BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION: AT HYDERABAD

F.A.No. 34 OF 2014 AGAINST C.C.NO.64 OF 2011 DISTRICT CONSUMER FORUM-III  HYDERABAD

Between

HDFC Bank Limited

Retail Asset Division

H.No.6-1-70, Ground Floor,

Ashok Complex, Lakdkapool

Hyderabad, rep. by its Manager-

Legal Mr.A.Raja S/o Narayana Rao

Age 33 years, Occ: Pvt Service

R/o Hyderabad

                                                                             Appellant/opposite party no.1  

          A N D

1. B.V.Narasimha Reddy

S/o late B.Krishna Reddy

Aged about 67 years,

Occ: Practicing Advocate

R/o H.No.2-2-1164/15/1,

Tilaknagar, New Nallakunta

Hyderabad-500 044

                                                                             Respondent/complainant

2. Vijaya Bank

Rep. by tis Branch Manager

Door No.2/1/460/1, Nallkunta

University Road, Hyderabad-500 044

                                                             Respondent/opposite party no.2

Counsel for the Appellant                  M/s Lotus Law Associates

Counsel for the Respondent No.1      Served

Counsel for the Respondent No.2      Served

QUORUM             :

HON’BLE SRI JUSTICE B.N.RAO NALLA, PRESIDENT

&

SRI PATIL VITHAL RAO, MEMBER

TUESDAY THE TWENTY NINETH DAY OF AUGUST

TWO THOUSAND SEVENTEEN

Oral Order : (per Hon’ble Sri Justice B.N.Rao Nalla, Hon’ble President)

***

          This is an appeal filed by the opposite party No.2 aggrieved by the orders of the District Forum-III, Hyderabad dated 13.11.2013  made in CC No.64 of 2011 directing the opposite party no.1 to pay a sum of Rs.30,000/- and the opposite party no.2 to pay a sum of Rs.30,000/- towards compensation and both the opposite parties were directed to pay costs of Rs.1,000/-.  It is also directed to the opposite party no.1 to send a report to the CIBIL requesting to remove the flat of the defaulter against the complainant if such repot is not sent already and if the name of the complainant has not yet been removed from the defaulter’s list.    

2.                For the sake of convenience, the parties are referred to as arrayed in the complaint.

3.                The case of the complainant , in brief, is that  he availed an Auto Loan for Rs.3,10,000/- from HDFC Bank Ltd., which was repayable in EMIs of Rs.6,569/- commencing from January 2007 and ending on December 2012. The Complainant holds a Savings Bank Account with Vijaya Bank and the EMIs were paid to HDFC Bank through his cheques drawn on Vijaya Bank.  While so,  in the month of November 2008, an agent of HDFC Bank met him and submitted that his EMI cheque was dishonoured and hence a sum of Rs.450/- was levied as penalty. The Complainant refused to pay the same and demanded the first Opposite Party to furnish details of the dishonoured cheque. To his utter dismay the agent of the first Opposite Party continued to call him in the months of November, and December 2008 and January 2009 demanding the payment and harassing him through phone calls made at odd hours. The   Opposite Party no.1  issued a computer