O R D E R Sri. Santhosh Kesavanath P., President.
Case of the petitioners is as follows: Petitioner availed a housing loan for Rs. 3,50,000/- from the opposite party. From 1..1..2007 the petitioner started to repay the loan amount. On 7..9..2007 petitioner requested the first opposite party to intimate him about the balance statement and also about statement with regard to the EMI credited and debited in his principal component. According to the petitioner the opposite party has not issued statement to the petitioner, even after his repeated request. So, the petitioner sent a registered letter to the opposite party demanding the account statement. But the opposite party has not so far heed to the demands of the petitioner. So the petitioner prays for a direction of the Forum to give the petitioner a detailed statement of accounts from 1..1..2007 to till date and also he claims Rs. 10,000/- as compensation. -2- The opposite party entered appearance and filed version contenting that the petition is not maintainable. According to the opposite party system generated account statements are served to the petitioner. But they contented that they have no procedure of generating statements as per the requirements of the complainant unless it is so directed by any authority. The opposite party denied all other statements of the petitioner with regard to the unfair trade practice and deficiency in service. They pray for dismissel of the petition with their costs. O R D E R In view of the admission of the opposite party system generated accounts are served to the petitioner and there is no procedure of generating statement as per the requirement of the petitioner unless it is so directed. So, we are of the opinion that the opposite party themselves admitted that they had not served the statement as per request of the petitioner. So, we are of the opinion that the act of not serving statements amounts to deficiency in service on the part of the opposite party. In the result petition is allowed . Opposite party is ordered to give the petitioner statement of accounts from 1..1..2007 up to the date when the order is complied, showing the details of the monthly remittance of the petitioner, amounts which is credited to the principal, monthly interest charged, balance outstanding etc. Considering the facts and circumstances of the case no cost is ordered. The order shall be complied with within 30 days from the date of this order. If the order is not complied as
-3- directed within the said period the opposite party is entitled for an amount Rs. 2,000/- as compensation. Dictated by me transcribed by the confidential Assistant, corrected by me and pronounced in the Open Forum on this the 28th day of November, 2008. Sri. Santhosh Kesavanath P., President Sd/- Smt. Bindhu M. Thomas, Member Sd/- Sri. K.N. Radhakrishnan, Member Sd/-
......................Bindhu M Thomas ......................K.N Radhakrishnan ......................Santhosh Kesava Nath P | |