30.05.2013 Opposite Party sanctioned credit facilities, being a floating interest rate term loan, for amount of Rs. 8,61,14,000/- by way o