DATE OF FILING : 03.12.2010
BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI
Dated this the 28th day of April, 2011
Present:
SRI.LAIJU RAMAKRISHNAN PRESIDENT
SMT.SHEELA JACOB MEMBER
SMT.BINDU SOMAN MEMBER
C.C No.255/2010
Between
Complainant : K.V.Varghese,
Kakkuzhiparambil House,
Rajakumary South P.O,
Rajakumary – 685 619,
Idukki District.
(By Adv: Jose Thomas)
And
Opposite Parties : 1. The Accounts Officer,
Kerala State Housing Board,
Idukki Division,
Kattappana P.O, Idukki District.
2. The Secretary,
Kerala State Housing Board,
Thiruvananthapuram.
(Both by Advs: Jiby Sebastian & V.C.Sebastian)
O R D E R
SRI.LAIJU RAMAKRISHNAN(PRESIDENT)
The complainant availed a loan from the opposite party for constructing a house as loan No.I.3568. The said loan became due and the complainant paid Rs.9,000/- to the opposite party on 17.03.2009. When the complainant paid the said amount the opposite party initialled the amount as monthly instalments of 30 x 300 and receipt was given for the same. So the complainant was lapsed the reduction of interest rate of the loan amount. Several times the complainant requested for getting the statement of account of his loan transaction and the complainant himself directly approached the opposite party for getting the same, but it is not yet received. On 29.03.2010 the complainant paid an amount of Rs.4,000/- and requested the opposite party to inform about the balance due amount. But the opposite party never informed anything for 3 years and a notice was issued on 18.1.2010 for an amount of Rs.31,990/- and RR steps were initiated against the complainant by issuing a registered letter which was received on 22.11.2010. The complainant is not entitled to pay the said amount and it is because of the deficiency in service of the officials of the opposite parties. So this petition is filed for getting compensation for his hardships.
2. As per the written version filed by the opposite parties, it is stated that the complainant Sri.K.V.Varghese has applied for a loan of Rs.28,400/- and sanctioned Rs.20,400/- after pledging the land in Sy.No.104/1 of Rajakumary Village vide Mortgage Deed No.229/93 of SRO, Rajakumary. As per the agreement, he has to start repayment of the loan in 168 instalments of Rs.300/- per month from 10.07.1993 onwards. From the very beginning he has defaulted the repayment of loan instalments. The complainant has remitted Rs.9,000/- vide receipt No.90995 dated 17.03.1999 and Rs.4,000/- on 29.03.2000. Since he defaulted so many instalments and thus the amount of Rs.9,000/-was adjusted as follows : Rs.3352.11 towards principal, Rs.4275.50 towards interest, Rs.190.58 towards penal interest and Rs.1181.61 towards default interest. The opposite party has intimated the complainant about the benefits of One Time Settlement on 24.05.2005, 20.03.2010, 2.06.2010 and on 18.11.2010. Also requested him to close the loan account in six instalments on 18.02.2010. But he had not responded and filed this complaint with false allegations, before this Forum. The petition is filed only for delaying the payment due to the opposite party. The opposite party is legally bound to recover the loan dues from the complainant. The details of complainant's loan account is as follows :
Balance Principal : Rs. 9,164/-
Interest : Rs. 2,341/-
Penal Interest : Rs. 2,731/-
Default Interest : Rs.16,931/-
NPC : Rs. 500/-
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Total : Rs. 31,667/-
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Hence the petition may be dismissed.
3. The point for consideration is whether there was any deficiency in service on the part of the opposite parties, and if so, for what relief the complainant is entitled to ?
4. The evidence consists of the oral testimony of PW1 and Exts.P1 to P4 marked on the side of the complainant. No oral evidence adduced by the opposite parties and Exts.R1 to R3 marked on their side.
5. The POINT :- The complainant produced evidence as PW1. PW1 deposed that several times he requested for getting the statement of account of his loan transaction. Ext.P1 is the letter dated 8.06.2004 written by the complainant to the opposite party for getting the statement of account of the complainant's loan. A registered notice was also issued by the complainant to the opposite party for getting the same. Ext.P2(series) are the copy of the same. The complainant paid an amount of Rs.3,940/- on 4.11.1998, an amount of Rs.3,300/- on 31.12.1997, an amount of Rs.9,000/- on 17.03.1999 and Rs.4,000/- on 29.03.2000. Ext.P3(series) are the receipts for the same. Eventhough the complainant paid almost the entire amount to the opposite party, the opposite party issued registered notice to the complainant to pay Rs.31,990/- and also intimated that RR proceedings will be initiated against him. Ext.P4 is the copy of the same.
