Complainant filed on 15-07-2009
Compliant disposed on 13-12-2010
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM ::AT:: KARIMNAGAR
PRESENT: HON’BLE SRI K.DEVI PRASAD B.SC.,LL.B. PRESIDENT
SMT.E.LAXMI M.A.,LL.M,PGDCA (CONSUMER AWARENESS) MEMBER
SRI K.CHANDRA MOHAN RAO B.COM.,LL.B. MEMBER
MONDAY, THE THIRTEENTH DAY OF DECEMBER, TWO THOUSAND TEN
CONSUMER COMPLAINT NO.111 OF 2009
Between:
Pulluri Thukkarao. S/o. Namba rao, Age 92 years, Occ: Agrl, R/o Vadkapur village of Julapally mandal, district Karimnagar.
…Complainant
AND
Secretary Primary Agriculture Credit Society, Doolikatta (post), Eligaid (Mdl.) Karimnagar district.
…Opposite party
This complaint is coming up before us for hearing on 24-11-2010, in the presence of complainant and Sri T.Pandari Vittal, Advocate for opposite party, and on perusing the material papers on record, and having stood over for consideration this day, the Forum passed the following:
O R D E R
1. This complaint is filed under Section 12 of C.P. Act, 1986 seeking direction to the opposite party to credit the amount of Rs.20,000/- paid by him on 10.1.1994 to his loan account and to award damages of Rs.50,000/- with costs.
2. The brief averments of the complaint are that the complainant availed loan for development of Agriculture in the year 1989 from the opposite party and that he had already repaid the said loan amount by paying Rs.20,000/- on 10.1.1994. But the complainant instead of crediting the said amount to his loan account credited the same in another account no.30E 3N of P.Thukka Rao S/o.Namba Rao. He further submits that the opposite party issued a demand notice Dt: 15.2.2009 calling upon him to pay a sum of Rs.19,010/- towards arrears of loan amount payable hy him and that the said notice is false and without any basis. Therefore, the complainant claimed for an order to direct the opposite party to adjust Rs.20,000/- to his loan account and to award damages.
3. The opposite party filed Counter Affidavit submitting that the complainant availed Agricultural Development loans from their society. He obtained one loan by showing his Father’s name as P.Namba Rao and another loan by showing his adoptive father’s name. P.Jalapathyi Rao. When he failed to pay the said loan, the opposite party initiated execution proceedings to recover the loan amount on which he paid Rs.20,000/- on 10.1.1994. After receiving the said amount the opposite party credited Rs.10,000/- to the loan A/c.No.30/E of the complainant and the remaining Rs.10,000/- was credited to the other loan account of the complainant in which his father’s name is shown as Jalapathi Rao. The complainant filed C.D.No.104/1998 before this FORUM claiming that the amount of Rs.20,000/- paid by him was wrongly adjusted to other account and prayed for readjusting the same to his loan accounts. The said case was dismissed and the complainant preferred an appeal before the Hon’ble State Commission, Hyderabad in F.A.No.1045/2005 and the same was allowed directing the opposite party to credit the said amount of Rs.20,000/- to the account of the complainant. Thereafter the complainant filed PP No.24 of 2007 for recovery of the said amount with interest and costs. As per the directions of this Hon’ble Forum the opposite party paid a sum of Rs.36,300/- to the complainant on 2.6.2007 and the complainant filed full satisfaction memo on 4.6.007. Accordingly the PP was closed on 4.6.2007. It is submitted by the opposite party that the complainant already received the amount paid by him on 10.1.1994 and therefore, he was repaid the loan amount payable by him. As on 15.2.2009 the complainant is liable to pay Rs.19,010/- towards arrears of loan amount and when the opposite party served demand notice he has filed this complaint with false and baseless allegations. Since there is no deficiency of service the opposite party prayed for dismissal of the complaint.
4. The complaint filed his Proof Affidavit reiterating the averments made in the complaint and filed documents which are marked as Ex.A1 to A15. Ex.A1 is the original receipt for Rs.10,000/- Dt: 10.1.1994. Ex.A2 is the triplicate of same receipt Dt: 10.1.1994. Ex.A3 is the original Demand Notice Dt: 15.2.2009. Ex.A4 is the photo copy of receipt Dt: 10.1.1994. Ex.A5, A6, A7 & A8 are the Demand Notices Dt: Not visible. Ex.A9 is the photo copy of report submitted to JMFC. Ex.A10 is the photo copy of letter translated in Telugu submitted to S.I. of Police. Ex.A11 is the photo copy of notice from Commissioner, copy marked to opposite party. Ex.A12 is the copy of receipt for Rs.41,000/-. Ex.A13 is the photo copy of Form – III, L.T.Loan Ledger of Loan No. 3 N/ARDC issued by opposite party. Ex.A14 & A15 are other Form-III, L.T.Loan Ledgers of Loan No.301 and 694 E P issued by opposite party.
