Kerala

Trissur

CC/07/359

Anandhanarayanan.M.K. - Complainant(s)

Versus

Secretary - Opp.Party(s)

K.M.Smijosh

12 May 2008

ORDER


CONSUMER DISPUTES REDRESSAL FORUM
Ayyanthole , Thrissur
consumer case(CC) No. CC/07/359

Anandhanarayanan.M.K.
...........Appellant(s)

Vs.

Secretary
...........Respondent(s)


BEFORE:
1. Padmini Sudheesh 2. Rajani P.S.

Complainant(s)/Appellant(s):
1. Anandhanarayanan.M.K.

OppositeParty/Respondent(s):
1. Secretary

OppositeParty/Respondent(s):
1. K.M.Smijosh

OppositeParty/Respondent(s):




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ORDER

By Smt. Padmini Sudheesh, President: PetitionersÂ’ case is as follows. 1. Petitioners are members of respondent Bank. Petitioners availed a loan of total Rs.10,00,000/- from the respondent. Rs.8,00,000/- availed as loan as per document No.l134/02 of Ayyanthole Sub Registry and Rs.2,00,000/- availed as loan as per document No.4392/96 of Ayyanthole Sub Registry. Later complainants paid Rs.3,00,000/- and released 40 and 150/1000 cents of land in Puzhakkal Village and release deed was executed on 6.5.02 which is registered as document No.1871/02 of Ayyanthole Sub Registry. At the time of executing the release deed, the respondent taken Rs.6000/- as fees for execution of release deed. Later the remaining Rs.7,00,000/- paid by the petitioners and release deed was executed on 2.4.2005 which is registered as document No.2422/05 of Ayynthole Sub Registry. At the time of executing release deed for Rs.7,00,000/- the respondent has collected Rs.20,000/- as fees for execution of release deed. The respondent has collected fees for Rs.10,00,000/- instead of collecting fee for Rs.7,00,000/-. The petitioners were entitled to get back the excess amount. The petitioners directly demanded the amount but not returned. Lawyer notice sent, no reply, no remedy. Hence this petition. 2. The notice from the Forum is accepted by the respondent but optioned to remain absent. On 14.6.07 the respondent called absent and set exparte. 3. To prove the case of the petitioners, they have filed affidavit and produced documents. The documents are marked as Exts. P1 tp P6. There is no counter evidence to the evidence of petitioner. 4. So the petition is allowed and the respondent is directed to return the amount of Rs.6000/-(Rupees six thousand only) with interest at the rate of 12% per annum from 6.5.02 till realization and also costs for Rs.500/- (Rupees five hundred) to the petitioner. Time for compliance one month. Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 12th day of May 2008.




......................Padmini Sudheesh
......................Rajani P.S.