BEFORE THE DAKSHINA KANNADA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANGALORE
Dated this the 22nd May 2017
PRESENT
SRI VISHWESHWARA BHAT D : HON’BLE PRESIDENT
SMT. LAVANYA M. RAI : HON’BLE MEMBER
ORDERS IN
C.C.No.354/2015
(Admitted on 23.09.2015)
Mr. Chandrakantha Gowda,
S/o Thimmappa Gowda,
Aged about 26 years,
R/at Dagamajalu House,
Kula Village,
Bantwal Taluk, D.K.
….. COMPLAINANT
(Advocate for the Complainant: Sri SD)
VERSUS
Manager,
Corporation Bank,
Bolwar Branch,
Puttur Taluk, D.K.
….......OPPOSITE PARTY
(Advocate for the Opposite Party: Sri KRA)
ORDER DELIVERED BY HON’BLE PRESIDENT
SRI VISHWESHWARA BHAT D:
The above complaint filed under Section 12 of the Consumer Protection Act by the complainant against opposite party alleging deficiency in service claiming certain reliefs.
The brief facts of the case are as under
The complainant claims he availed an education loan of Rs.1,66,000 on 19.07.2007 at 14% interest. Complainant has completed his education in the year 2011 and is paying interest on the loan from July 2012 and paid Rs.1,85,000/ as on 08.08.2015. On 22.03.2014 he received a letter from opposite party seeking 3 documents namely Income Certificate, Pan Card and Latest address proof which were submitted and was informed that they are required for getting interest relief under Central scheme for providing interest relief to education loans and he did not get any information. On 06.01.2015 to the opposite party for delay under RTI application. Opposite party intimated that is not eligible under the CSIR scheme as he availed CSIS subsidy for the loan amount released during the year 2009.10. He claims under the central scheme is framed to provide interest subsidy concession to the education for economically weaker section of students for the loan availed prior 31.03.2009 and outstanding as on 31.12.2013. Hence contends he got issued legal notice and claim opposite party has no right to deny the central scheme. Hence seeks the reliefs claimed in the complaint.
2. Opposite party in the version contend complainant is not eligible under CSIR scheme as he availed CSIS subsidy loan amount during the year 2009.10 and interest subsidy of Rs.5,659 was credited to the loan account on 1.12.2011 credited rate of interest and got varied as per RBI norms to 13.75 % an applicable sanctioned under the scheme is provided and there is a separate form is provided and the complaint by is not maintainable hence seeks dismissal of the complaint.
3. In support of the above complaint Mr. Chandrakantha Gowda filed affidavit evidence as CW1 and answered to the interrogatories served on him and produced documents got marked at Ex.C1 to C12 and Ex.A1 as detailed in the annexure here below. On behalf of the opposite parties Mr. Gururaj R Kolhapur (RW1) Senior Manager, Corporation Bank, also filed affidavit evidence and answered to the interrogatories served on him.
4. In view of the above said facts, the points for consideration in the case are:
- Whether the Complainant is a consumer and the dispute between the parties?
- If so, whether the Complainant is entitled for any of the reliefs claimed?
- What order?
The learned counsels for both sides filed notes of arguments. We have considered entire case filed on record including evidence tendered by parties. Our findings on the points are as under follows:
Point No. (i) : Negative
Point No. (ii) : Negative
Point No. (iii) : As per the final order.
REASONS
5. POINTS No. (i) & No.(ii): In the first place complainant produced the reply furnished by RBI to the complainant against opposite party for not providing the benefit. Ex.C10 the said reply to the RBI specifically mentioned that RBI did agree with the claim made by opposite party on the stand taken by opposite party of complainant obtaining interest subsidy under the scheme CSIS.
6. The complainant produced the copy of the pass book of the loan account availed by him from opposite party. This document was not marked hence it is now marked at Ex.A1. As seen from this document on 1.12.2011 CS for interest subsidy of Rs.2,821 and on the same another amount of 755 and another 2,083 and thereby amount claimed by complainant was given to the complainant by opposite party.
7. Opposite party did not give any contra rule or guide line under which he is entitled for the interest subsidy beyond under CSIS scheme even after receiving interest subsidy under the CSIR scheme. As such the claim of subsidy interest under defined scheme in the circumstance is not at all maintainable.
8. Nextly the learned counsel of opposite party relied on a reported case law National Consumer Disputes Redressal Commission, New Delhi, in the Revision Petition No. 4894 of 2012 Chaudhary Ashok Yadav vs Rewari Central Co-operative Bank and another order dated 8.2.2013 in the circumstance of the present nature in the reported case it was held that the petition of complainant is not a consumer and also on that ground itself the petition can be dismissed by making an observation that he can seek relief from any Forum or the Civil Court as per law. In the circumstance we are of the view that the claim made by complainant even in the present case as no legs to stand and the complaint is liable to be dismissed and both the points we answered in the negative.
9. POINT No.(iii): Wherefore the following
ORDER
The complaint is dismissed.
Copy of this order as per statutory requirements, be forwarded to the parties free of cost and file shall be consigned to record room.
(Page No.1 to 6 directly typed by steno on computer system to the dictation of President revised and pronounced in the open court on this the 22nd May 2017)
MEMBER PRESIDENT
(LAVANYA M. RAI) (VISHWESHWARA BHAT D)
D.K. District Consumer Forum D.K. District Consumer Forum
Mangalore. Mangalore.
ANNEXURE
Witnesses examined on behalf of the Complainant:
CW1 Mr. Chandrakantha Gowda
Documents marked on behalf of the Complainant:
Ex.C1: 19.07.2007: Copy of the Pass Book
Ex.C2: 22.03.2014: Copy of the Letter addressed by O.P
Ex.A1: : Copy of the statement of account
Ex.C3: 28.03.2014: Copy of the Income Certificate
Ex.C4: 17.02.2014: Copy of the Ration Card
Ex.C5: : Coy of the PAN Card
Ex.C6: 06.01.2015: Coy of the R.T.I application
Ex.C7: 10.01.2015: Reply of the O P
Ex.C8: 02.02.2015: Copy of the Letter addressed to R.B.I
Ex.C9: 05.02.2015: Reply of the R.B.I
Ex.C10:30.04.2015: Reply of the R.B.I
Ex.C11: 23.06.2015: O/C of the reg Lawyer’s notice
Ex.C12: 24.06.2015: Postal Acknowledgement of O P
Witnesses examined on behalf of the Opposite Parties:
RW1 Mr. Gururaj R Kolhapur, Senior Manager, Corporation Bank
Documents marked on behalf of the Opposite Parties:
Nil
Dated: 22.5.2017 PRESIDENT
