D.o.F:03/02/2011

D.o.O:31/12/11

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                      CC.22/11

                   Dated this, the 31st   day of  December 2011.

PRESENT

SRI.K.T.SIDHIQ                          : PRESIDENT

SMT.P.RAMADEVI                      : MEMBER

SMT.BEENA.K.G.                       : MEMBER

Aysha.T.K.C,

W/o  Assainar, K.K.House,

 Kaithakkad PO,    Cheruvathur, Kasaragod.                     : Complainant

 (Adv.M.Purushothaman,Hosdurg)

Manager, Canara Bank,

Cheruvathur Branch. N.H.Road, Po.Cheruvathur            : Opposite party

(Adv.Sadananda Kamath,Kasaragod)

                                                                                 ORDER

SRI.K.T.SIDHIQ : PRESIDENT

    Shorn of all other averments and allegations case of the complainant is that she had availed a loan from opposite party bank by pledging gold ornaments having an interest @7% per annum but the opposite party charged 9% interest while the amount is repaid.  When the complainant enquired about this anomaly the opposite party behaved her rudely and insulted her in front of others causing severe mental agony and sufferings.  Hence the complaint.

2.  According to opposite party the rate of interest was 9% and not 7%.  She was entitled to 3% interest waiver if the loan is repaid within the stipulated time.  But the complainant was not closed the loan within one year, hence only 3% interest was waived and that was provided to her and `1162/- has been credited in her account.  The banking Ombudsman before whom the complainant filed a complaint earlier has been convinced all these aspects and hence closed the complaint and there is no deficiency in service on their part and therefore they pray for a dismissal.

3.   Complainant filed proof affidavit  and Exts.A1&A2 marked.  Ext.A1 is the receipt evidencing the repayment of ` 75671/- towards gold loan .  Ext.A2 is the copy of passbook.

4. On the side of opposite party Exts.B1 to B4 marked.  Both sides heard and documents perused.

5.  According to complainant 9% interest was collected for the gold loan of ` 67500/- and therefore she had to repay ` 75671/- though the rate of interest was 7%.

6.  But according to opposite party complainant executed Ext.B2 loan agreement as per that the rate of interest is 9%.  Further Ext. B4 the computer generated copy of statement accounts show that interest subsidy has been credited in her account.

7.   The further allegation of complainant is that when she enquired about the difference in the rate of interest the opposite party behaved her rudely and talked indecently causing mental agony.

8.   No doubt the rude and rough behavior of a service provider/public servant would amounts to deficiency in service.  The public servants are expected to be service oriented and they should  behave in a reasonable and fair manner with fellow citizens who avail their services.

   Therefore the opposite party’s behavior to the complainant is deprecated.

  However this being the first instance we do not order any compensation for this behavior and if any complaints are received in future it would be dealt severely granting compensation to the consumers.

    In this circumstances complaint is dismissed without costs.

Exts:

A1- re repayment receipt

A2- copy of passbook.

B1-copy of letter by the Banking  Ombudsman to complainant

B2-copy of loan agreement

B3&B4-copy of  statement of accounts

MEMBER                                  MEMBER                                     PRESIDENT

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