O R D E R

Smt. N. ShajithaBeevi (Member I):           

                        The complaint is filed u/s.12 of the Consumer Protection Act 1986 by the complainant.

                    2. The case of the complainant is brief as follows:- Shri. Jacob Thomas has filed this complaint before this Commission through his Power of Attorney holder Jameskutty Thomas.  The main allegations are complaint is as follows:-

    3. He is a senior citizen having 86 years.  He is a customer of the opposite parties vide SB A/c No. 038005300001646.  On 22/03/2017 he has taken an agriculture loan on Rs. 3,00,000/- vide GL.No. 38056316108 on the security of gold ornaments before the maturity period of the said loan.  He has remitted the principal amount together with its interest on 17/03/2018.  As such opposite parties released the security ornaments to him.  After one month from the date of closure account on 24/05/2018 the opposite party intimated him to the complainant to remit Rs. 3,00,000/- together with interest of Rs. 20,597/- and notice charge of Rs. 30 within 10 days after receipt of this notice.  In order to collect the alleged amount from the complainant, the opposite parties are received Rs. 20,725/- from the account of the complainant by way of illegal means. On verification of the pass book of the complainant he has realized the same.  Immediately he contacted to the opposite parties and requested to release the recovered amount of Rs. 20,725/-.  Based on that request the opposite parties released only Rs. 8,725/- to the complainant.  Since there was refusal on the part of the opposite parties to settle the matter regarding the illegal recovery of money from him.Hence this complaint.

      4. Notices were sent to the opposite parties.  Opposite party appeared before this Commission and filed detailed version.  In the version they contended that the 1^st and 2^nd opposite party admitted that agriculture loan of Rs. 3,00,000/-. It is further contended that remittance made by the complainant is not sufficient to close the loan account of principal amount and interest.  At the time of visit of the complainant before the opposite parties they have only explain details of the account.  But the complainant has not realized up on the same.  On 20/10/2018 the complainant visited the branch for withdrawing some amount from SB account of the complainant.  The Manager clarified the details to the complainant. Hence the bank has collected Rs.20,725/- as the interest of the total loan.  But the complainant has approached the opposite parties again in connection with the rate of interest.  It is further contented that there is no deficiency in service on the side of the opposite parties. 

    5. Considering the contention of the opposite parties the Forum has raised the following issues for consideration.

1. Whether there is any negligence or deficiency in service on the part of the opposite parties?
2. Whether the complainant is entitled to get any compensation as prayed for?
3. Relief and Cost.

   6.Point No:- 1 to 3:- The Power of Attorney holder has filed proof affidavit along with documents in evidence that was marked as A1 to A4.  And cross examination was conducted power of attorney holder.  And the opposite parties has filed proof affidavit in support of their contention along with the documents in evidence.  Documents were marked as Ext. B1 to B3.  The opposite party has cross-examined by the complainant.

  7. Considering the facts and circumstances of this case it is to be noticed that the complainant has taken the Agriculture loan by pledging gold ornaments as security.  Before the maturity for said he has closed loan account after remittance of the principal amount together with interest.  On the basis of the opposite parties has released the gold ornaments to the complainant.  The contention of the complainant is that without his consent & knowledge opposite parties has released an amount of Rs. 20,725/- by way of illegal means.  The complainant has realized the illegal act of the opposite parties through verifications of his passbook.  The act of the opposite parties highly unauthorized and illegal.  The contention raised by the opposite parties cannot be justified.  All the averments stated by the opposite parties through their version has no merit at all and cannot be accept. On verification of the complaint & documents produced by both parties and deposition made by them it can be seen that allegations of the complainant are to be treated us genuine.  In these respect we are of the strong opinion that complaint is to be allowed as prayed for.  All the issues are found in favour of the complainant.

 8.In the result we hereby direct the opposite party to return the balance amount of Rs. 12,000/-Rupees Twelve Thousand only) which illegally collected from the complainant without his consent or knowledge.  We further direct the opposite parties to a sum of Rs. 10,000/- (Rupees Ten Thousand only) to the complainant as compensation for his mental agony inconvenience, physical strain due to the grossest negligence illegal action, misrepresentation of facts an unfair trade practice of the opposite parties.  We hereby further direct the opposite parties to pay a sum of Rs. 5,000/- (Rupees Five Thousand only) as cost of this proceedings together with sum of Rs. 2,000/- (Rupees Two Thousand only) as punitive cost to the complainant.  We further direct to the opposite parties to pay the above said amount to the complainant within one month from the date of receipt of this order.  If the opposite parties defaulted payment of the entire amount noted above 12% interest will have to be charged for the said amounts as ordered.

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 September, 2021.

                                                                                              (Sd/-)

                                                                                  Smt. N. ShajithaBeevi

                                                                                                (Member-I)  

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

Sri.NishadThankappan (Member-II):(Sd/-)

Appendix:

Witness examined on the side of the complainant:

PW1:Jameskutty Thomas.

Exhibits marked on the side of the complainant:

A1:copy of the Bank pass book

A2: Registered letter sent to the complainant by the South Indian Bank Ltd.,

Elanthur.

A3: legal notice dated: 11/12/2018.

A4: Power of Attorney.

Witness examined on the side of the opposite parties:

DW1: VimalBalan N

Exhibits marked on the side of the opposite parties:

B1:Extract of gold loan account of complainant dated: 22/03/2017 and

statement of gold loan account.

B2: Statement of account of complainant.

B3: Statement of account of Mr. Jameskutty Thomas.

Copy to:- (1) Jacob Thomas,

ValiyaveettilVeedu,Elanthoor P.O,

Pathanamthitta – 689645.

                         (2) The Branch Manager,

          South Indian Bank Ltd.,

          Elanthoor P.O,Pathanamthitta – 689645.

                         (3) The General Manager,

South Indian Bank Ltd.,

Head Office, Thrissur.

                        (4) The Stock File.