D.O.F:15/10/2020
D.O.O:10/01/2022
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.No.137/2020
Dated this, the 10th day of January 2022
PRESENT:
SRI.KRISHNAN.K :PRESIDENT
SRI.RADHAKRISHNAN NAIR.M : MEMBER
SMT.BEENA.K.G : MEMBER
Bijesh
Mandrakalam, Cherupanathady
Panathady – P.O, Rajapuram (Via) : Complainant
Kasaragod - 671532
And
Anilkumar
The Branch Manager
Union Bank of India,
Malakallu Branch, Malakallu.P.O : Opposite Party
Rajapuram (Via) 671532
(Adv: K. Sanjayan Nambiar)
ORDER
SMT.BEENA.K.G: MEMBER
The grievance of the complainant Sri. Bijesh is that he approached Union Bank Malakallu Branch for an agricultural loan of Rs. 75,000/- under P.M Kisan project. Opposite Party after perusing his documents informed him through message that he is eligible for the loan. As per the direction of Opposite Party complainant collected tax receipt possession certificate, Aadhar copy and other documents. After submitting all documents to the Opposite Party bank the then Manager evaded the queries of the complainant. Opposite Party took signatures from complainant and his wife in white papers on 07/09/2020. The then manager proposed to make ‘site visit’ but after passing half of the way to the site he returned back. The act of Opposite Party caused severe mental agony and loss to the complainant. Thereafter Opposite Party dropped further proceedings in complainant’s loan application. Hence this complaint seeking direction against Opposite Party the then manager for an amount of Rs. 1,15,000/- as compensation for deficiency in service.
Advocate K. Sanjayan Nambiar appeared and filed version for Opposite Party. Opposite Party filed version denying all allegations of the complainant. According to Opposite Party the complaint is frivolous speculative and not maintainable in law. Opposite Party admitted that the bank records show that the complainant had filed application on plain white sheet dated 13/08/2020 for an agricultural loan to the then manager of Opposite Party. The encumbrance certificate for the period from 01/01/2005 to 08/07/2020 reveals that the complainant had availed loan and created registered mortgage in respect of his property with Panathday Service Co-operative Bank Poodamkallu Branch by execution of registered Gahan No: G/916/2019. The then manger in the presence of the officer has informed the complainant that he has to close the loan with the above Co-operative bank and to get mortgage release deed so as to further proceed with the loan asked for the Union Bank of India Malakallu Branch. Thereafter the complainant had not turned up to further to pursue the loan. Opposite Party denied the allegation that the then manager had obtained the signature of the complainant and his wife in several papers affixed with revenue stamp. The further contention that the then manager on 07/09/2020 on the way to the complainant’s property had returned half way without assigning any reason is also denied. The complaint filed misconceived. The Union Bank of India Malakallu Branch is not a necessary party in the complaint. The complainant has no locus standy to maintain the complaint and he has not sustained any mental agony as claimed in the complaint. Hence the complainant may be dismissed with compensatory cost.
The complainant filed proof affidavit document produced are marked as Ext A1 to A3. No cross recorded.
The main question raised for consideration are:-
- Whether there is deficiency in service on the part of Opposite Party.
- Whether the complainant entitled for relief?
- What is the relief?
For convenience issue No: 1,2, and 3 can be discussed together .
The Complainant approached Opposite Party for an agricultural loan of Rs. 75000/- . The Opposite Party after perusing complainants documents informed that he is eligible for loan. As per the direction of the then manager complainant collected all documents required for agricultural loan and submitted it before the then manager.
Ext A1 is the possession certificate Dt: 11/07/20, Ext A2 is the tax receipt, Ext A3 is the encumbrance certificate Dt: 21/04/2018, for the period from 01/01/2005 to 08/07/2020, Ext A3 revealed that the complainant had already registered mortgage in respect of his property with Panathdy Service Co-operative Bank Poodamkallu Branch execution of register Gahan No;G/916/219. In the version Opposite Party stated that the bank manager in the presence of officers informed the complainant that he has to close the loan with the above cooperative bank and get the mortgage release deed so as to further proceed with the loan application given to Union Bank Of India Malkallu Branch.
We carefully gone through the complaint, version, affidavit and documents. Here the complainant failed to prove deficiency in service on the part of Opposite Party Ext A3 shows that complainant had already availed a mortgage loan from Panathady Service Co-operative bank pledging his properly. The bank Manager directed the complainant to clear the loan with Panathady Service Co- operative bank. The complainant has not produced any document to show that he had cleared the loan with Panathady Service Co-operative Bank taken by pledging the title deed of his property
In the absence reliable evidence we are of the opinion that the complainant has not sustained any mental agony as claimed in the complaint and is not entitled for the amount claimed in the complaint. Hence the complainant is dismissed with no order as to cost.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exhibits
A1- Possession Certificate
A2- Tax receipt
A3-encumbarance certificate
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
Senior Superintendent
Ps/
