By. Sri. K. Gheevarghese, President:-

The complaint filed against the opposite party for the refund of the excess amount received from the complainant towards the repayment of the loan and for compensation on the delayed registration of the property in favor of the complainant.

2. The complaint in brief is as follows:- The complainant was a school teacher in government school and availed loan from the opposite party of Rs.50,000/-. The repayment of the loan amount was to be in 156 installments of Rs.645/- on every month. The opposite party demanded Rs.767/- as installments from the 79^th installments onwards and an excess amount of Rs.9,400/- was collected from the complainant on closure of liability. The complainant demand

refund of the excess amount collected but the opposite party was not ready to consider the request.

The immovable property mortgaged in favor of the opposite party was not re-registered in favor of

the complainant till 15.09.2010 and that too was after repeated demand of the complainant. There may be an order directing the opposite party to refund Rs.9,400/- the excess amount received from the complainant along with interest. The delay in registering the property in favor of the complainant is to be compensated with Rs.50,000/- along with cost of Rs.2,500/-.

3. The opposite party is declared exparte.

4. The points in consideration are:-

1. Is there any deficiency in service on the part of opposite party in the repayment of the loan amount?.

2. Relief and Cost.

5. Points No. 1 and 2:- The complainant filed proof affidavit. Exts.A1 to A4 are the documents produced by the complainant. Ext.A1 is the circular issued to the complainant. The amount of the loan availed by the complainant as per this record is Rs.59,720/-. The repayment of the loan amount to be in installments of 156 on monthly vice. Each installments mentioned in this documents is of Rs.645/-. According to the complainant the amount of loan received is Rs.50,000/- but it is not supported by documents produced. Ext.A1 document is silent on interest for the delayed payment. However, the complainant is to remitted Rs.1,00,620/- towards loan amount. The recovery register details the repayments of the loan it is marked as Ext.A2. On perusal of this

documents it is also seen that repayment of the amount was not regular on every months. The letter dated 17.09.2010 marked as Ext.A4 inform the complainant for the registration of the mortgage

deed in favor of the mortgagor. The loan was closed by 2004 and there was a delay of 6 years in re-registering the mortgage deed in favor of the complainant. As averred in the complaint from the 79^th installments onwards the complainant had into remit Rs.767/- in the place of Rs.645/-. The issuance of the loan and the repayments of the loan amount are governed by a By-party agreement. The enhancements of the monthly installment on 01.04.1998 onwards to Rs.767/- is not governed by the terms and conditions agreed when the loan amount was given.

6. In the absence of any adverse inferences it is to be considered that the opposite party received excess amount from the complainant contrary to the terms of repayments and there was in-ordinate delay in re-conveyance of the deed in favor of the complainant, it is to be compensated.

In the result the complaint is partly allowed. The opposite party is directed to refund Rs.10,000/- (Rupees Ten Thousand Only) to the complainant towards the delay in re-conveyance of the deed and excess amount received from the complainant within one month from the date of

receipt of this order. The complainant is also entitled for a cost of Rs.500/- (Rupees Five Hundred Only).

Pronounced in Open Forum on this the day of 29^th October 2011.

Date of filing:22.07.2011.