BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM<br /> VAZHUTHACAUD : THIRUVANANTHAPURAM<br /> PRESENT:<br /> <br /> SHRI. G. SIVAPRASAD : PRESIDENT<br /> SMT. BEENA KUMARI. A : MEMBER<br /> SMT. S.K. SREELA : MEMBER<br /> <br /> C.C.No. 01/2008<br /> Dated: 30..09..2008<br /> Complainant:<br /> Shafi. M.S., S.M.S. Manzil, Near U.P.S., Kadakathu, Kaniyapuram – P.O., Thiruvananthapuram.<br /> <br /> Opposite party:<br /> <br /> Branch Manager, Indiabulls Credit Services Ltd., Sai Krishna, T.C.11/36(2), Near PMG., Pattom – P.O., Thiruvananthapuram.<br /> <br /> <br /> This O.P having been heard on 01..09..2008, the Forum on 30..09..2008 delivered the following:<br /> <br /> ORDER<br /> <br /> SMT. S.K. SREELA, MEMBER:<br /> <br /> The complainant one Mr.Shafi. M.S has filed the complaint against the Branch Manager, India Bulls Credit Services Ltd. alleging as follows: The complainant had availed a personal loan of Rs.35,000/- from the opposite party and though the loan amount disbursed is Rs.35,000/- the complainant was given only Rs.33,036/-. The installment amount for the above said loan was Rs.1,847/- and the tenure of the loan was 36 months. Accordingly, the complainant remitted Rs.1,847/- per month for a period of 8 months totalling to Rs.14,776/-. After the 8th installment, when the complainant approached the opposite party to close the loan, he was asked to remit Rs.33,795/- which according to the complainant is against the rate mentioned in the customer copy. Hence the complainant remitted the balance amount of Rs.27,224/-, as per the customer copy and requested for clearance of documents. But the documents viz., cheques were not returned for which the complainant had filed a complaint before the Museum Police Station also and since all the efforts taken by the complainant to get back the documents were in vain, this complaint has been enunciated.<br /> <br /> 2. Though the notice issued from this Forum was accepted by the opposite party, they never appeared before this Forum, nor filed any version. Hence the opposite party was set ex-parte.<br /> <br /> 3. The complainant has filed affidavit in lieu of chief examination and has been examined as PW1. Exts. P1 to P10 were marked on the part of the complainant.<br /> <br /> 4. Ext. P2 is the document evidencing the acceptance of total amount of Rs.14,776/- from the complainant by the opposite party and Ext.P6 copy of the cheque. Ext. P3 repayment receipt reveals the payment Rs.27,224/- by the complainant to the opposite party. The amount of each EMI is mentioned as Rs.1,847/- as per Ext.P5. Ext. P8 seen issued by the opposite party to the complainant claims Rs. 33,795/- as total amount payable by the complainant. But the basis of the above claim has not been enlightened by the opposite party since they remain ex-parte. Opposite party has never turned up either to contest the case or to deny the allegations levelled against them. We have perused the materials on record and as per the documents produced by the complainant, this Forum finds that the complainant has proved by positive evidence that the allegations levelled in the complaint against opposite party as genuine. In our view there is nothing on record to doubt the evidence of the aforesaid documents.<br /> <br /> 5. Accordingly the complaint is allowed and the complainant is found entitled for getting back his documents and the loan clearance letter from the opposite parties. The complainant has been unnecessarily made to suffer for the deficient act of the opposite party for which the complainant has to be compensated we find Rs.2,000/- as reasonable compensation for the same. Complainant is also found entitled for Rs.500/- towards the costs of the proceedings.<br /> <br /> In the result, the opposite party is hereby ordered to return the cheques of the complainant bearing numbers: 679813, 679814, 679815 & 679816 of Canara Bank along with loan clearance letter with regard to loan No.S 000085566 within a period of one month, to the complainant. The opposite party is also ordered to pay Rs.2,000/- (Rupees Two thousand only) towards compensation and Rs. 500/- towards costs of the proceedings. If the above amounts are not paid within a period of one month, it shall carry interest @ 12% per annum.<br /> <br /> A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.<br /> Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, on this the 30th day of September, 2008.<br /> <br /> S.K. SREELA, MEMBER.<br /> <br /> <br /> <br /> G.SIVAPRASAD, PRESIDENT.<br /> <br /> <br /> <br /> BEENA KUMARI. A.,<br /> MEMBER. <br /> ad.<br /> C.C.No.01/2008 <br /> APPENDIX<br /> I. Complainant's witness:<br /> PW1 : Shafi M.S<br /> II. Complainant's documents:<br /> P1 : Photocopy of statement showing the cheque details<br /> P2 : Photocopy of stat card as on 26th January 2007 with Ref.No.S000085566.<br /> P3 : Photocopy of repayment receipt of book No.STL 5265 with serial No.STL 52647 dated 29/06/07.<br /> P4 : Photocopy of receipt of petition No.324/DPTN/077/B5 dt. 05.07.07 from Museum Police Station in Thiruvananthapuram City with recpt.No.296702.<br /> P5 : Photocopy of customers' copy of Most important document<br /> P6 : “ cheque No.794572 dated 29/06/07 for Rs.27,224/- from Canara Bank, Cantonment, Tvpm.<br /> P7 : “ letter dated 30/09/2006 with App.No.A760740 issued by the opp. Party.<br /> P8 : “ letter dated 27..06..2007 issued by the opp. Party.<br /> P9 : “ letter dated 26..06..2007 addressed to the opposite party by the complainant.<br /> P10 : “ notice dated 24..07..2007 with case No.PL 1108/02.<br /> <br /> III.Opposite party's witness : NIL<br /> IV.Opposite party's documents : NIL<br /> <br /> PRESIDENT<br />