SRI.K. ANIRUDHAN (MEMBER)<br /> <br /> Sri. Radhakrishnan has filed the complaint before this Forum alleging deficiency in service on the part of the opposite parties. M/s. Canara Bank, Pulinkunnu and Deputy Tahsildar (RR) Kuttanadu. The contentions of the complainant are as follows:- The complainant had availed an education loan of Rs.22000/- from the first opposite party in the year 2001. It is stated that the complainant has remitted an amount of Rs.6257/- and the balance is only Rs.19,107/- as per the statement of account prepared by the 1st opposite party bank. It is stated that the 2nd opposite party has issued a notice to the complainant stating that an arrear of Rs.25044/- and 5% collection charge is outstanding due to the opposite party bank. It is further stated that, on 26.4.07 the balance amount shown in the account is Rs.19,107/- but on 18.6.06 the same was increased to Rs.25.044/. For the realization of the amount, the opposite party has taken RR steps. Hence the complainant alleging deficiency in service on the part of the opposite parties.<br /> 2. Notice was issued to the opposite parties. They entered appearance before this Forum and filed version and documents. In the version the first opposite party has stated that the complainant had availed a loan from them and agreed to repay the same with 11.75% compounded monthly interest in 36 equated monthly installments. The complainant committed default and violated the agreements. So they have initiated RR proceedings for the realization of the balance loan amount of Rs.25044/- as per notice dt. 18.6.07. It is further stated that the complainant had remitted a sum of Rs.5000/- and credited the same in their A/c. So the balance amount comes only Rs.19,107/- as on 26.4.07. The first opposite party has further stated that they have given credit of Rs.5000/- remitted by the complainant on 26.4.07; and that the complainant is to liable only the balance loan amount. <br /> 3. Considering the contentions of the parties this Forum has raised the issues:- <br /> (1) Whether there is any deficiency in service on the part of the opposite <br /> parties?<br /> (2) Compensation and costs.<br /> 4. Issues (1) and (2):- On the side of the complainant he has produced Exts.A1 and A2 documents marked. Ext.A1 is the RR requisition vide No.K Dis/B12/21939/07 dt. 2.6.07 issued by the 2nd opposite party. It shows the balance amount ie. Rs.25,044/-. Ext.A2 is the card issued by the 1st opposite party showing the remittance effected by the complainant. It shows that the disputed amount of Rs.5000/- was remitted on 26.4.07. Opposite party has produced 6 documents in evidence - Exts.B1 to B6. Ext.B1 is the statement of A/c relating to the complainant. It shows that they have given credit of Rs.5000/- to the complainant’s account and the balance loan amount as on 26.4.07 comes only Rs.19,107/-. Ext.B2 is the receipt for the remittance of Rs.5000/-. Ext.B3 is the loan acknowledgement. Ext.B4 is the requisition of RR for the loan amount. Ext.B5 is the acknowledgement of debt and security. Ext.B6 is the loan agreement. On a perusal of the documents given in evidence by the opposite parties it can be seen that there is no error or any misrepresentation in the account kept by the 1st opposite party. The dispute is relating to the remittance of Rs.5,000/- and the 1st opposite party has agreed that they have given credit to said amount in the account of the complainant, and the balance was only Rs.19,107/- as on 26.4.07. So it cannot be say that there is deficiency in service the part of the opposite party and the complainant is entitled to remit the amount as per the account of the 1st opposite party with interest if any. The issues are found in favour of the opposite parties. In the above circumstances the contentions of the complainant cannot be accepted as valid ground to state that there is deficiency in service on the part of the 1st opposite party. Since the complaint has no merit, we are of the view that the complaint is to be dismissed. No orders as to cost.<br /> <br /> Pronounced in open Forum on this the 30th day of July, 2008.<br /> Sd/- SRI. K. ANIRUDHAN:<br /> <br /> Sd/- SRI. JIMMY KORAH:<br /> <br /> Sd/- SMT.N.SHAJITHA BEEVI:<br /> <br /> <br /> <br /> APPENDIX<br /> <br /> Evidence of the complainant:-<br /> <br /> Ext.A1 - RR Requisition issued by the 2nd opposite party<br /> Ext.A2 - Card issued by the 1st opposite party<br /> <br /> Evidence of the opposite parties:-<br /> <br /> Ext.B1 - Statement of account relating to the complainant<br /> Ext.B2 - Receipt for the remittance of Rs.50000/-<br /> Ext.B3 - Loan Acknowledgement<br /> Ext.B4 - Requisition of RR for the loan amount<br /> Ext.B5 - Acknowledgement of debt and security<br /> Ext.B6 - Loan agreement<br /> <br /> <br /> // True Copy //<br /> <br /> By Order<br /> <br /> <br /> Senior Superintendent<br /> To<br /> <br /> Complainant/Oppo. parties/S.F.<br /> <br /> Typed by:-pr/-<br /> <br /> Compared by:-<br /> <br /> <br />