5. The opposite party filed Proof Affidavit of it’s Secretary reiterating the averments made in the counter and filed documents which are marked as Ex.B1 to B15. Ex.B1 & B2 are the receipts bearing no.39 & 45 issued to complainant by opposite party Dt: 10.1.1994. Ex.B3 is the photo copy of application for membership in opposite party’s society. Ex.B4 is the photo copy of Office Note of opposite party ( in 20 pages). Ex.B5 is the office copy of Legal Notice Dt: 17.8.2007 issued to opposite party. Ex.B6 is the Reply Notice Dt: 17.12.2007. Ex.B7 is the postal receipt. Ex.B8 is the photo copy of Disbursement–cum-Loan Ledger in Loan No.30E/SLD. Ex.B9 is the photo copy of Statement showing the Sanction/Disbursement and Repayment of Loans to complainant. Ex.B10 is the receipt for Rs.36,300/- towards decretal amount issued by this Forum Dt: 2.6.2007. Ex.B11 is the photo copy of appeal in F.A.No.1045/2005 against CD No.104/1998. Ex.B12 and B13 are the photo copies of L.T.Loan Ledger issued by opposite party. Ex.B14 is the duplicate copy of letter from Branch Manager, The Karimnagar Dist. Cooperative Central Bank Ltd., Br. Sultanabad addressed to the General Manager, K.D.C.C. Bank Ltd., Karimnagar Dt: 22.1.1997. Ex.B15 is the photo copy of Receipts and Payments issued by opposite party.
6. The points for consideration are:
- Whether there is any deficiency of service on the part of opposite party?
- If so, to what relief the complainant is entitled?
7. It is contended by the complainant that the amount of Rs.20,000/- paid by him through receipts under Ex.A1 and Ex.A2 were not credited to his loan account but credited to some other loan account and that the opposite party issued a demand notice under Ex.A3 Dt: 15.2.2009 calling upon him to pay Rs.19,010/- towards loan A/c.No.30/E. He contends that he is not liable to pay any amount and sought direction to adjust the amount of Rs.20,000/- paid by him on 10.1.1994 to his loan account and discharge him from the liability of repaying the loan amounts. He also contends that because of illegal demands he is put to mental agony and claimed damages.
8. It is contended by the opposite party that the complainant availed two loans for Agriculture Development. When a demand notice was issued on 16.11.1993 the complainant paid Rs.20,000/- vide original receipts under Ex.B1 and Ex.B2 Dt: 10.1.1994. As there were two loans with A/c.No.3N/ARDC and A/c.No.30E, SLD the opposite party adjusted Rs.10,000/- to each of the loan account out of Rs.20,000/- paid by him. But the complainant filed a case in CD No.104/98 before this FORUM claiming that the amount paid by him was wrongly credited to other account and claimed for refund of the same. The complaint filed by him in CD No.104/98 was dismissed. Against which he preferred an appeal before the Hon’ble State Commission in FA No.1045/05 which was allowed on 17.4.2006 vide Ex.B11 directing the opposite party to credit Rs.20,000/- with interest to the account of complainant. Subsequently the opposite party paid Rs.36,300/- to the complainant towards refund of the amount of Rs.20,000/- with interest as per the orders of the Hon’ble State Commission in PP No.24/2007 on 2.6.2007 under Ex.B10 issued by this FORUM. It is contended that the amount of Rs.20,000/- paid by the complainant towards loan account were refunded to the complainant with interest on 2.6.2007, as such the complainant did not pay any other amount towards the arrears payable by him. Therefore, the opposite party issued demand notice under Ex.A3/Ex.B9 Dt: 15.2.2009 calling upon him to pay Rs.19,010/-. There is no deficiency in service. There is no documentary proof produced by the complainant to show that he has repaid the loan amount of Rs.19,010/- which h is liable to pay. This complaint is filed only to avoid payment the loan amount demanded by the opposite party. Hence prayed for dismissal of the complaint.
