CONSUMER DISPUTES REDRESSAL FORUM
PALAKKAD, KERALA
Dated this the 10th day of January, 2013.
Present: Smt. Seena. H, President
: Smt. Preetha. G. Nair, Member
: Smt. Bhanumathi. A.K, Member Date of filing: 04/10/2012
CC /184/2012
1. Radhakrishnan,
S/o. K.P. Mannadiar, Rtd. Points man, - Complainants
Station Manager's office, Palakkad.
2. K. Kumari,
W/o. Chandramohan, Attender,
O/O Chief Medical Supdt,
Railway hospital, H. Nagar,
Palakkkad
Vs
1. The Branch Manager,
Vijaya Bank, Olavakode Branch,
Palakkad – 678 002
2. The Regional Manager,
Regional office, Vijaya Bank - Opposite parties
Jose Annex, Jose Junction,
M.G. Road, Kochi – 682 016
O R D E R
BY SMT. SEENA.H, PRESIDENT
Complaint in brief:-
Complainant No.1 availed loan from the opposite party Bank for which complainant No. 2 was the guarantor. On default legal proceedings were initiated against the complainant before the Subordinate Court, Palakkad. Complaint was decreed. In the Execution proceedings salary was ordered to be attached. The grievence of the complainants is that in addition to the decreed amount opposite party realized excess amount from the complainants. After the satisfaction of the decree amount also, for more than one year complainants' salary was attached. Later after the filing of the complaint, opposite party returned the excess amount collected. No interest on the said amount was paid. The act of opposite parties amount to deficiency in service on their part. Hence the complaint.
Opposite party entered appearance and filed version contending the following.
The foremost contention of the opposite party is that complaint itself is not maintainable before the forum. Statutory remedy is available to redress the grievence before the court which passed the order. Moreover it is for the complainant to take steps for lifting the attachment. The Hon'ble Court has ordered notice in the cheque applications and having satisfied has allowed cheque applications.
Preliminary issue regarding maintainability was raised. Heard both parties.
Complaint filed claiming interest on the excess amount collected by the opposite party and also compensation. Documents produced by the complainant after admission of complaint shows that all cheque applications were ordered after issuing notice to decree holder. It is as per a Judicial order opposite parties has realized the amount. Hence if at all there is any grievence to the complaint remedial measures is before the Court which passed the order. The same cannot be challenged before the Consumer forum. We find the preliminary issue in favour of the opposite party. Complaint found not maintainable before the forum.
Hence without going in to merits of the case, we dismiss the complaint.
Pronounced in the open court on this the 10th day of January, 2013.
Sd/-
Smt. Seena. H
President
Sd/-
Smt. Preetha.G.Nair
Member
Sd/-
Smt. Bhanumathi.A.K
Member
