DISTRICT CONSUMER DISPUTES REDRESSAL FORUM  PALAKKAD

Dated this the 30^th day of April 2018

Present   : Smt.Shiny.P.R. President

               : Smt.Suma.K.P. Member                          Date of filing:  16/01/2018

               : Sri.V.P.Anantha Narayanan, Member

                                                (C.C.No.06/2018)

Abida Beevi.V

Chettiyan Thodiveedu,                                 -  Complainant

Ko Ramankadavu,

Karakurissi, Palakkad.

           Vs

1. General Manager

    State Bank Of India,                                        -  Opposite parties

    SS Kovil Road Thambanur,

    Thiruvananthapuram.

2. The Mananger,

    State Bank of India,

    Kanjirapuzha Branch,

    Thachampara. 

                                                          O R D E R

By Smt.Suma.K.P. Member

          The complainant had availed a housing loan from the 2^nd opposite party in 2012 for an amount of Rs.2,93,000/- and the above loan was closed on 2017 June after repaying the entire amount.  The complainant alleges that at the time of applying the above loans he was also asked to sign on another loan application for an amount of Rs.17,888/- (LN/No:32436266979) and also an application for SBI RIN Raksha Insurance Policy without her knowledge or consent.  After repayment of the loan she demanded for the return of documents and only then she came to realize that she has signed above insurance at the time of availing the housing loan.  She demanded the petition register of the said branch so as to complaint about her grievance but it was not available.  Hence she called upon the toll free number of SBI 3254408067, 3281246790 and lodged a complaint.  But there was no proper response for the above complaint, so she approached the Banking Ombudsman for her grievance and as per the order of the Ombudsman an amount of Rs.5,200/- was refunded to her.  The Ombudsman had also directed her to approach before the appropriate Forum for the redressal of her grievance.  The complainant further alleges that she was forced to sign the above policy document for an amount of Rs.17,888/- and the above document was signed, without her knowledge or consent.  She further alleges that the above act of the opposite parties is an unfair trade practice and amounts to deficiency of service on their part.  She had also stated that the Reserve Bank of India had issued a circular to the effect that the consumers should not be forced for such services without their knowledge or consent.  She had also lodged a complaint to the 1^st opposite party regarding her grievance, but there was no response from their part.  Hence she had approached before this Forum seeking an order directing the opposite parties to refund the balance amount of Rs.12,688/-, and also to pay Rs.3,00,000/- as compensation for the mental agony and sufferings she had due to the deficiency of service from the part of the opposite parties. 

          Notice was issued to the opposite parties for appearance.  Both opposite parties remained absent inspite of accepting notice from the Forum.  Hence they were called absent and set ex-parte. 

          Complainant filed chief affidavit along with documents.  Exts.A1 to A6 was marked from the side of the complainant.  Evidence was closed and the matter was heard.   

The following issues that arise for consideration are.

1. Whether there is any deficiency of service from the part of opposite parties?
2. If so, what are the relief and cost?

Issues No.1 & 2

     We have perused the documents and affidavit filed before the Forum.  Since opposite parties failed to appear before the Forum the complaint is allowed in part and we direct opposite parties jointly and severally to refund the balance amount of Rs.12,688/- (Rupees twelve thousand six hundred and eighty eight only) to the complainant and also to pay Rs.2,000/- (Rupees two thousand only) as cost of this proceedings. 

This order shall be executed within one month from the date of receipt of this order; failing which the complainant is entitled to realize 9% interest p.a from the opposite party on the total amount due to him from the date of this order till realization.   

          Pronounced in the open court on this the 30^th day of April 2018.

       Sd/-

                  Shiny.P.R

                   President 

                       Sd/-        

                   Suma.K.P

                    Member

        Sd/-

    V.P.Anantha Narayanan

                   Member

Appendix

Exhibits marked on the side of complainant

Ext.A1          -  Loan Account Pass Book of the complainant issued by State Bank of India

Ext.A2          -  Bank Pass Book of the complainant issued by State Bank of India

Ext.A3          -  State Bank of India Counter foil dated. 22.06.2017

Ext.A4          -  Photocopy of order copy issued by Banking Ombudsman dated.05.12.2017

Ext.A5          -  Photocopy of RTI Reply issued by Reserve Bank of India dated.14.11.2017

Ext.A6          -  Photocopy of complaint sent by the complainant to the 1^st opposite party

             dated.30.09.2017

Exhibits marked on the side of Opposite parties

Nil

Witness examined on the side of complainant

Nil

Witness examined on the side of opposite parties

Nil

Cost

          Rs.2,000/-