9. This case is filed by the complainant claiming that the demand notice issued by opposite party under Ex.A3/Ex.B9 is illegal and prayed to direct the opposite party adjust Rs.20,000/- paid by him on 10.1.1994 towards the loan amount payable by him. A perusal of the demand notice under Ex.A3/B9 discloses that the complainant is liable to pay Rs.19,010/- towards the loan account no.30/E of PA C.C.S. Dholikatta. Admittedly the complainant availed two loans for his agricultural development from the opposite party and he was in arrears as on 19.11.1993. When the opposite party initiated Execution proceedings for recovery of loan amount the complainant paid Rs.20,000/- on 10.1.1994 under Ex.A1, Ex.A2/Ex.B1, B2 and the said amount was adjusted to his loan account. But the complainant filed a case in CD No.104/98 in this FORUM and on dismissal of this case he filed an appeal in FA No.1045/2005 which was allowed by the Hon’ble State Commission directing the opposite party to credit the amount of Rs.20,000/- with 6% interest to the account of complainant. In pursuance of the said judgment the opposite party paid Rs.36,300/- to the complainant on 2.6.2007 in PP No.24/2007 and the complainant gave a receipt and closed the proceedings. As per the earlier complaint the complainant claimed that the amount paid by him was wrongly credited to some other account and received the same with interest from the opposite party. There was no amount paid by him to the loan accounts.
10. In the complaint and other documentary evidence the complainant admitted that he availed two loans from the opposite party and claimed that the amount of Rs.20,000/- paid by him on 10.1.1994 was not adjusted to his loan account. The document i.e. receipt under Ex.B10 reveals that the complainant received Rs.36,300/- from the opposite party towards the refund of the amount paid by him. Having received Rs.36,300/- from the opposite party towards refund of Rs.20,000/- with interest of Rs.16,300/- the complainant did not pay any amount to the loan account payable by him. On the other hand the complainant sought direction to adjust the same amount to his loan account in the present complaint. When he has already received back the amount of Rs.20,000/- with interest as per the directions of State Commission it clearly speaks that no amount paid by him towards demanded amount under notice. Because of non-payment of the loan amount the opposite party rightly issued demand notice under Ex.A3/Ex.B9. Therefore it is clear that without paying the amount the complainant filed this complaint to adjust the amount of Rs.20,000/-, in fact which amount already refunded and received by complainant. The documentary evidence produced by the opposite party clearly established that the complainant is liable to pay Rs.19,010/- towards loan amount. In view of the foregoing reasons we hold, that there is no deficiency of service on the part of opposite party and the claim of the complainant for adjustment of Rs.20,000/- is found baseless. Therefore, the complainant is not entitled for the relief sought in this case.
11. In the result the complaint is dismissed without costs.
Typed to my dictation by Stenographer (DUR) after correction the orders pronounced by us in the open court this the 13th day of December 2010.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
NO ORAL EVIDENCE HAS BEEN ADDUCED ON EITHER SIDE
FOR COMPLAINANT
Ex.A1 is the original receipt for Rs.10,000/- Dt: 10.1.1994.
Ex.A2 is the triplicate of same receipt Dt: 10.1.1994.
Ex.A3 is the original Demand Notice Dt: 15.2.2009.
Ex.A4 is the photo copy of receipt Dt: 10.1.1994.
Ex.A5, A6, A7 & A8 are the Demand Notices Dt: Not visible.
Ex.A9 is the photo copy of report submitted to JMFC.
Ex.A10 is the photo copy of letter translated in Telugu submitted to S.I. of Police.
Ex.A11 is the photo copy of notice from Commissioner, copy marked to opposite party.
Ex.A12 is the copy of receipt for Rs.41,000/-.
Ex.A13 is the photo copy of Form – III, L.T.Loan Ledger of Loan No. 3 N/ARDC issued by opposite party.
Ex.A14 & A15 are other Form-III, L.T.Loan Ledgers of Loan No.301 and 694 E P issued by opposite party.
FOR OPPOSITE PARTY:
Ex.B1 & B2 are the receipts bearing no.39 & 45 issued to complainant by opposite party Dt: 10.1.1994.
Ex.B3 is the photo copy of application for membership in opposite party’s society.
Ex.B4 is the photo copy of Office Note of opposite party ( in 20 pages).
Ex.B5 is the office copy of Legal Notice Dt: 17.8.2007 issued to opposite party.
Ex.B6 is the Reply Notice Dt: 17.12.2007.
Ex.B7 is the postal receipt.
Ex.B8 is the photo copy of Disbursement–cum-Loan Ledger in Loan No.30E/SLD.
Ex.B9 is the photo copy of Statement showing the Sanction/Disbursement and Repayment of Loans to complainant.
Ex.B10 is the receipt for Rs.36,300/- towards decretal amount issued by this Forum Dt: 2.6.2007.
Ex.B11 is the photo copy of appeal in F.A.No.1045/2005 against CD No.104/1998.
Ex.B12 and B13 are the photo copies of L.T.Loan Ledger issued by opposite party.
Ex.B14 is the duplicate copy of letter from Branch Manager, The Karimnagar Dist. Cooperative Central Bank Ltd., Br. Sultanabad addressed to the General Manager, K.D.C.C. Bank Ltd., Karimnagar Dt: 22.1.1997.
Ex.B15 is the photo copy of Receipts and Payments issued by opposite party.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
