This complaint  having come up for final hearing before us on 07.01.2015  on perusal of the material records  and on hearing the  arguments of  Thiru. S.Venkatesan, the counsel  for the complainant and the opposite party remaining exparte  and having stood  before us for consideration, till this day the Forum  passed the following

By President, Thiru..P.G.Rajagopal, B.A.B.L., 

                       This complaint is filed by the complainant u/s 12 of the Consumer Protection

Act 1986.                    

2) The gist of thecomplaint filedby the complainantis that he is a retired Police Personnel having his Savings Bank Account No.10857729035 with the opposite party for the purpose of getting his pension amount and his son Arulmozhiselvan who was studyingMCAduringthe period26.07.2007 to 30.06.2010 at the Sastra University, Thanjavur obtainededucational loan from the opposite party.He received Rs.30,000/- on 20.12.2007 towards 1^st instalment, Rs.31,000/- on28.06.2008, Rs.30,000/- on 5.12.2008, Rs.31,000/-on 24.06.2009 and Rs.28,000/- on 09.12.2009 totaling Rs.1,50,000/- in five instalments. He had remitted Rs.10,000/- on 5.12.2008, Rs.10,000/- towards interest and another Rs.6000/- on 9.12.2009 beforegetting the fifth instalment.The said Arulmozhiselvan has not yet got any employment andfor want of income is unable repay theeducational loan and he is prepared todischarge the loanas soon ashe has got employment. While so the opposite party without giving any notice to the complainant haswith held Rs.13,100/- on 20.08.2013, Rs.6525/- on 30.08.2013 and Rs.6525/-on 01.10.2013 by debitingthe said amount from the savings bank account of the complainant and whenthe complainantaskedthe opposite party in that regard the latter has given an adamant and insultinganswer to the complainant not even havingregard to his age that he would recoverthe loan amount fromhis savings bank account and he need not recover the loan amount from his son Arulmozhiselvan.The conduct of the opposite party in debitingthe amountfrom the complainant’ssavings bank account for theeducational loan of hisson is sheer deficiency of service.Therefore the complainant prays for an order to direct the opposite party to refund thedebited amount of Rs. 26,250/- with interest at the rate of12% per annum, to pay a sum of Rs.1,00,000/-towardscompensation for the mental agony, hardship and humiliation causedto the complainantalong withlitigation expenses.

3) Notice of thiscomplaint had been served on theopposite party on 06.11.2013 as would beevidenced by thepostal acknowledgement card but he had failed to appear before this Forum on 06.02.2014 and consequentlyhe had been set exparte.

              5)   The points for Determination are:

                     1) Whether there is deficiency of service on the part of the opposite party?

                     2) Whether the Complainant is entitled to any relief? If so to what relief?

8) POINT No.2: In the result, the complaint is allowed.The opposite party is directedto refund orre-credit the sum ofRs.26,250/- due to the complainant with interest at the rate of 12% per annum from 01.10.2013, thedate of debit Rs.6525/- for the 3^rd timetill the date ofrealization and to pay Rs.1,00,000/- (Rupees one lakh only)towards compensation for the mental agony, hardship and humiliation caused to the complainant owing to the deficiency of serviceof the opposite party within 30 days from the date of this order.If the compensation amount is not remittedwithin 30 daysit shall also carry an interest at the rate of 12% per annum.The opposite party is further directed topay a sum of Rs.2000/- (Rupees two thousand only) towards cost of this litigation.

                    This order was dictated by me to the Steno-Typist, transcribed by her and corrected  and pronounced by me on this  21st  day of  January 2015.

MEMBER -I                                                                                                 PRESIDENT