Kerala

Idukki

CC/96/2020

Annamma sebastian - Complainant(s)

Versus

District co- operative bank idukki - Opp.Party(s)

Adv: K B Selvam

30 Aug 2022

ORDER

DATE OF FILING : 14/08/2020

IN THE CONSUMER DISPUTES  REDRESSAL COMMISSION, IDUKKI

Dated this the 30^th day of August 2022

Present :

                     SRI.C.SURESHKUMAR                     PRESIDENT

                     SMT.ASAMOL P.                                 MEMBER                      

                     SRI.AMPADY K.S.                               MEMBER                    

CC NO.96/2020

Between

Complainant                        :   Annamma Sebastian,

                                                Ezharath House, Prakash P.O.,

                                                Prakash, Thankamany Village,

                                                Idukki Taluk.

                                                       (By Adv. K.B.Selvam)                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       

                                                                        And

Opposite Party                     :  The Manager,

                                                 District Co-Operative Bank,

                                                 Idukki Branch,  Thankamany,

                                                 Now turned as Kerala State Co-Operative Bank Ltd.,

                                                 Branch Thankamany,

                                                 Represented by  State Co-Operative Bank Ltd.

                                                 (By Adv.C,K,Babu)

                                                                                                                                                                                                                                                                                                                                                                                                                                                                     

O R D E R

SMT.ASAMOL P., MEMBER

          Complainant's case is briefly discussed as follows:-

 .
          1 . Complainant is a senior citizen.  Complainant was a guarantor for a Loan of Rs.2,00,000/- as per the demand of her son.  Complainant's  husband had died due to cancer.  For the treatment of husband, a huge amount was incurred towards treatment expenses.  Moreover, agricultural income was lost due to flood and Covid circumstances.  Since there was no income due to the above said circumstances, the loan was in default.

 

2 . But, opposite party demanded to make the payment soon in the loan.  When complainant said that she is ready to remit the amount as instalment, opposite party has threatened that she would have to face legal actions.  Later, they have  sent  demand  notice  to  complainant.   As  per  the  notice, opposite  party

                                                                                                        (Cont.....2)

-2-

demanded exorbitant interest from complainant.  These acts of opposite party amounts to deficiency in service.  Therefore, complainant is entitled to get compensation from opposite party for mental agony owing to deficiency in service.  Hence she has prayed the following reliefs.

 

(a)  Compound interest and penal interest may be excluded.

 

(b)  Opposite party may be directed to pay Rs.10,000/- as compensation for mental agony and Rs.5000/- as litigation cost.

 

Upon  notice, opposite party entered appearance and filed written version.  According to opposite party, the complaint is not maintainable either under law or on facts.  Complainant herein is not a consumer of opposite party and she is not a guarantor for any Woman Easy Loan.  This petition does not reveal any cause of action.  Hence the petition may be dismissed.

 

After filing written version, the case was posted for complainant's evidence.  Many postings were given for evidence of complainant.  But, she was continuously absent, later counsel of complainant has reported that he is not received any intimation from complainant.  Hence, complainant's evidence was closed.  Thereafter, at the date of posting of opposite party's evidence, counsel submitted that opposite party is not tendering any evidence hence evidence closed.  Heard the counsel for opposite party.

 

The points which arise for consideration are

 

(a)  Whether there was any deficiency in service on the part of opposite party?

(b)  If, so, what reliefs are entitled to complainant.

 

Points are considered.

 

We have heard the counsel for opposite party.  We have perused the complaint and document which was filed along with the complaint by complainant.  As  per  the  complaint, complainant is only a guarantor for the loan.

                                                                                                       (Cont.....3)

-3-

But according to opposite party, complainant is not a guarantor in the loan.  Complainant has not tendered any evidence to prove her case. There is no proof of the fact that opposite party has provided any service to complainant.  Hence, deficiency in service on the part of opposite party is also not proved.  Accordingly, complaint is dismissed without cost.

 

          Pronounced by this Commission on this the 30^th day of  August 2022.

 

                                                                                            Sd/-

                                                                             SMT.ASAMOL P.,  MEMBER                                                                                                                                                        

                                                                                            Sd/-

                                                                  SRI.C.SURESHKUMAR, PRESIDENT

                                                                                                  Sd/-

                                                                            SRI.AMPADY K.S.,   MEMBER                      

       

 

APPENDIX

 

Nil

 

                                                                                      Forwarded by Order

 

  

                                                                                 ASSISTANT REGISTRAR