O R D E R
Per Smt T. Suneetha, Member:-
The complainant filed this complaint u/s 12 of Consumer Protection Act seeking directions on the opposite party to show original record of borrowing, payment particulars besides compensation of Rs.50,000/-and costs.
2. In brief the averments of the complaint are hereunder:
The complainant and his late father jointly borrowed a sum of Rs.1,00,000/- on 05.10.2004 under agricultural Loan Account No.0167006160800 from the 1st opposite party by depositing a Ryotwari Title Deed of father of the complainant bearing patta No.1064 relating to Ac.2.19cts., located in four items at Takkelpadu and also by depositing Ryotwari Title Deed of father of the complainant relating to an extent of Ac.4.90cts., Ac.4.90cts., under patta No.908 of Pedakakani.
3. Subsequently, the complainant paid a sum of Rs.10,000/- on 26.09.08. Thereafter on account of loss of crops and other difficulties the complainant could not pay any amount. However on search of old record, the complainant recently found counter foil dated 08.03.06 of S.B.I., Uppalapadu for remittance of Rs.36,000/- in the name of his father and himself towards the same loan account A/c. 0167006160800. It is learnt subsequently the said small loans were wiped out by the Government.
4. The 1st opposite party issued Lawyer notice that the complainant and his father Mr.Nandipati Appa Rao availed loan of Rs.2,66,132/- on 23.03.07 under Account No.11489598579 towards agricultural finance with an interest @ 13.5% having executed necessary documents and the said amount swelled to Rs.4,60,100/- by 20.02.2011 and calling upon him to pay the said amount within a week there from.
5. The 1st opposite party again issued another notice dated 19.03.11 for clearance of loan amount of Rs.3,20,074.70ps as on 30.11.2010 under Account No.11489598579, calling upon the complainant and his father to pay the said amount within seven days from the said notice.
6. The complainant states that his father died on 08.03.2005 and accordingly the question of his raising loan along with the complainant as claimed in your first notice on 22.03.2007 would not arise at all and therefore the complainant approached the 1st opposite party to clarify the same and the bank did not respond.
7. On the other hand the photo of father of the complainant is exhibited in the bank premises as a defaulter and when asked by the complainant, he was also threatened by the personnel of the 1st opposite party that his photo also would be exhibited. In those circumstances, the complainant got issued legal notice on 13.10.2011 to the 1st opposite party calling upon to clarify the above situation.
8. The 1st opposite party issued another legal notice dated 20-12-2011 stating that his father Nandipati Appa Rao as debtor, the complainant as surety for the loan amount of Rs.3,00,000/- without mentioning the date of borrowing in spite of the specific column in the said format of notice and a sum of Rs.5,10,084/- an interest again without mentioning the date of the existing liability in spite of the specific column in the said format of notice and called upon the complainant to pay the said dues by 31.12.2011 failing which the photos of the complainant and his father as defaulters will be published in the News papers.
9. The attitude and conduct of the 1st opposite party is high handed and illegal without furnishing the details of account or the copy of the account to the complainant.
10. Hence the opposite parties committed deficiency and unfair trade practice. Therefore they are liable to compensate the complainant. Hence the complaint.
11. The following is the version of 1st opposite party in brief :
The complainant and his father jointly borrowed an amount of Rs.3,00,000/- on 05-10-04 from this opposite party towards raising crop by executing necessary documents. On the same day the father of the complainant i.e., Nandipati Appa Rao created an equitable mortgage by depositing regd. Relinquishment deed dated 30-03-95 vide Doc.No. 3994/95 and Registration extract of partition deed dated 29-07-52 vide Doc.No.2516/52 of SRO Guntur in an extent of Ac.5.14 cents of Pedakakani village infavour of the 1st opposite party.
12. Opposite party further humbly submits that neither the complainant nor his father paid any amount till 27-03-06 towards the above said loan. At last on repeated demands by this opposite party, the complainant paid an amount of Rs.36,000/- towards part payment on 28-03-06. Even by that date the complainant did not inform about the death of his father to this opposite party and subsequently failed to pay any amount. While things stood thus the Govt. of India announced a separate relief package (vidarbha package) for Maharashtra State for debt stressed formers and the same was implemented in 16 districts of Andhra Pradesh state which includes Guntur District also. As per this relief package, the loans of the borrowers were re-scheduled and the entire interest on overdue loans as on 01-07-06 will be waived off. As such the complainant is also benefited with the above said relief an amount of Rs.56,111-21 ps being the interest on the loan amount of Rs.3,00,000/- was directly adjusted towards principle amount. Accordingly, as per the guidelines of RBI the loan of the complainant was re-scheduled and a new account was opened in the name of the complainant and his father on 22-03-07 in the records of the bank and the balance principle amount due as on that date i.e., Rs.2,66,13-62ps. was taken as a fresh loan.
13. It is further humbly submitted that the loan account of the complainant and his father which was opened in the year 2004 was re-scheduled in March 2007 and since then the re-scheduled amount was taken as a fresh loan. As the farmer will be benefited by applying the relief scheme and re-phasing the loan account, consent of the borrower is not required for re-scheduling the loan as per the guidelines of the RBI and a general notification to that effect is sufficient. As per the relief scheme the borrower need not pay any amount towards discharge of the loan for a period of one year from the date of re-scheduling the loan as there was a moratorium for that period i.e., one year. Therefore, the opposite party did not take any steps for recovery of the amount till 2008.
14. On repeated demands made by this opposite party the complainant paid 10,000/- on 26-09-08. Even at that time also the complainant never disclosed about the death of his father to this opposite party and again failed to pay any amount till today in-spite of repeated demands made by this opposite party. As the complainant failed to pay the loan amount or any part thereof for a period of about 2 years the loan account of the complainant became N.P.A. and by the date of treating the loan account of the complainant as NPA an amount of Rs.3,20,074/- was outstanding in the account.