As per the opposite party, the complainant availed a loan of Rs.20,400/- on 17th February, 1993 by creating a mortgage deed. Ext.R1 is the copy of the mortgage deed created between the complainant and the opposite party. As per the Ext.R1 mortgage deed, 'the loan shall bear interest at the rate of 15.5% per annum and such other higher rate of interest as may be fixed by the mortgagee from time to time'. As per clause 12 of the Mortgage Deed, 'if any instalment of principal or interest is not remitted on the due dates a penal interest at the rate of 18% in addition to the usual rates shall be paid'. The opposite party several times informed the complainant about the OTS facility for the settlement of the loan. Ext.R2(series) are the notices issued by the opposite party to the complainant for the same. Ext.R3 is a notice issued to the complainant on 18.02.2010 for settling the loan of the complainant as per OTS Scheme, as per the order of Government dated 29.12.2009 as order No.5911/B1/2009/Housing.
The complainant availed a loan of Rs.20,400/- from the opposite party. But the complainant already paid an amount of Rs.20,240/- in various instalments as per Ext.P3(series). As per the complainant, the opposite party charged hike interest from the complainant and he is not entitled to pay any more amount to the opposite party. The opposite party never issued statement of account to the complainant even repeated requests. As per Ext.R1 mortgage deed executed between the complainant and the opposite party, they are entitled to charge 15.5% interest and 18% penal interest from the complainant. But we think that the complainant has paid a bulk amount to the opposite party, already 15.5% interest is calculated by the opposite party and they are charging interest for the defaulted instalments. Now the penal interest is also charged by the opposite party. Either the opposite party can charge interest or penal interest. The opposite party never produced any Government Order or any evidence to show that the Government has declared a fixed rate of interest which the opposite party can charge including penal interest and default interest. No circular from the Reserve Bank of India or any other order has been produced by the opposite party to substantiate the same. As per the circular of the opposite party there are so many benefits provided to the customers of the opposite party and the opposite parties are entitled to consider the complainant's loan as per the circular of the Government. The benefits included in the circular should be given to the complainant also. The opposite party never supplied the statement of account to the complainant. It is a gross deficiency from the part of the opposite party. Eventhough the opposite party produced the statement of account of complainant's loan before the Forum, the complainant is not satisfied with the same stating that the calculation made in the statement of accounts are not correct. Here the complainant has paid almost the entire principal amount to the opposite party. So the opposite party can charge 12% interest per annum for the defaulted instalments. It is not proper to charge both penal interest and default interest. The opposite party already charged 15.5% interest for the entire loan.
Hence the petition partially allowed. The opposite parties are directed to settle the loan account of the complainant by calculating the interest at 12% for the defaulted instalments for the defaulted period.
Pronounced in the Open Forum on this the 28th day of April, 2011
Sd/-
SRI. LAIJU RAMAKRISHNAN(PRESIDENT)
Sd/-
SMT. SHEELA JACOB(MEMBER)
Sd/-
SMT. BINDU SOMAN(MEMBER)
APPENDIX
Depositions :
On the side of Complainant :
PW1 - K.V.Varghese
On the side of Opposite Parties :
Nil
Exhibits:
On the side of Complainant:
Ext.P1 - Photocopy of complainant's letter dated 8.06.2004 addressed to the Ist opposite party
Ext.P2(series) - Photocopy of registered letter dated 17.03.1999 issued by the complainant to the Ist opposite party with postal receipt
Ext.P3(series) - Receipts(4 Nos) issued by the opposite party for payment of Rs.3,940/- on 4.11.1998, Rs.3,300/- on 31.12.1997, Rs.9,000/- on 17.03.1999 and Rs.4,000/- on 29.03.2000
Ext.P4 - Photocopy of Ist opposite party's letter dated 18.11.2010 addressed to the complainant
On the side of Opposite Parties :
Ext.R1 - Photocopy of Mortgage Deed dated 17.02.1993 between the complainant and the opposite parties
Ext.R2(a) } Photocopy of opposite party's notices dated 4.05.2005, 20.03.2010,
Ext.R2(b) } - 2.06.2010 and 18.11.2010 addressed to the complainant informing
Ext.R2(c) } about the OTS facility for the settlement of the loan
Ext.R2(d) }
Ext.R3 - Photocopy of letter dated 18.02.2010 issued by the opposite party to the complainant for settling the loan of the complainant as per OTS scheme
