This Complaint coming before us for final hearing on 18-03-11 in the presence of complainant and opposite party remained exparte, upon perusing the material on record and having stood over till this day for consideration, this Forum made the following:-
O R D E R
Per Sri A. Hazarath Rao, President:-
The complainant filed this complaint under The Consumer Protection Act, 1986 seeking a direction on opposite party for not collecting processing and administrative charges under circler No.666/1/ED/D-1826 dt.27-03-04.
2. In brief the complaint averments are hereunder:
The complainant retired as Administrative Officer in Agricultural College, Bapatla. All employees of ANGRAU, Bapatla were exempted from payment of processing and quarterly administrative charges as per the letter No.666/1/ED/D-1826 dt.27-03-04 issued by the Head Office, Andhra Bank, Hyderabad. The opposite party did not collect processing charges for the loan availed by complainant on 30-10-04. The complainant took loan again on 10-10-05 and it is subsisting. But the bank charged processing and quarterly administrative charges. The opposite party has no authority to collect processing and administrative charges as per the above circular. The complaint therefore be allowed.
3. The right of opposite party to file version was forfeited on 13-07-10 and as such the question of filing of affidavit of opposite party did not arise. Under those circumstances, the opposite party was set exparte on 07-01-11.
4. Ex.A1 and A2 were marked on behalf of complainant.
5. Now the points for consideration are
- Whether the opposite party committed deficiency of service?
- To what relief the complainant is entitled to?
6. POINT No.1
The statement of account issued by opposite party marked as Ex.A2 revealed that the complainant was working as Office Superintendent in Agricultural College, Bapatla. The circular issued by Head Office to Zonal Office marking a copy to Agricultural College Branch, Bapatla was marked as Ex.A1 and it reads as follows:
Dear Sir,
Sub: Agrl. College Branch, Bapatla A/c Employees of ANGRAU & Argi. High Tech Hindu College Branch A/c Employees of Hindu College
Ref: Your Lt.No.226/16/M-203/1146 dt.16-02-04 – Waiver of ceiling, Finer Rate of Interest & waiver of processing of under higher quantum of Clean Loan
With reference to the above, we communicate herewith executive decision in having accorded permission to Zonal Office as under
Name of the Branch | Name or the Organization/Employees | According Administrative Clearance for |
Agrl. College Br., Bapatla | Acharya N.G.Ranga Agricultural University (ANGRAU) Employees | - Granting finer rate of interest @ BMPLR+1.50% (12% presently).
- Waiver of Processing and Quarterly Administrative Charges.
|
Agrl. High Tech Hindu College Br., Guntur | Hindu College Employees | - Granting finer rate of interest @ BMPLR+1.50% (12% presently).
- Waiver of Quarterly Administrative charges
- Waiver of maximum ceiling of Rs.1.00 lakh each applicant, but limiting to Rs.2.00 lakhs.
|
7. Ex.A2 clearly revealed that the Head Office instructed the opposite party to waive processing and quarterly administrative charges in respect of the employees of ANGRAU i.e., Agricultural College at Bapatla. Ex.A2 account copy revealed that the opposite party claimed administrative charges. Claiming administrative charges and processing fee by the opposite party from the complainant is in violation of Ex.A1 circular and it amounted to deficiency of service. Under those circumstances, giving direction to opposite party to waive the processing charges and quarterly administrative charges of complainant in respect of loans sanctioned to him prior to his retirement will meet ends of justice. In view of the above discussion, this point is answered in favour of complainant.
8. POINT No.2
In view of the above findings, in the result, the complaint is allowed in part in terms as indicated below:
- The opposite party is directed to waive processing and administrative charges in respect of loans sanctioned to the complainant prior to his retirement.
- The opposite party is further direction to pay a sum of Rs.500/- towards costs to the complainant.
- The above orders shall be complied within a period of six weeks from the date of receipt of copy of this order, failing which, the amount ordered in point No.2 shall carry interest at 9% p.a. till the date of realization.
Dictated to Junior Steno, transcribed by her, corrected by us and pronounced in the open Forum this the 25th day of March, 2011.
MEMBER MEMBER PRESIDENT
APPENDIX OF EVIDENCE
DOCUMENTS MARKED
For Complainant:
Ex.Nos. | DATE | DESCRIPTION OF DOCUMENTS |
A1 | 27-03-04 | Copy of circular issued by C & IFD, Head Office to the Zonal Office, Guntur |
A2 | - | Copy of statement of account of complainant |
For opposite party: NIL
PRESIDENT