O R D E R

Sri.NishadThankappan (Member II):

                        The complainant is filed this petition u/s.12 of the C.P. Act 1986 for getting a relief from the opposite parties.

                    2. The case of the complainant in brief as follows:  Shri. SomanathanNair, the complainant has filed a complaint before the commission with request to refund excess amount charged by the opposite parties.  The main allegation of the complaint is as follows: The complainant was the member of the opposite party’s co-operative bank.  It is alleged that the complainant had availed a loan of Rs. 2,00,000/- vide loan no. CL-1412 dated: 06/04/2019.  At the time of disbursement opposite parties had illegally collected a sum of Rs. 2,500/- from the complainant.  It is further alleged that the complainant had contacted to the opposite parties several times and requested to refund the excess amount.  He had also contacted to the higher authorities for getting the amount.  After the laps of several times opposite parties had disbursed the said amount.  But the opposite parties has not repaid the interest thereon.  Hence the complaint for the said amount.

                   3. Notices had issued to the opposite parties.  But opposite parties has not appeared before the commission for filing detailed version.  So the commission,the opposite parties set ex-parte on 21/10/2020.

                   4. Complainant has filed proof affidavit in support of the complaint.  Complainant has produced documents in evidence, marked the same as Ext. A1 to Ext. A7.   Considering the allegations of the complainant the commission has raised the following issues for consideration.

          1. Whether the complainant is entitled to get the interest and other

charges.

         2. Whether the opposite parties has committed deficiency of service in 

this case.

         3. Regarding compensation and cost?

          5. Point No.1 to 3:- Thecomplainant has taken a loan from opposite parties. Inconnection with the said loan, the opposite parties has realized a sum of Rs. 2,500/- from the complainant illegally. Ext. A1 series shows the receipt issued by the opposite parties.  A2 to A7 are representation before the Higher Authorities filed by the complainant.  On a perusal of the complaint and other documents produced in evidence it can be seen that the action of the opposite parties is unauthorised by way of a charging Rs. 2,500/- from the complainant.  The entire proceedings of the complaint show that there is irresponsible way of handling of the opposite parties.  They have not appeared before the commission to explain the reason for charging the excess amount.  This shows the negligence, dereliction of duty on the side of the opposite parties.  In this case we are of the strong view that the allegation raised by the complainant is to be treated as genuine.  So the complaint is to be allowed as prayed for. 

                   6. In the result we hereby ordered that opposite parties shall pay the interest for Rs. 2,500/- (Rupees Two Thousand Five Hundred only) at the 14% interest from 06/04/2019 to 17/01/2020 together with a compensation of the Rs. 10,000/- (Rupees Ten Thousand only) for the mental agony inconvenience physical strain of the complainant due to the gross negligence of service and dereliction of the duties of the opposite parties.  Considering the facts and circumstances of this case,we further ordered that opposite party shall pay a sum of Rs.1,000/- (Rupees One Thousand only) as cost of this proceedings.  We further ordered that the opposite parties shall pay the said amount noted above within one month one from the date of this receipt of this order.  In case any default on the part of the opposite parties to pay the said amount, the complainant is free to proceed against asset of the opposite parties for the realisation of said amount.

     Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 30^thday of November, 2020.

                                                                                             (Sd/-)

                                                                               Sri.NishadThankappan

                                                                                           (Member-II)

Sri.George Baby(President)              :          (Sd/-)

Smt. N. ShajithaBeevi (Member-I)   :          (Sd/-)

Appendix:

Witness examined on the side of the complainant:

PW1:T.K. Somanathan Nair

Exhibits marked on the side of the complainant:

A1:  Bank Receipts of Mylapra Service co –operative Bank.

A2: copy of the complaint filed before the Hon’bleMinister of co-operative

department.

A3:  copy of letter issued by co-operative society Registrar dated: 31/05/2019.

A4: copy of letter issued by co-operative Joint Registrar dated: 04/07/2019.

A5: copy of letter to co-operative society Assistant Registrar Office

dated:26/08/2019.

A6: copy of order of the Human Rights Commission.

A7: copy of complaint sent to the Human Rights Commissioner dated:

      13/11/2019.

Witness examined on the side of the opposite parties:Nil.

Exhibits marked on the side of the opposite parties: Nil.

Copy to:-

                   (1). Somanathan Nair,

ThekkethilVeedu, Mylapra Town P.O.                                       

                             (2). The Secretary,

                                   SCB Ltd No. 639, Mylapra,

          Mylapra Town PO.

                             (3). The President,

                                  SCB Ltd No. 639, Mylapra,

Mylapra Town P.O.

                            (4). The Stock File.