DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD
Dated this the 22nd day of October 2012
Present: Smt.Seena.H, President
: Smt.Preetha.G.Nair, Member
: Smt.Bhanumathi.A.K, Member Date of Filing : 11/04/2012
CC No.73/2012
Radhakrishnan,
S/o.Kunju (Late),
Ambadath,
Muthukurissi (PO),
Thachambara,
Palakkad - Complainant
(By Adv.Manoj Ambat)
Vs
1.President,
Kerala Vyapari Vyavasayi
Ekopana Samithi,
Thachambara, Palakkad
(By Adv.P.Sreeprakash)
2.Secretary,
Kerala Vyapari Vyavasayi
Ekopana Samithi,
Thachambara, Palakkad - Opposite parties
(By Adv.P.Sreeprakash)
O R D E R
By Smt.BHANUMATHI.A.K MEMBER
Complainant is a person who is doing retail business for his livelihood. The complainant has taken an amount of Rs.50,000/- as loan from State Bank of Travancore through the Vyapari Vyavasai Ekopana Samithi on 14/11/2006. Complainant has repaid an amount of Rs.51,975/- through Vyapari Vyavasai Ekopana Samithi. But the Vyapari Vyavasai Ekopana Samithi has not paid nearly Rs.8,000/- to the Bank. When the complainant enquired with the office bearers of the said Samithi, the complainant was informed that the office bearers are already changed and the present officers are not responsible for the loss suffered by the complainant. Now the complainant is under the fear of Revenue Recovery proceedings. Due to the deficiency of service on the part of opposite parties the complainant suffered monitory loss and mental agony. So the complainant seeking an order directing the opposite parties to pay an amount of Rs.50,000/- as compensation for mental agony.
Opposite parties entered appearance and filed version. Opposite parties admit that the complainant had availed loan from State Bank of Travancore. Organization is only a mediator in the above transaction and has no role to play. It is not correct to say that the complainant has repaid Rs.51,975/- through the opposite parties. The initials in the pass book produced along with the complaint is not that of the opposite party. The amount has to be remitted either in the bank or to the treasurer. If amount is paid to the treasurer receipt will be issued. It is the duty of the complainant to collect receipts if any payment is made. The endorsement in the pass book appears to have been made by the complainant himself for making unlawful enrichment. So the complaint is liable to be dismissed with cost of the opposite party.
Both parties filed their respective affidavits. Ext.A1 to A4 marked on the side of the complainant. No documentary evidence is adduced by opposite parties.
Matter heard.
Issues to be considered are;
1. Whether there is any deficiency in service on the part of opposite parties?
2. If so, what is the relief and cost?
Issue No.1 & 2
The case of the complainant is that he has taken an amount of Rs.50,000/- as loan from State Bank through the Vyapari Vyavasai Ekopana Samithi on 14/11/06. The complainant has repaid an amount of Rs.51,975/- through opposite party. The complainant was under the impression that the amount has been deposited by them in the bank. On 11/5/12 the complainant was informed by the State Bank of Travancore, Kalladikode that he had made a balance of Rs.8,991/-. According to the complainant he has paid the entire amount to the Vyapari Vyavasai Ekopana Samithi. Ext.A2 document, pass book, shows that the amount has been paid by the complainant to the opposite party. In some portions of the A2 document payments are initialized by somebody and some portion doesn’t carry any initials. Opposite parties admits that the Passbook is issued by them, but the initials are not that of opposite party. No steps were taken by the complainant to prove that the initials in the A2 are that of opposite parties. When the complainant approached the opposite party, they informed that the office bearers have been changed and the present office bearers do not have any responsibility. Opposite party contents that the organization is only a mediator in the transaction. If amount is paid, the receipt will be issued. The complainant produced only one receipt dated 30/12/2009 of Rs.100/- that is Ext.A1. In Ext.A4 document it is seen the amount carries interest at the rate of 15.50% p.a. Ext.A3 document it is seen that the complainant has made a balance of Rs.8,991/- and the said amount should be remitted before 21/5/12 with interest and notice charge.
The loan amount of Rs.50,000/- is taken by the complainant from the bank was on 14/11/2006. According to the complainant he has paid an amount of Rs.51,975/- to the opposite party. So Rs.1,975/- will not be sufficient for closing the loan amount as the amount carries interest at 15.50% p.a.
From the above discussions we are not in a position to attribute any deficiency of service on the part of opposite party.
In the result complaint dismissed. No order as to cost.
Pronounced in the open court on this the 22nd day of October 2012.
Sd/-
Seena.H,
President
Sd/-
Preetha.G.Nair,
Member
Sd/-
Bhanumathi.A.K,
Member
APPENDIX
Exhibits marked on the side of the complainant
Ext.A1 –Receipt for Rs.100/- issued by
opposite party to the complainant
Ext.A2 – Pass Book issued by opposite party to the complainant.
Ext.A3 –Recovery notice issued by SBT, dated 11/5/12 to the complainant
Ext.A4 –Photocopy of statement of account of complainant issued by SBT.
Exhibits marked on the side of the opposite part
Nil
Cost
No cost allowed.
