IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Tuesday the 31st day of May, 2016
Filed on 31.03.2015
Present
1. Smt. Elizabeth George (President)
2. Sri. Antony Xavier (Member)
3. Smt. Jasmine D (Member)
in
CC/No.106/2015
Between
Complainant:- Opposite party:-
Sri. Shibu. T. State Bank of Travancore
Puthupparambu Veedu Muhamma Branch
S.L. Puram P.O. Represented by its
Kanjikkuzhy Village Branch Manager
(By Adv. Azhakesan) Pin – 688 525
(By Adv. C. Parameswaran)
O R D E R
SMT. JASMINE D. (MEMBER)
The facts of the complaint in short are as follows:-
The complainant has taken a loan of Rs.50,000/- from the opposite party for running a shop. While so a fire accident occurred in the complainant’s shop and the shop was completely burnt, he sustained huge financial loss and was unable to repay the loan amount. Thereafter, as per the one time settlement with the opposite party, the complainant has to pay an amount of Rs.42,000/- to the opposite party for settling the loan a/c. The complainant remitted an amount of Rs.25,000/- on 28.12.2011 and Rs.17,000/- on 28.3.2012 ie. the entire OTS amount was remitted. Thus he discharged the full liability and the Branch Manager endorsed on the receipt that “account fully settled”. Even though the complainant paid the entire due amount as per OTS the opposite party again sent several notices to the complainant, informing him to attend the adalath for recovering the due amount. The act of the opposite party caused much mental agony and hardships to the complainant and his family, hence filed this complaint.
2. Notice was served to the opposite party. They appeared before the Forum and filed version. The version of the opposite party is as follows:-
The complainant availed a loan for Rs.50,000/- from the opposite party on 13.1.2005 for running his business which was repayable in 36 monthly installments starting from February 2005. Since complainant defaulted in repaying the loan amount, the loan was classified as NPA on 5.6.2011. The opposite party realized the pathetic condition of the complainant and invited a compromise settlement of the loan. The dues of Rs.66,569/- was settled at a reduced amount of Rs.42,000/- on 28.12.2011 and the complainant remitted the amount. It is true that a letter was sent inviting to participate in an adalath conducted on 19.2.2015 to the complainant from the Zonal office of the opposite party situated at Kollam. It was also mentioned in the letter, “Ignore the letter if the borrower had repaid the amount.” So there is no deficiency in service on the part of the opposite party and hence the complaint may be dismissed.
3. The complainant was examined as PW1 and documents produced were marked as Exts.A1 to A7. The opposite party was examined as RW1. No documents were produced on the side of the opposite party.
4. The points arose for considerations are as follows:-
1) Whether there is any deficiency in service on the part of the opposite party?
2) Whether the complainant is entitled to get any reliefs as prayed for?
5. Points 1 and 2:- The admitted facts of the case are (1) The complainant had taken a loan for Rs.50,000/- from the opposite party. (2) The loan account was settled on 28.3.2012 under One Time Settlement for an amount of Rs.42,000/-. According to the complainant, he discharged the full liability with the opposite party as per One Time Settlement on 28.3.2012, but thereafter they issued several notices to the complainant for recovering the amount of Rs.47,309/-. In order to substantiate this allegation the complainant has produced 7 documents which were marked as Exts.A1 to A7. It is clear from the documents Ext. A1 that the loan due amount was fixed as Rs.42,000/- under settlement scheme and Exts.A2 and A3 shows that the complainant has paid the entire due amount as per the OTS. On Ext.A2 it is endorsed that “account fully settled.” From these documents it is crystal clear that the loan account was settled on 28.3.2012. Exts.A4, A5 and A7 are the notices issued by the opposite party to the complainant informing him to attend the adalath for recovering money. Ext.A6 is the RR Notice issued by the Cherthala Tahsildar. Exts. A4, A5, A6 and A7 were sent to the complainant by the opposite party after the payment of entire loan amount. It is pertinent to note that even after remitting the entire OTS amount the opposite party has issued several notices to the complainant. The documents Exts.A4, A5 and A7 shows negligence of the opposite party in handling a serious matter like this. The act of the opposite party caused much mental agony and hardships to the complainant and his family. The letters purporting to be for recovery of the loan amount is illegal. The act of the opposite party in handling the matter shows their negligence and irresponsible attitude. For the forgoing discussions, we held that the opposite party has committed deficiency in service. The evidence available on record would show that the complainant suffered much mental agony and hardships on account of the deficiency in service on the part of the opposite party. Therefore the complainant is to be compensated. Hence the complaint is allowed.
In the result, the complaint is allowed. The opposite party is directed to pay an amount of Rs.10,000/- (Rupees ten thousand only) towards compensation and Rs.2,500/- (Rupees two thousand and five hundred only) towards costs of this proceedings to the complainant. The order shall be complied within one month from the date of receipt of this order failing which the award amount shall carry interest @ 9% per annum from the date of this order till realization to the complainant.
Pronounced in open Forum on this the 31st day of May, 2016.
Sd/- Smt. Jasmine.D. (Member) Sd/- Smt. Elizabeth George (President)
Sd/- Sri. Antony Xavier (Member)
Appendix:-
Evidence of the complainant:-
PW1 - Shibu (Witness)
Ext.A1 - Letter dated 28.3.2012
Ext.A2 - Receipt for Rs.17,000/-
Ext.A3 - Receipt for Rs.25,000/-
Exts.A4 & A5- Notices of One Time Settlement
Ext.A6 - Revenue recovery notice of Tahsildar
Ext.A7 - Notice of Bank Adalath
Evidence of the opposite party:-
RW1 - Subhash. P. (Witness)
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite party/S.F.
Typed by:- pr/-
Compared by:-
