Filed On: 06.06.2013
Disposed On:21.07.2015
THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, THIRUVALLUR
PRESENT . THIRU. S. PANDIAN, B.Sc., L.L.M : PRESIDENT
TMT. S. SUJATHA, B.SC., : MEMBER-I
THIRU. V. VENKATESAN, M.A.B.Ed., MBA. M.PHIL.B.L., : MEMBER-II
Tuesday, the Day of 21st July - 2015
C.C .No. 27/2013
Mr.C.Radhakrishanan
S/o. C. Chakaravarthy
Satharai kandigai village
Pudhumavilangai post
Thiruvallur Taluk & District. …Complainant
-Vs-
The Branch Manager
Indian Bank
Bazaar Street, kadambathur
Thiruvallur Taluk & District. …Opposite Party
Counsel For Complainant : M/s. A.R. Poovannan, Advocate
Counsel For Opposite Party : Mr. T.V. Suresh, Advocate
This Complaint is coming upon before us finally on 09.07..2015 in the presence M/s. A.R. Poovannan, Advocate on the side of the complainant and Mr. T.V. Suresh, Advocate appeared on the side of the Opposite party and upon hearing arguments on the side of the both and perused the documents and evidence, this Forum delivered the following,
ORDER
PRONOUNCED BY THIRU. S. PANDIAN, PRESIDENT
This Complaint is filed by the complainant U/S 12 of Consumer Protection Act 1986 against the opposite party to direct the Opposite Party to furnish proper statement of account and to pay a compensation of Rs. 50,000/- towards mental agony and hardship with cost.
The Brief Facts of the Complaint are as follows
1. The Complainant availed Crop loan from the opposite party Bank on 05.10.2007 and has executed a Demand Promissory note and an agreement of hypothecation in favour the opposite party Bank. The Complainant’s mother has also availed crop loan on 05.12.2007 and the complainant stood as the guarantor and extend the Equitable Mortgage for the said loan. The complainant further states that due to short fall of rain and scarcity of Labourers and other practical problems in doing agriculture, there is no profit in the crops and the complainant is unable to repay the loan as agreed. While so, the complainant on 17.09.2012 received with a notice from the opposite party that since the complainant’s loan account is treated as a non performing account and the complainant is declared as a defaulter and informed that his photograph will be published in the news dailies, the complainant requested the opposite party that not to take any such action and assured to repay the loan. The opposite party also assured that the opposite party will waive the over due interest and get some concession in the accrued interest also. Accordingly, the complainant paid a sum of Rs.1,75,000/- in his account and Rs. 25,000/- in his mother’s account. Further the complainant requested the opposite party for extension of time till the next harvest. While so, in the month of February 2013 the opposite party repeatedly calling the complainant over phone and threatening the complainant to repay the entire loan amount otherwise the complainant’s name and Photographs will be published in the news dailies as defaulters. The complainant therefore issued legal notice on 06.03.2013 to the opposite party enabling the complainant to repay the loan and defer the opposite party from harassing him on 18.03.2013, The opposite party on receipt of the notice issued a reply that the complainant’s request will not be considered.
2. The Complainant then has cleared the entire loan in the name of his mother and awaiting approval from the higher officials of the opposite party and also the yielding to repay the loan from this crop. While so, the opposite party again issued a notice dated 15.05.2013 to the complainant and his guarantor demanding repayment thereby threatening them that their names will be published. In the notice, the opposite party has claimed as sum of Rs.5,74,956 and the opposite party fails to furnish proper accounts for the same. The opposite party has not given credit for the amount paid by the complainant earlier and refused to furnish the correct statement of accounts. The complainant is put great hardship and mental agony. The complainant suffering with untold mental hardship by the act of the opposite party by refusing to furnish proper accounts and on the other hand indulging in all these means that the opposite party is want only doing the same. 0The act of the opposite party is high handed and against law. It is purely a recklessness and deficiency in the service of the opposite party. Hence, the complainant.
Written Version Filed by the Opposite party are as follows:
3. The Opposite party denies all the allegations in the complaint. The Opposite Party denies that the complainant suffered loss due to agricultural failure, that the opposite party threatened them with dire consequences as alleged in the Petition. The loan account was classified as Non-Performing Asset (NPA) as per RBI guidelines and once if it classified as NPA, the Bank has to initiate the legal proceedings for recovery. When the Opposite Party learnt that the Complainant was acting and willfully committing default in repayment, the opposite party initiated legal proceedings for recovery by sending lawyer notice on 17.09.2012. The complainant has not sent any reply to it, nor regularized the EMI, Schedule. In fact the opposite party has not caused any deficiency of service in dealing with the loan accounts of the complainant. In fact the complainant closed his mother’s loan only under OTS scheme. The complainant in order to gain time to settle his loan, this vexatious petition is filed. In fact the complainant himself wrote a letter on 02.04.2013, requesting the opposite party to consider for waiving interest and settle the case by paying the dues in one “Lump Sum”. Even is that better, never said anything that the statement of account not given as alleged in the complaint. The complainant is aware of the loan dues and only based on that he has settled the loan dues in his mothers account. The complainant issued a legal notice on 06.03.2013. Even in that notice, there is no whisper or anything regarding “no furnishing of statement”. It all requested for waiver of interest and time. The opposite party issued reply stating the facts on 15.03.2013 explaining the prevailing circumstances and thereafter only on 02.04.2013, the complainant have a letter requesting for waiver of interest. Even in that letter, no complaint was made regarding “non furnishing of statement. The cause of action alleged is not true. Hence, this complaint is liable to be dismissed.
4. On the side of the complainant the proof affidavit filed as his evidence and Ex.A1 to Ex.A9 are marked. Similarly the opposite party also filed proof affidavit for evidence. No documents marked.
5. At this Juncture, the main point before this forum, for consideration is,
- Whether there is any deficiency of service on the part of the opposite party as alleged in the complaint?
- Whether the complainant is entitled for any relief as prayed for?
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13. Point No. 2:- As per decision arrived in point no. 1 the complainant is not entitled for any relief as prayed in the complaint . Thus the point is answered accordingly.
In the Result, this complaint is dismissed.No costs.
Dictated directly by the president to the Steno-typist, transcribed and computerized by her, corrected by the president and pronounced by us in the open forum on this the 21st July – 2015.
Sd/-*** Sd/-*** Sd/-***
MEMBER – I MEMBER –II PRESIDENT
List of Complainant Documents:
Ex.A1 Dt. 17.09.2012 - Original Copy of Notice to the complainant
Ex.A2 Dt. 24.09.2012 - Original Copy of Deposit receipt Rs.50,000/-
Ex.A3 Dt. 28.09.2012 - Original Copy of Deposit receipt Rs. 25,000/-
Ex.A4 Dt. 28.09.2012 - Original Copy of Deposit receipt Rs. 25,000/-
Ex.A5 Dt. 31.12.2012 - Original Copy of Deposit receipt Rs. 1,00,000/-
Ex.A6 Dt. 06.03.2013 - Original copy of Legal Notice to the opposite party
Ex.A7 Dt . - - Original Copy of served acknowledgment card
Ex.A8 Dt. 18.03.2013 - Original Copy of Reply notice by the opposite party
Ex.A9 Dt. 15.05.2013 - Xerox Copy of Demand notice from the opposite
party to the complainant
List of Opposite Party Documents: -Nil-
Sd/-*** Sd/-*** Sd/-***
MEMBER – I MEMBER –II PRESIDENT
