Date of filing : 23-04-2011
Date of order : 30-11-2011
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.88/2011
Dated this, the 30th day of November 2011
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT.K.G.BEENA : MEMBER
Abdul Rahiman.K.C } Complainant
S/o.K.Abdulla Haji,
R/at M.P.No.13/30,
SH House, Mailapura, Chowki,
Po. Mogral Puthur, Kasaragod. 6711214
(Adv.Shrikanta Shetty.K. Kasaragod)
1. The Senior Manager, Canara bank, } Opposite parties
Credit Monitoring Cell,
Risk Management Section,
Circle Office, Calicut.
2. The Manager, Canara Bank,
Jalsoor Road, Kasaragod.
(Ops 1 & 2 Adv. Sadananda Kamath.K.)
3. Vijayakumar,
Power Pack Electronics,
Arafa Shopping Complex, GG Road,
Mulleria, Kasaragod
(Adv.K.M.Ballakuraya, Kasaragod)
O R D E R
SRI.K.T.SIDHIQ, PRESIDENT
Bereft of unnecessaries the case of the complainant is that he approached opposite party No.2 for the purpose of installing a water heater in his house. Opposite party No.2 asked the complainant to open an account and deposit the marginal amount of `5000/-. It was also informed that he will get 30% subsidy. The price of the Solar Water System is directly paid by the opposite parties 2 to opposite party No.3. The opposite party No.3 came to the house of the complainant and after observing the terrace and pipes told that it is not possible to install the Water heater and therefore take back the solar water heater system back. Opposite party No.3 also informed that he will inform the Bank and return the amount received by him. The complainant also informed this non-installation to the then Manager of opposite party No.2 and thereafter he did not remit any amount to the loan account. But on 13-10-2010 he received a letter from opposite party No.1 calling upon him to pay `19,038/- as total amount due. According to complainant he has neither received the solar water heater nor it is installed in his premises. Hence he is not liable to pay the amount due to opposite party No.1. Therefore the complainant seeking an order directing opposite party No.3 to clear the loan dues and also for compensation and costs.
2. Opposite parties 1 & 2 filed version jointly. According to opposite parties 1 & 2 complaint is barred by limitation. On merits they contend that the complainant has availed a loan of `44,000/- on 13-02-2006 for the purpose of installing solar water heater by executing loan agreement and guarantee agreement agreeing to repay the same in 57 monthly instalments at the rate of `990/- with effect from July 2006. The complainant directly remitted `5000/- on 21-04-2007 and `27,000/- through opposite party No.3. The interest subsidy received from the government i.e. `6841/- also credited to the said loan account on 25-06-2008. The complainant executed an acknowledgement of debt on 05-03-2009 and thereby acknowledged the liability due to the Bank. Now a sum of `21,051/- with interest from 14-04-2011 is due from complainant and the guarantor to the loan. Hence the complainant has no cause of action to file this complaint and the complaint is liable to be dismissed.
3. According to opposite party No.3 he installed solar water heater system in complainant’s house as per his request and he was satisfied with the installing and performance of the system and he has not raised any complaint so far. The allegations that opposite parties took back the water heater without installing in his house etc are false. It is also incorrect to say that the complainant did not receive solar water heater or the benefit of the loan and the complaint is filed only to get away from the liability. The complaint is time barred and it is liable to be dismissed.
4. Complainant filed proof affidavit as PW1 reiterating that is stated in his complaint. Exts A1 to A7 marked on his side. On the side of opposite parties 1 to 3 Exts. B1 to B4 marked. Opposite party No.3 filed an affidavit as DW1. Both sides heard. Documents perused.
5. As against the affidavit filed in lieu of examination-in-chief filed by PW1 he faced cross-examination. During cross-examination he deposed that Ext.A2 is his statement of account maintained in opposite party No.2 bank and the entry dated 13-03-2006 of `44010/-is the amount sanctioned by the bank as loan. He further stated that opposite party No.3 bring the solar water heater to his house and kept it intact for 8-10 days and opposite party No.3 did not disclose the reason for non-installation. He further deposed that he did not give any written statement before opposite party No.2 that the system is not installed.
6. During cross-examination by learned counsel for opposite parties 1 & 2 PW1 admitted the execution of acknowledgement of debt on 5-3-2009.
7. Opposite party No.3 in his affidavit-in-lieu of examination-in-chief stated that he has installed the water heater system in the complainant’s house in 2006 and the complainant received the subsidy from the Central Government. He further stated that the subsidy will be sanctioned only on the report by the Manager of the Bank regarding installation.
8. Ext.A1 is a letter issued to the complainant by opposite party No.1 asking to pay the dues `19038/- to the Bank. Ext.A2 is the copy of the lawyer notice issued by the learned counsel for complainant to opposite parties 1 to 3. Ext.A6 is the reply to Ext.A2. Ext.A7 is the statement of account of complainant maintained with opposite party No.2 bank.
9. Ext.B1 is the order form issued by opposite party No.3 to complainant dated 03-03-2006. Ext.B2 is the acknowledgement of debt & security executed by complainant to opposite party No.2 on 5-3-2009. Ext.B3 is the cash/credit memo dated Nil issued by opposite party No.3 to complainant towards the supply of solar water heating system. Ext.B4 is also a cash/credit memo dated nil issued by opposite party No.3 to complainant towards the transportation and installation and plumbing works.
10. The definite case of complainant is that the opposite party No.3 has not installed the solar water heating system in his house. According to opposite party No.3 it is installed. According to him the loan amount due to the Bank is repaid by opposite party No.3 himself since it is not installed. The version of opposite parties 1 & 2 also shows that `27,000/- is remitted by opposite party No.3 towards the loan dues. According to complainant the repayment was made by opposite party No.3 because the solar water heating system was not installed in his house. According to him opposite party No.3 brought the solar water heater to his house during March 2006 and taken it back after 8-10 days without even opening it’s container. According to him the non-installation of the unit was informed to opposite party No.1 also. Had it been so then the crucial questions that remained non-explained is why did the complainant repaid `5000/- on 21-04-2007 that is almost 11 months after the non-installation of the solar water heating system? Why opposite party No.1 has credited the subsidy amount of the solar water heater system in complainants account and why he executed Ext.B2 the acknowledgement of debt & security to opposite party No.1 acknowledging the loan dues towards the amount advanced by opposite party No.1. These unanswered questions cuts the very root of the case that opposite party No.3 has not supplied the solar water system to him. The repayment of the portion of the loan amount by opposite party No.3 (If the version of opposite parties 1 & 2 is accepted for the moment) though create some suspicion about the genuineness of transaction between the complainant and opposite party No.3. It is not a conclusive proof to accept the complainant’s case as a whole.
11. The facts and circumstances of the case makes the case of the complainant as an unbelievable one.
Therefore the complaint fails and hence it is dismissed with no order as to costs.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exts
A1. 13-12-2010 copy of letter sent by Senior Manager, Canara Bank Calicut to
Complainant
A2.14-03-2011 copy of lawyer notice.
A3 to A5 acknowledgment cards.
A6.19-3-2011 reply notice.
A7. Photocopy of Statement of A/c for General Advances for the period 1-1-2000 to 11-4-
2011
B1. Copy of Order form.
B2. Photocopy of acknowledgement of debt and security
B3& B4 Invoice Nos 147,148
PW1.K.C.Abdul Rahiman
DW1. Vijayakumar
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUPERINTENDENT
