HDFC Bank has been directed by a consumer forum here to pay Rs 55,000 as compensation to a man for "lifting" his motorcycle, purchased by him after taking a loan from it, without intimating him.
The central Delhi district consumer disputes redressal forum asked the bank to pay the compensation holding that it was deficient in service as it had lifted the motorcycle of the loan borrower without serving any notice to him.
"In the absence of the terms and conditions of the loan agreement and service of recall notice, the lifting of the bike from outside the residence of the complainant cannot be said to be voluntary. "The bank committed deficiency in service by lifting the vehicle without a notice to the complainant and consent of the complainant," a bench headed by its President B B Chaudhary said while directing the bank to pay Rs 50,000 as compensation and Rs 5,000 as litigation cost to the complainant.
The order came on a plea filed by Delhi-based Shyam Prakash Brijwasi who said he had purchased a motorcycle and over Rs 50,000 was financed in 2008 to him by Centurion Bank which later merged with HDFC Bank.
Brijwasi moved the forum for compensation and litigation cost saying the bank had "lifted" his bike without intimating or serving any notice to him.
The bank contested his plea contending there was no deficiency in its service and Brijwasi had entered into a loan agreement but he defaulted in repayment of loan of Rs 53,550 and a majority of his cheques were dishonoured.
It said Brijwasi paid some amount after repeated reminders after which it issued a loan recall notice to him but he neither replied to the same nor paid the outstanding
The consumer forum, however, rejected the bank's ontention saying it had failed to place on record the cop of the loan recall notice and also the record of sending it to the complainant.