D.o.F:20/12/2012
D.o.O:30/10/2013
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.NO.338/12
Dated this, the 30th day of October 2013
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.BEENA K.G : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
E.K.Hassankunhi,S/o Ibrahim,
R/at Koppala House, Pavoor Po, : Complainant
Manjeshwar,Kasaragod.
(Adv.Sadananda Kamath.K,Kasaragod)
1. The Manager,
The Dist. Co-operative Bank Ltd,
Uppala Branch,Uppala,Kasaragod. : Opposite parties
2. The Arbitrator cum sale officer,
The Dist. Co-operative Bank Ltd, Kasaragod
(Adv.O.Vinodkumar,Kasaragod)
ORDER
SMT.P.RAMADEVI : PRESIDENT
The facts of the complaint in brief are that the complainant had availed a medium term .loan MTNA(L) 16 of Rs.1,00,000/- from opposite parties on 10/3/99 and he has repaid an amount of Rs.1,08,000/-. According to the complainant out of Rs.1,08,000/- he paid Rs.1,00,000/- towards principal amount and the balance is being interest and now only some interest portion remained to be paid. The complainant further submits that in the year 2005 the opposite parties initiated the recovery proceedings and at that time the opposite party attached his landed property comprised in RS No.36/pt o.25 acres and put it for sale on 5/5/2005 and on that date the outstanding amount according to opposite parties were Rs.1,36,452/- and the complainant subsequently paid some amount towards the said loan. The complainant further submits that on 18/12/2012 he learned from reliable source that the opposite parties again put the aforesaid property for sale and the complainant approached opposite party No.1 with intimation to pay the entire loan amount at that time the Ist opposite party told that Rs. 3,00,000/- is due and further threatened that unless the complainant pays that amount on 21/12/2012 his property will be sold and procedure would be appropriated for the loan amount and balance dues the opposite party would proceed against the complainant personally and the complainant did not receive any notice from opposite party. The complainant therefore seeking an order directing the opposite party to close the aforesaid loan A/c. No. MTNA(L)16 by receiving the correct amount due and for compensation and cost.
2. On receipt of notice from the Forum opposite parties appeared through counsel and filed their version. According to opposite party this forum has no jurisdiction to entertain the complaint. The intention of the complainant is to delay the repayment of the loan and to escape from the liability. The opposite party further submits that the award passed by the 2nd opposite party and the complainant is challenging the award passed by the arbitrator to which the consumer forum has no jurisdiction. The opposite party further submits that the complainant availed medium term non agricultural loan of Rs.1,00,000/- from Ist opposite party on 10/3/1999. As per the terms of agreement the rate of interest is 18% per annum and the period of repayment of the loan is 60 months(5 years) from the date of loan and in case of default the interest chargeable is 21% as agreed. According to opposite parties the complainant had paid Rs.5000/- only under principal and interest of Rs1,17,387/- till date and after the filing of this complaint as per the direction of the Forum the complainant paid Rs.25,000/-. It is further submitted that the opposite party filed ARC 135/2001 before the Joint Registrar of Co-operative Society(General) Kasaragod and obtained a decree against the complainant and subsequently execution proceedings initiated and the mortgaged property of the complainant was proposed to be sold in public auction five times and the same were postponed as there was no bidders. According to the opposite parties the complainant is a chronic defaulter and as per the award passed by the Arbitrator an amount of Rs.2,49,309/- is due to the opposite party as on 31/1/2013 and there is no merit in the complaint and it is to be dismissed with cost.
No oral evidence is adduced by both parties Exts.B1 & B2 is marked on the side of opposite parties. Heard the counsels appearing for both sides and document perused.
The only grievance of the complainant is that he is seeking an order directing the opposite party to close the loan a/c No.MTNA(L) 16 by receiving the correct amount due. In the version filed by the opposite party specifically stated the amount due to the opposite party by the complainant. Moreover as per the direction of the Forum the opposite party produced Exts.B1&B2, the correct statement of accounts relating to the loan account of the complainant. The complainant is not filed any objection to the Exts.B1&B2. If the complainant is bonafide in his pleadings he can very well pay the amount mentioned in Exts.B1&B2. The counsel for opposite parties argued that the complainant is not bonafide and what is stated in his complaint is false. Opposite parties are always ready to accept the loan amount from complainant. There is an Arbitration award in respect of the loan and the same is pending in execution. According to opposite parties only to delay the execution proceedings initiated by the opposite party against the complainant the complainant filed this vexatious complaint. On going through the entire facts on records we are of the view that no decree holder will reject the payment from the judgment debtor. If the complainant is ready to pay the amount he can very well pay before the opposite party at the time when he obtained the copy of Exts.B1&B2. According to opposite party so far the complainant has not paid the amount. Moreover the complainant obtained interim injunction order from this forum staying the execution proceeding initiated by the opposite parties. So the opposite parties are restrained from proceeded with auction .
After going through the above facts we are of the opinion that it is not just and equitable to issue an order since already arbitration award is there. Moreover if the complainant is bonafide he can pay the due amount at any time. There is no specific order is required.
There is no merit in the complaint. Hence the complaint is dismissed. No order as to costs. Interim stay is vacated. The opposite parties are free to proceed with execution.
Exts.B1&B2- statement of account .
Sd/ Sd/ Sd/
MEMBER MEMBER PRESIDENT
eva
/Forwarded by Order/
SENIOR SUPERINTENDENT
