Date of filing : 26-10-2010
Date of order : 26 -07-2011
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC. 154/2010
Dated this, the 26th day of July 2011
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT. K.G.BEENA : MEMBER
Raveendran.P, } Complainant
Karippadakam House,
Pulikoden, Po. Ravaneswaram,
Via. Pallikkara, Hosdurg Taluk, Kasaragod.Dt
(Adv. Antony Joseph Myladiyil, Hosdurg)
The Chief Manager, } Opposite party
State Bank of India, Kanhangad Branch,
Po.Kanhangad, Hosdurg Taluk,
Kasaragod.Dt.
(Adv. Kodoth Narayanan, Hosdurg)
O R D E R
SRI.K.T.SIDHIQ, PRESIDENT
Tersely stated case of complainant is as follows:
Complainant availed a housing loan of `3,10,000/- from opposite party. The Equated Monthly Instalment (EMI) fixed for repayment was `2,900/- at the initial stage and thereafter `3260/-. Complainant being a Journalist by profession was not in a position to remain in the locality hence he gave standing instructions in writing to opposite party to transfer EMI amount from his account every month. The complainant was under the impression that the opposite party will transfer EMI from his account as per the standing instruction. But on 11-8-2009 he received a notice stating that he was irregular in the repayment of EMI and 2 EMI instalments are overdue. But on that day his account was having sufficient amount to meet the EMI’s. Thereafter when he approached opposite party and obtained his statement of account, it was told that due to some clerical mistake the amount is not transferred from his account in accordance with the standing instructions and it will be rectified soon and further assured that the interest, penal interest and interest on interest due on principal amount and interest due to the non-transferring of the EMI from SB Account would be waived. But the assurance was never fulfilled. Even after issuing repeated lawyer notices opposite party has not cared to waive the interest, penal interest and other charges emerged. Hence the complaint.
2. Opposite party appeared and filed version. According to opposite party the standing instructions to transfer the instalments from the SB account to the housing loan account of the complainant was not carried out due to some technical snag and this fact was explained to the complainant when he was called to the branch. They have debited the monthly interest accrued in the loan transaction. Subsequently on 28-12-2008 a sum of `29,500/- was transferred from SB Account of the complainant to clear the overdues. While the loan account was seen highly overdue, the bank has issued a personal letter dated 11-8-2009 to the complainant to clear the overdues and regularise the loan account. Inspite of the said notice of demand, the complainant did not approach the bank. Thereafter on 16-10-2009 and 2-12-2009 a sum of `15000/- and `6214/- were transferred from his SB Account to the loan account. Afterwords the complainant approached the Bank and in his presence both the SB Account and loan account were verified by the Bank and found that the standing instruction was not carried out due to some technical mistake. Hence the bank has recalculated the interest charged for the loan account and found that a total sum of `5607.35 was charged as excess interest in the loan account and the said excess interest charged in the loan account has been credited back on the loan account of the complainant. This fact was informed to the complainant as per letter dated 23-04-2010 and also regretted for the inconvenience caused to the complainant. Hence according to opposite party the complainant is not entitled for the relief claimed and the complaint is liable to be dismissed.
3. Complainant filed proof affidavit and Exts A1 to A8 marked. Complainant faced cross-examination by the learned counsel for opposite party Sri. Kodoth Narayanan. On the side of opposite party Sri.V.Ravindran, the Chief Manager Officiating, filed proof affidavit and Exts B1 to B3 marked. Both sides heard and documents perused.
4. The points arise for consideration are:
1) Whether the opposite parties committed any deficiency in service?
2) What is the loss sustained to the complainant due to the non-compliance of the standing instruction given by him for transferring the loan instalments from his SB account?
3) What is the order as to relief& costs?
5. Points Nos 1 & 2: For the sake of the brevity these points are discussed together.
According to the complainant due to the non-compliance of the standing instruction by opposite party he had monetary loss to the tune of `45000/- on account of the payment of interest, penal interest and other charges accrued on the loan account, where as according to opposite party the excess interest charged due to the non-compliance of standing instruction was `5607.35 and the same is recredited in the account of the complainant. Ext.B1 is the statement of Account pertaining to the complainant. In Ext.B1 it is seen that on 23-04-2010 a sum of `5080.65 is seen credited on his account with the details Principal Repayment interest loss on account (OA) NON-com) (non-compliance of the standing instructions) and not `5607.35. Though complainant is claiming `45,000/- as the loss sustained he is not able to submit any basis for arriving in that figure. Certainly he is entitled for the actual loss he sustained due to the non-compliance of the standing instruction given by him to opposite party which is a deficiency in their service. In the absence of calculation statement indicating the actual loss we are not inclined to allow the entire claim of the complainant.
6. Relief & Costs.
From Ext.B1 it is clear that the opposite party has recredited `5080.65 in the account of the complainant. Therefore we are of the opinion that the complainant is entitled only for a nominal sum of `3000/- as compensation. Hence the complaint is partly allowed and opposite party is directed to pay `3000/- as compensation together with a cost of `3000/-. Time for compliance is limited to 30 days from the date of receipt of copy of order. Failing which opposite party shall further liable to pay interest @ 9% for `3000/-from today till payment.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exts.
A1. Photo copy of the pass of the complainant.
A2. 01-02-2010 Statement of Account of Complainant issued by OP.
A3. 11-8-2009 Demand notice issued by OP to complainant.
A4.3-2-2010 Notice sent by complainant to OP.
A5.Postal receipt
A6.Copy of reminder letter sent by complainant to OP.
A7.Postal receipt.
A8.23-4-2010 reply notice sent by OP to complainant
B1. Statement of Account of complainant
B2.Statement of Account of complainant.
B3. 23-4-2010 reply sent by OP to complainant.
PW1. P.Raveendran
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUPERINTENDENT
