Kerala

Idukki

CC/58/2019

Murali Krishnan - Complainant(s)

Versus

SBI Karimkunnam - Opp.Party(s)

08 May 2023

ORDER

DATE OF FILING : 18/03/2019

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, IDUKKI

Dated this the   8^th day of May 2023

Present :

              SRI.C.SURESHKUMAR                                               PRESIDENT

              SMT.ASAMOL P.                                                          MEMBER

              SRI.AMPADY K.S.                                                        MEMBER

CC NO.58/2019

Between

Complainant                                :  Muraleekrishna M.G.,

                                                        Muttiyanikunnel House,

                                                         Karimkunnam P.O.                                                          

                                                   And

Opposite Party :                      :  1 .  The Manager,

                                                          State Bank of India, Karimkunnam Branch,

                                                          Karimkunnam.

                                                           (By Adv.James Thomas)

 

O R D E R

SRI.AMPADY K.S., MEMBER

 

This complaint is filed under S.12 of Consumer Protection Act, 1986 raising the following allegations against opposite party.

 

1 . Complainant had availed a housing loan with A/c No.67317621218 from opposite party.  He had defaulted payment of 2 instalments.  He applied for details of loan on 28/02/2019 from opposite party for the purpose of remitting income tax.  But manager of the bank refused to give the required detailed for the reason that payment was defaulted.  He told him that, he has the power to seal the house of complainant if necessary and ridiculed him in the presence of others.  Then he demanded the manager to give written reasons if he is not willing to give the loan details.  But he failed to do so.  Due to the attitude of the opposite party, complainant lost the income tax benefits.  So he has to suffer loss of Rs. 50,000/-.

(Cont....2)

-2-

Hence he prayed for the following reliefs.

1 . Direct the opposite party to give Rs.50,000/- towards loss occurred to him.

2 . Allow Rs.5000/- towards his hardship and sufferings.

3 . Direct opposite party to give him loan account details.

4 . Allow litigation cost of Rs.2500/-.

Opposite party filed written version as follows.

1 . The complainant has approached the Forum without any cause or grounds.

2 . The complainant has availed a housing loan from the Karimkunnam Branch of the State Bank of India.  An amount of Rs.13,50,000/- was sanctioned on 18/03/2015, to the complainant and the loan was disbursed to him through his loan account No.67317618863.  The present rate of interest as per the loan agreement is 8.80% per annum, and the EMI is Rs.12,973/- for 240 months (20 years).

3 . On 27/02/2019 the complainant  approached the opposite party with a request to issue an interest certificate regarding his home loan in order to claim deduction in the payment of Income Tax for the financial year 2018-2019, the petitioner has paid only Rs.32,000/- towards repayment of the loan and his payment was irregular.  The opposite party prepared a certificate showing the details of his loan and repayment.  Then the complainant demanded for a certificate for the entire EMI due for the year, ie Rs.1,55,676/- (12973 X 12).

 

(Cont....3)

-3-

 

4 . The allegation in the complaint that the opposite party refused to issue certificate on the ground of default in repayment and insulted him in the presence of others etc are absolutely false and hence denied.

5 . Opposite party is not bound to issue the certificate with materials as dictated by a customer.  The certificate is issued in tune with the requirements under Income Tax Act.  No loss is sustained to the complainant  by any act of the opposite arty.  The complainant can get I.T. exemption if he is eligible for the same.  The opposite party is ready to give the loan details in writing if the complainant asks for the same.

6 . The opposite party never caused any defamation or any other losses to the complainant.  The complainant is not entitled to get any relief against the opposite party.

Hence it is prayed that this Hon’ble Court may be pleased to dismiss the above complaint with compensatory cost of the opposite party.

Though the case was posted numerous times from 2019 onwards for evidence of complainant, he sought time again and again.  No documents were also filed.  Case was finally posted for evidence to 31/03/2023.  On that day also, time sought on his behalf for evidence without stating reason. Hence the prayer was declined and complainant’s evidence closed.  Opposite  party submitted that, opposite party has no evidence as the complainant has not adduced any evidence.   So the case stood adjourned to 11/04/2023 for hearing.  On that day opposite party or counsel was not present.  No representation also. 

Heard complainant.

 

(Cont....4)

-4-

We have examined the pleadings of both sides.  On a perusal of the same,  following points arise for consideration:-

1 . Whether there is any deficiency in service on the part of opposite party?

2 . If so, for what reliefs the complainant is entitled to?

3 . Order to be passed?

Point Nos. 1 and 2 are considered together

There is no dispute with regard to the request made by complainant for loan details.  If the loanee commits default in payment, bank has the right to proceed against him by legal means.  Default is not a ground to reject the request.  Being a consumer, bank is bound to give the loan details to him.  Here, opposite party stated that he had prepared certificate requested by the complainant.  It is also submitted that opposite party is ready to give the loan  details in writing if the complainant ask for the same.  Opposite party denied the allegation of insult of complainant  in the presence of others.  Complainant failed to establish such allegations.  Complainant has not rebutted the contentions of opposite party.  This shows that such allegation is raised  for the sake of complaint.  Hence this allegation cannot be accepted.  He also failed to establish hardship and loss.  Besides, loss of Rs.50,000/- on account non-issuance of certificate is also not proved.  He has not filed income tax return also.  Moreover, total repayment in 2018-19 was only Rs.32,000/- as per averment of opposite party.  This is not challenged by complainant.  It is the duty of complainant to establish deficiency in service or unfair trade practice which is not fulfilled.  Hence we are not inclined to allow any compensation/loss or litigation costs in this case.  Point Nos.1 and 2 are answered as above.

                                                                                                  (Cont....5)

-5-

Point No.3

Considering the facts of the case and the willingness of opposite party to issue certificate, we find it just and proper to issue a direction to opposite party on the following lines.

If the complainant files  application for certificate of payment in respect of his housing loan and loan details within 30 days of receipt of this order, opposite party must give written certificate within 5 days from the date of receipt of such application.  Point No.3 is answered accordingly.

In the result complaint is allowed in part to the above extent.

Parties shall take back extra copies without delay.

Pronounced by this Commission on this the 8^th  day of May 2023.

 

                                                                                                Sd/-   

                                                                            SRI.AMPADY K.S., MEMBER

                                                                                            Sd/-                                                                

                                                                 SRI.C.SURESHKUMAR, PRESIDENT  

                                                                                            Sd/-

                                                                        SMT.ASAMOL P., MEMBER

 

APPENDIX

 

Nil

 

                                                                                           Forwarded by Order  

 

 

                                                                                      ASSISTANT REGISTRAR