BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SMT. PREETHA G. NAIR                           : MEMBER

SRI. VIJU V.R                                             : MEMBER

C.C. No. 16/2019 Filed on 23.01.2019

ORDER DATED: 22.01.2020

Complainant:

Ex Army G. Krishnankutty, Bhaskar Nivas, Pulippara, Nedumangadu P.O, Thiruvananthapuram-695 541.

   (Party in person)

Opposite party:

The Manager, Central Bank of India, NHC VII 28 3, Padiyannoor, Pulippara, Nedumangad, Thiruvananthapuram-695 541.

This case having been heard on 03.12.2019, the Forum on 22.01.2020 delivered the following:

ORDER

SRI. VIJU V.R : MEMBER

The complainant has presented this complaint before this Forum under Section 12 of the Consumer Protection Act 1986, alleging that he had availed a loan for Rs. 1,00,000/- for poultry business from the opposite party on 02.04.2015.  In the year 2016, 50 poultries were died due to warm weather.  The complainant approached the opposite party but no benefits were given to the complainant.  On 16.10.2018 the complainant received a letter from the opposite party stating that the area of the complainant was declared as flood affected area by the Government of Kerala, so that the complainant will get concessions for his loan. The complainant contacted the bank manager on 23.10.2018 but he stated that no concessions will be available for the complainant’s loan.  He contacted the Manager of Trivandrum Central Bank and came to know that there is concession for 8 months from 01.01.2019.  On 22.01.2019 he received a letter from village office stating that Rs. 80,110/- was due to the loan amount and if that amount is not paid the assets of the complainant will be attached.  The act of opposite party amounts to deficiency in service, for that effect he had filed this complaint before this Forum.

Even though the opposite party received notice, opposite party did not appear before this Forum and opposite party was set ex-parte.

Issues to be ascertained:

1. Whether there is deficiency in service from the side of opposite party?
2. Whether the complainant is entitled to get the reliefs?

Issues (i) & (ii):- The complainant had filed chief affidavit in-lieu of chief examination and has produced 3 documents which were marked as Exts. P1 to P3. Complainant alleges that even though the Govt. had issued a direction to the bank that there is concessions to the loan amount in the flood affected areas that was not done by the bank manager. It can be seen from Ext. P2 that as per GO (P) No.05/2018/DMD Order the village of the complainant will come under flood affected area.  So the complainant is deserved for getting concessions for the loan amount.  The opposite party did not turn up. Hence the deposition of the complainant stands unshaken and there is nothing to rebut the evidence put forth by the complainant. The bank manager committed gross negligence in executing the order of the Govt.  The opposite party cannot evade from giving concession to the complainant as per the Govt. order.  If the opposite party has given concession to the complainant then Ext. P3, which caused much hardship to the complainant, can be avoided.  From the documents produced by the complainant, we find that the complainant has succeeded in proving his case and there is deficiency in service from the side of opposite party.  Hence the opposite party is liable to compensate the complainant.

In the result, the complaint is allowed.  The opposite party is directed to pay Rs. 25,000/- (Rupees Twenty Five Thousand only) as compensation to the complainant for the mental agony suffered by the complainant and Rs. 2000/- (Rupees Two Thousand only) towards the cost of the proceedings within one month from the date of receipt of this order failing which the entire amount except cost carries interest @ 8% per annum from the date of default till realization.

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.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 22^nd day of January 2020.

        Sd/-

PREETHA G. NAIR  : PRESIDENT (I/C)

                  Sd/-

                                                                        VIJU V.R                               : MEMBER

jb        

C.C. No. 16/2019 

APPENDIX

  I      COMPLAINANT’S WITNESS:

                             NIL

 II      COMPLAINANT’S DOCUMENTS:

P1     - Copy of Bank Pass Book

P2     - Copy of letter dated 16.10.2018 issued by the opposite party

P3     - Copy of demand notice dated 20.09.2017

III      OPPOSITE PARTY’S WITNESS:

                             NIL

 IV     OPPOSITE PARTY’S DOCUMENTS:

NIL

                                                                                                                    Sd/-

PRESIDENT (I/C)

jb