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D.o.F:6/1/2011
D.o.O:18/4/2011
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC 5/2011
Dated this, the 18th day of April 2011
PRESENT:
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT.BEENA.K.G : MEMBER
Mukkunnoth Muhammed Kunhi,
S/o Moideen Kunhi,
Mukkunnoth House, Bara PO, : Complainant
Udma,Kasaragod.
(in person)
1. Abhilash, Manager,
2. Ratheesh, Field Officer : Opposite parties
IndusInd Bank, Kanhangad.
(Adv.MuraleeKrishna,Hosdurg)
ORDER
SMT.P.RAMADEVI : MEMBER
This complaint is filed by Mr.Abhilash against opposite parties alleging deficiency in service.
The complainant with an intention to purchase a new car approached the opposite parties bank for obtaining a loan. The opposite parties agreed to grand loan to the complainant and received an initial payment of `9500/- on 16/11/2010. But subsequently the opposite parties refused to give the loan. Then the complainant approached the opposite parties and demanded the refund of ` 9500/- which he paid as initial payment. But inspite of repeated demands ie, he had gone to the office of opposite parties 12 times opposite party did not refund the amount. Then he filed this complaint for necessary reliefs. According to the complainant refund of loan after receiving initial payment amounts to deficiency in service and he also sustained mental agony and sufferings.
2. Opposite parties appeared and filed their version. According to opposite parties after receiving the initial instalment from the complainant they enquired about the complainant and they were not satisfied with the complainant. Hence they constrained to refund the advance amount. According to opposite parties they agreed to refund the amount which they received from the complainant as initial payment but the delay caused because the refund is to be done by the Head office of IndusInd bank which is situated at Kochi. But after receiving the DD for `9500/-. Hence opposite parties inform the complainant to collect the DD. But the complainant did not turn up to collect the DDs. Hence the opposite parties informed this fact to the complainant through registered notice . After that he filed this complaint. Hence this complaint is liable to be dismissed. Along with the version the opposite parties produced 2 DDs worth `8000/- and `15000/- { `15000/-(corrected `1500/-(one thousand five hundred) Reviewed as per order in IA 125/11) each. During the pendency of the complaint the complainant collected the DDs from the Forum.
3. Here both parties adduced oral evidence and Exts.A1&Ext.B1 marked. Ext.A1 is the receipt issued by opposite parties for initial payment made by the complainant. Ext.B1 is the registered notice refused by the complainant. Eventhough the complainant received the entire amount which he had paid to the opposite parties the complainant is proceeding with this complaint for compensation for mental agony and sufferings and also for cost of the proceedings.
4. On considering the facts and circumstances of the case we are of the opinion that there is deficiency in service on the part of opposite parties. The refusal of loan is not a deficiency in service. The bank can refuse or accept the loan applications of the customers according to their discretion. But here the opposite parties agreed to give loan and received the initial payment before making any enquiry about the financial capacity etc of the customer, before receiving the initial payment. That constitute deficiency in service . For that the complainant has to be compensated.
Hence the complaint is allowed and the opposite parties are directed to pay `1000/- towards compensation and `1000 /- as costs of the proceedings. Time for compliance is limited to 30 days from the date of complaint till payment.
Sd/ Sd/ Sd/
MEMBER MEMBER PRESIDENT
Exts.A1- copy of receipt
B1-returned registered notice
PW1- Mukkunnoth Muhammed Kunhi- complainant
DW1-Sumesh.C- witness of OP
Eva /Forwarded by Order/
SENIOR SUPERINTENDENT
