By Sri. MOHANDASAN.K, PRESIDENT
1.Complaint in short is as follows: -
The complainant availed gold loan of Rs. 3,00,000/- under KCC Scheme as No. 68970500001123 on 11/11/2021. The loan term was one year. The complainant remitted Rs.24,000/- towards the loan within three months. The complainant working as a salesman at Kakkencheri. The loan period expires on 11/11/2022. So on 06/11/2021 the complainant approached the opposite party along with his wife to pay the entire interest and to renew the loan. But on that particular day the appraiser was not available in the bank. Another appraiser who was also absent due to covid positive ailment. There was no other customer present in the Bank on that day. The bank directed the complainant to call the appraiser and the complainant called the appraiser but he said that he cannot report before the Bank for one week and directed to contact the bank itself. Thereafter the complainant approached the opposite party on 18/11/2021 and the loan was renewed as loan No. 68970500001323. The opposite party bank calculated interest and extra charge worth Rs. 21,000/-. The complainant opposed the interest and extra charge and then the opposite party stated that the loan period had expired and so the complainant is not entitled for the subsidy benefit and that is the reason for the disputed additional interest and extra charge. The submission of the complaint is that the default was caused from the side of opposite party and the complainant is not liable to pay the extra charge and interest. The opposite party thereafter contacted the Head office and told to the complainant that he will be issued the benefits within three months. But thereafter the opposite party never issued the subsidy benefit to the complainant. On 31/03/2022 the complainant approached the Bank Manager and then he was informed the complainant that he is not entitled for the subsidy benefit since the loan period was expired. It was also blamed the complainant, that the delay was caused due to the default of the complainant. Moreover the complainant submitted that the opposite party directed the complainant to take back the gold in case the complainant is not interested for transaction between the complainant and opposite party. The complainant alleges deficiency in service on the part of the opposite party and he sustained financial loss and inconveniences, he claims compensation of Rs. 60,000/- from the opposite party.
2. On admission of the complaint notice was issued to the opposite party and the opposite party entered appearance through lawyer. The opposite party filed version on 14/07/2022. But he had served notice on 04/05/2022 itself. So in effect the opposite party filed version after expiry of statutory period of 30 days and extended period of 45 days. Hence the opposite party set exparte.
3. The complainant filed affidavit and documents. The documents on the side of complainant marked as Ext. A1 & A2. Ext.A1 is Copy of Bank pass book of the complainant. Ext.A2 is copy of complaint submitted by complainant to the opposite party.
4. The case of the complainant is that though he was prepared to close the loan account by remitting interest amount in advance, there was no appraiser in the opposite party bank to consider his request. Thereafter one week the complainant approached the opposite party to close the loan amount but the opposite party collected extra charge and additional interest from the complainant. The submission of the complaint is that due to the lapse from the side of opposite party, he was compelled to pay additional interest and extra charge. He claims compensation of Rs.60,000/-. But the perusal of documents does not support his claim of compensation of Rs. 60,000/-. There is no proper evidence to reveal the exact amount which the opposite party collected from the complainant towards interest and extra charge. Complainant also has not stated the exact amount of entitlement towards subsidy. In the absence of proper documents and evidence the Commission is not inclined to allow the prayer of compensation of Rs. 60,000/-. But from the documents it can be seen that the complainant availed loan of Rs. 3,00,000/- from the opposite party and he was prepared to remit the loan amount as per Ext. A2. The document Ext. A2 contented that he approached the opposite party to close the loan amount on 09/11/2021 and due to want of appraiser the opposite party could not close the loan of complainant. The submission of the complainant is that, he approached the opposite party thereafter on 18/11/2021 and at that time the opposite party collected additional interest and extra charge from the complainant. There is no contra evidence against the contention of the complainant before this Commission. Hence we find that the complainant duly approached the opposite party to renew the loan amount. But want of appraiser the opposite party could not entertain the complainant. Hence we find that there is deficiency in service from the part of opposite party and thereby the complainant caused much hardship and inconvenience. But the complainant could not produce sufficient documents to establish his claim as stated in the complaint. Considering the facts and evidence and want of contra evidence, we allow this complaint is as follows: -
The opposite party is directed to pay Rs. 10,000/-(Rupees Ten thousand only) as compensation on account of deficiency in service and thereby caused inconvenience and hardship to the complainant.
The opposite party is further directed to pay Rs. 5000/-(Rupees Five thousand only) as cost of the proceedings.
The opposite party is directed comply this order within one month from the date of receipt of copy of this order, failing which the complainant is entitled interest for the above said amount at the rate of 9% per annum from the date of order till date of complaint.
Dated this 10th day of February, 2023.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMANC., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1 & A2
Ext.A1 : Copy of Bank pass book of the complainant.
Ext.A2 : Copy of complaint submitted by complainant to the opposite party.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMANC., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
