SRI.R. VIJAYAKUMAR, MEMBER.

            The complainant filed the complaint for refund of excess amount along with  interest at the rate of 12% and compensation and costs.

A brief summary of the complaint is as follows:

          On 18.5.05 the complainant availed a loan for Rs.35,000/- from the 1^st opp.party.   The agreed instalment  amount including the interest at the rate of 12% was Rs.2027/- per month.   Even though the due date of each instalment was 17^th of each month, 1^st opp.party presented the blank cheque which was obtained from the complainant as security, before due dates   writing the amount of Rs.2027/-  in the cheques.  1^st opp.party charged Rs.220/- and 3^rd opp.party charged Rs.25/- for each cheque as  bouncing charges.  Even though the 1^st cheques were passed and money was collected, the 1^st and 3^rd opp.party is collected bouncing charges.  1^st opp.party also charged penal interest also.   Even after the account is closed, 1^st and 3^rd opp.party presented two cheques and were encashed and bouncing charged imposed in these case also.

          The complainant had given notice to the 1^st opp.party on 4.6.2005 stating that they should not present the cheque before due date.  On 12.9.2005 also complainant had given another notice the 1^st opp.party stating that he was not operating account with 3^rd opp.party.   The complainant already repaid amount of Rs. 66891/- in 33 instalments and paid bouncing charges to 1^st opp.party  Rs.3960/- and the 3^rd opp.party Rs.450/-   The total amount of Rs.70851- was paid by the complainant to opp.party.   The complaint is bound to pay total amount  Rs.44100 only.  He has paid an excess amount of Rs.26751/-.   The act of opp.parties amount  to deficiency in service and hence the complainant filed the complaint for getting relief.

          Even though sufficient opportunities was given to the opp.parties they failed to file version or adduce evidence.  In the meantime complainant filed a petition to delete the name of 2^nd opp.party and it was allowed.

          The complainant filed affidavit.  PW.1 examined.   Ext.P1 to P8 marked.   The points that would arise for consideration are:

Points 1 and 2

          As the opp.parties failed to file version or to produce evidence, we are constrained to relay upon the evideance adduced by the complainant.  On perusal of the documents we find that there is deficiency in service on the part of opp.party.  The points found accordingly.

          In the result lthe complaint is allowed.   The opp.parties are directed to pay Rs.26751/- along with an interest @ 12% from the date of complaint till the date of payment.   The opp.parties are further directed to pay Rs.5000/- as compensation  and Rs.1000/- as cost.

The order is to be complied with within one month of the date of receipt of the order.

Dated this the     day of July, 2009.

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I N D E X

List of witnesses for the complainant

PW.1. N.M. Rajan

List of documents for the complainant

P1. – Notice dated 12.9.2005

P2. – Receipts

P3. – photocopies of receipts

P4. – Cheque bounching charges

P5. – Statement of accounts

P6. – Receipts

P7. – Copy of letter dated 4.6.05

P8. – Sanction of Loan