13.8.08 Sri.K.Gopalan,President This is a complaint filed under section12 of the consumer protection Act for getting an order directing the opposite party to return the amount of Rs.4426/- with 12% interest and to pay Rs.10,000/- as compensation with cost of the proceedings. The case of the complainant in b brief is as follows: The complainant availed a loan of Rs.5000/- from the opposite party. Thereafter opposite party initiated proceedings before Asst. Registrar of Co.op.societies and obtained a decree in ARC.4811/94-95. Thereafter execution petition filed before Munsiffs court, Kutuhuparamba. The opposite party has claimed Rs.7680/- with interest at the rate of 22% per annum from 1.4.1995 till realisation. Complainant paid the full amount. The counsel for the opposite partys Bank has endorsed and EP.619/1996 closed recording full satisfaction. The complainant availed another loan in the year 2002 for an amount of Rs, 15,000/- from the opposite party bank. While disbursing the said loan amount, the opposite party had deducted a sum of Rs.4424/- informing that the said sum was the balance amount in the earlier loan for which they filed the E.P.619/1996. Complainant sent lawyer notice calling upon to refund the amount. Opposite party did not reply the notice. Hence this complaint. Notice served to opposite party Bank and present before the Forum, but not filed version. Opposite party subsequently became absent and set exparte The main question to be decided is whether there is any deficiency on the part of the opposite party and the complainant is entitled for compensation as prayed in the complaint? The evidence consists of affidavit in lieu of chief and Exts.A1 to A5. The complainants case is that he has availed a loan from the opposite party. Bank subsequently initiated legal action against complainant and obtained a decree from the Registrar of co. operative society. Opposite party realized the full amount by filing E.P.619/1996 before Munsiffs court, Kuthuparamba. The E.PClosed on 28.6.2000 recording full satisfaction. The counsel for the opposite party has endorsed on the record to that effect. Ext.A1 certified copy of the proceedings in E.P.619/1996 clearly proves that the entire amount has been paid by the complainant in E.P. The 7th page of the proceedings it is recorded thus counsel endorsed that decree satisfied. Hence F.S recorded and E.P. closed. Ext.A1 undoubtedly makes it clear that the complainant has paid the whole amount due to the bank. Then the reason for deduction of Rs.4424/- from the loan taken thereafter which the opposite party told to complainant that it was the balance earlier loan has totally been amounts to unfair trade practice. Ext.A2 is the receipt of payment of Rs.4424/-. Ext.A3 is the copy of the lawyer notice. Exts.A4 and A5 proves that the complainant has sent the notice. No reply sent by the opposite party to this notice. So also opposite party did not come forward to defend the case before the Forum. Opposite party became absent right from the day posted the case for version. Opposite party did not take care even to file version is a sign that the opposite party has no justifiable reason for the reduction of an amount of Rs.4424/- from the new loan amount. In the usual course a bank would not grant loan for an applicant who has dues with the bank. The deduction of the amount Rs.4424/- from the loan amount of complainant ignoring the full satisfaction recorded in E.P.619/1996 is unjustifiable, a clear unfair trade practice and thereby deficiency in service on the part of opposite party bank. Hence we are of the opinion that the opposite party is liable to return Rs.4424/- with12% interest from 11.12.2002 till realisation. The complainant also entitled for compensation for an amount of Rs.3000/- with cost of Rs.500/- In the result, the complaint is allowed directing the opposite party to return the amount of Rs.4424/- (Rupees Four thousand four hundred and twenty four only) with 12% interest from 11.12.2002 till date of realization and an amount of Rs.3000/-(Rupees three thousand only) as compensation together with Rs.500/- (Rupees Five hundred only) as cost of this proceedings to the complainant within one month from the date of receipt of this order, failing which the complainant is allowed to execute the order against the opposite party under the provisions of the consumer protection Act. Sd/- Sd/- Sd/- President Member Member APPENDIX Exhibits for the complainant A1.certified copy of the proceedings in EP.619/96 with docket sheet dt.5.10.05. A2. Receipt No.21970 dt.11.12.02. A3.copy of the lawyer notice dt.20.6.06 sent to OP A4 and A5. Postal receipt and acknowledgement Exhibits for the opposite party : Nil Witness examined for either side :Nil /forwarded by order/ Senior Superintendent Consumer Disputes Redressal Forum,Kannur
