CHHAYA SHARMA Vs. BRANCH MANAGER

JUDGEMENT

(1.) The present Revision Petition is filed by the Petitioner under Sec. 21(b) of the Consumer Protection Act, 1986 against the Order passed by the State Consumer Disputes Redressal Commission, Delhi (hereinafter referred to as the "State Commission") in Appeal No. 106/2011 dated 27.10.2016.

(2.) The Petitioner/Complainant was having A/c No. 10226283374 with SBI, Karawal Nagar branch i.e. Respondent No.1/Opposite Party No.1. The Petitioner took a car loan of Rs.2,60,000.00 from HDFC Bank i.e. Respondent No.2, vide Loan A/c No. 13104309. The Petitioner had to repay the loan in 48 installments of Rs.7054.00 each. ECS mandate was given so that the instalments of Rs.7054.00 per month automatically got deducted and would go to Respondent No.2.Eleven cheques of the Petitioner got bounced and Rs.4400.00 was deducted @Rs.400.00 per cheque (bounced). Out of eleven cheques, 3 got bounced due to insufficient funds and the rest 8 cheques bounced due to invalid account number, though as per the statement of account of Respondent No.1, there was sufficient balance available. Hence, Complaint was filed praying that the amount of Rs.4400.00 (bouncing cheques) be reversed in the Account of the Petitioner. It was further prayed that statement of account be corrected without issuing any abeyance of cheques. Compensation of Rs.10 Lakhs was also sought.

(3.) The Complaint was contested by Respondent No.1 that the Complaint was absolutely false, frivolous & vexatious and the same had been filed to put undue pressure upon Respondent No1. It was further submitted that there was no privity of contract between the Petitioner and Respondent No.1 and no deficiency on the part of the Respondent No.1. Therefore, the Complaint was liable to be dismissed with heavy cost. On merits, it was denied that the Petitioner had given correct ECS number to Respondent No.1. Respondent No.2 was the sponsored Bank and a single standard format approved by RBI was filled in by the user and sent to the sponsored Bank. The sponsored Bank sent floppy to RBI for electronic clearing. The sponsored Bank was responsible to give mandate to RBI & destination Bank. In this case, the sponsored Bank had given mandate number as 283374 which was incorrect. ECS could not be processed for 8 times as no account was found due to incorrect ECS mandate. Out of these ECS, one was returned with remark insufficient fund, two returned inadvertently by mistake and two ECS were returned as mandate was incorrect and Account could not be found. There was no negligence on the part of the answering Respondent and hence, it was prayed to dismiss the Complaint.