15. On 04-07-2010 the 2nd opposite party got published the names of several defaulted borrowers pertaining to several branches demanding the due payment of their loan amounts, with symbolic photo. The opposite party did not publish the photo graph of the defaulter, but only intimated the borrowers that if they fail to pay the due their photograph will be published.
16. This opposite party further humbly submits that during the course of maintaining records the account numbers of the borrowers were changed form time to time.
17. This opposite party never committed any deficiency in service to the complainant at any point of time so, special damages sought by the complainant in para (b) of relief portion need not be granted.
18 Now the points that arose for consideration in this complaint are:
1. Whether the opposite parties committed deficiency of service?
2. To what relief the complainant is entitled to?
19. POINT NO. 1 : The complainant’s allegation is that the opposite parties demanded for payment of loan amount by sending notices mentioning different amounts each time and also threatening the complainant that they would publish the photos of complainant and his late father in a news paper and notice board of the bank which is unreasonable and inspite of requests made by the complainant the opposite parties did not choose to issue copy of loan account and original record of borrowing bearing the signatures of the complainant and complainant’s late father.
20. The Opposite parties 1 & 2 sent the following notices to the complainant.
Ex.A-1 dated 26-02-11 with account No. 11489598579.
On 22-03-07 both of you availed an amount of Rs.2,66,132/- towards agricultural finance at an interest @13.50% per annum and withdrawn the amount by hypothecating you properties and both of you executed all necessary documents in favour of the Bank towards the security of the above said amount infavour of our client. Both of you are a chronic defaulter in payment of installments from the date of borrowing. Towards the above said loan account both of you feel due to a tune of Rs.4,60,100/- by 20-02-11. You are irregular in payment of installments due to that you lost the opportunity of paying the loan amount in installments and held liable to pay the total amount to our client in lump-sum.
Ex.A-2 dated 19-03-11 with Account NO. 11489598579
Ex.A-8 dated 20-12-11 account No. 11489598579
21. The opposite parties no where in the above notices gave complete information about the loan. The reasons envisaged by the opposite parties that it is the result of rephasing and rescheduling are not proper. The opposite party bank did not choose to take any step to intimate the same to the complainant. The opposite parties committed deficiency of service by sending notices with incomplete information. The complainant would get confused and subjected to mental agony.
23. In these circumstances, awarding compensation of Rs.2,000/- on opposite parties 1 & 2. and Rs.1000/- towards costs of the complaint would meet the ends of justice.
24. Another relief sought by the complainant is regarding the loan account, original record of borrowing bearing the signatures of the complainant and his late father. The complainant was issued the same during the proceedings of the case in the Forum.
25. The complainant allegation is that the 1st opposite party is wrongly stated that the loan availed by the complainant and his father was Rs.3,00,000/- where as actual amount taken was only Rs.1,00,000/-.
26. This particular issue cannot be dealt by the Forum since the relation between the complainant the Opposite parties is of debtor and creditor relationship and the transaction between them would not be consumer dispute.
27. POINT NO. 2: In the result, the complaint is allowed in part in terms as indicated below :
1). The opposite parties are directed not to publish the photos of
the complainant and his father without giving particulars of
loan and the amount due by them and giving reasonable
opportunity to pay the amount due.
2) The opposite parties 1&2 are directed to pay compensation of
Rs.2000/- towards mental agony to the complainant.
3). The opposite parties 1&2 are directed to pay Rs.1000/-
towards costs of the complaint.
The above order shall be complied with a two weeks from the date of receipt of the order.
Typed to my dictation by Junior Stenographer, corrected by us and pronounced in the open Forum dated this the, 25th day of May, 2012.
MEMBER MEMBER PRESIDENT
APPENDIX OF EVIDENCE
DOCUMENTS MARKED
For Complainant:
Ex.Nos. |
DATE |
DESCRIPTION OF DOCUMENTS |
A1 |
26-02-11 |
Legal notice got issued by the 1st opposite party to the father of the complainant & complainant . |
A2 |
19-03-11 |
Legal notice got issued by the 1st opposite party to the father of the complainant and complainant. |
A3 |
13-10-11 |
Office copy of the legal notice got issued by the complainant to the 1st opposite party. |
A4 |
14-10-11 |
Postal acknowledgement |
A5 |
17-10-11 |
Returned Regd. Notice. |
A6 |
08-03-06 |
Copy of Counter foil of S.B.I. Uppalapadu. |
A7 |
08-03-06 |
Copy of Death Certificate |
A8 |
20-12-11 |
Copy of Legal notice sent by the 1st opposite party to the father of the complainant and the complainant. |
A9 |
|
Copy of Pattadar Pass Book. |
For opposite party:
Ex.Nos. |
DATE |
DESCRIPTION OF DOCUMENTS |
B1 |
05-10-04 |
Copy of application and recommendation form for agricultural crop loan. |
B2 |
05-10-04 |
Copy of Intimation of sanction of loan. |
B3 |
05-10-04 |
Copy of Hypothecation agreement. |
B4 |
30-03-95 |
Copy of Regd. Relinquishment deed . |
B5 |
29-07-52 |
Copy of Registration extract of partition list. |
B6 |
06-10-04 |
Copy of Form –B |
B7 |
13-03-07 |
Copy letter and circular issued by 2nd opposite party. |
B8 |
04-07-10 |
Copy of demand notice. |
B9 |
26-02-11 |
Copy of Regd.Legal notice got issued by the 1st opposite party to the complainant and his father. |
B10 |
|
Copy of statement for the period of 22-03-07to28-07-07 |
B11 |
|
Copy of Statement of account |
PRESIDENT
