By. Sri. Jose. V. Thannikode, President:
The complaint filed against opposite party to return the excess amount paid by the complainant and to return the Bank Account balance in his Savings Bank Account and cost and compensation under section 12 of the Consumer Protection Act 1986.
2. Brief of the complaint:- The complainant as a Secretary of the Aiswarya Ayalkootam with Reg No.228/95 took a loan of Rs.80,000/- from opposite party on 21.05.2008 for agricultural purpose. The loan account number was 656-50346 & the Savings Bank account of the said Ayalkootam was 4357. During the initial period the complainant has been remitting the installments properly. Thereafter due to Natural calamity the crops gets devastated and the complainant could not remit the installments.
3. On 21.06.2010 the complainant received a demand notice from Deputy Tahasildar, Revenue Recovery, Vythiri stating that they owe a due amount of Rs.69678/- to the opposite party. Thereafter on 18.02.2011 a Revenue Recovery adalath conducted by the Tahasildar and settled the claim in total for Rs.58,766/- with 1% Revenue Recovery charge within 30.03.2011 and also agreed that if payment between 31.03.2011 to 15.09.2011, the Revenue Recovery charge will be @5% per annum. Due to financial stringencies the complainant paid Rs.40,350/- to the opposite party on 20.09.2011. Thereafter opposite party intimated that Rs.14,427/- is to be paid and thus the complainant paid the entire amount as stated by the opposite party on 29.09.2011 and thereafter Rs.690/- is paid to the opposite party as Revenue Recovery Charge. The complainant further says that he remitted Rs.600 /- on 25.03.2011 and Rs.6,000/- on 04.05.2011. The Revenue Adalath dated 18.02.2011 also decided that no interest will be collected from the complainant from 25.03.2011 for the amount of Rs.58,766/-. Complainant further says that in the complainant's savings Bank Account No.4357 there was a balance of Rs.1,028/- on 29.01.2009. On 19.12.2011 the complainant approached the opposite party to collect the excess amount which he remitted more than the agreed amount of Rs.12,016/- and to withdraw the amount from their savings bank account through cheque. The opposite party returned the cheque stating that there was no balancing fund in their account. The complainant further says that the above act of the opposite party is a gross deficiency of service and unfair trade practice. Due to this the complainant sustained heavy loss, damage and mental agony. Hence the complainant prayed before the Forum to direct the opposite party to return Rs.12,016/- with 12% interest and to return Rs.1,028/- which was there in the complainant's savings bank account on 29.01.2009 and to give cost and compensation.
4. Notice were served to opposite party and opposite party filed version denying the contention and stated that the loan availed had became non performing asset on 04.06.2009 and an amount of Rs.69,678/- was due at the time of initiating revenue recovery proceedings. Thereafter the subject matter ws settled for a lesser amount of Rs.58,766+Revenue Recovery charge and since from the Savings Bank account complainant availed cheque facility, the average quarterly minimum balance to be maintained is Rs.1,000/-. Charges towards minimum balance were collected on 19.03.2009, 19.09.2009,09.09.2009 and 19.12.2009. Thereafter the minimum balance charge of Rs.458/- collected on 19.09.2009, Rs.250/- on 19.12.2009, Rs.208 were reserved on 29.09.2011 and credited to loan amount. Hence opposite party prayed before the
Forum to disallow the complaint with cost to opposite party.
5. On going through the complaint, version and documents the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of the opposite party?
2. Relief and Cost.
6. Point No.1:- In addition to the complaint, the complainant filed proof affidavit and stated as stated in the complaint and documents produced and it is marked as Ext.A1 to Ext.A11. Opposite party also filed proof affidavit and stated as stated in the version and Ext.B1 and B2 is marked. Ext.A1 is the by-law of Janakeeya Samithikal Kudumba Kshema Nidhi. Ext.A2 is the Minutes of complainant firm. Ext.A3 is the pass book of the complainant's loan account. Ext.A4 is the pass book of complainant's Savings Bank Account No.4357. There is an amount of Rs.1,028/- is seen remain balance on 29.01.2009. Ext.A5 is the Revenue Recovery Notice dated 21.06.2010. Ext.A6 is the Revenue Recovery Adalath Notice dated 18.02.2011. Ext.A7 is the request by the complainant to the District collector. Ext.A8 is the Notice given to complainant by opposite party after Adalath dated 03.08.2011, in which it is demanded to remit Rs.52,166/- with 5% interest within 30.09.2011. Ext.A9 is the Bank slip/Receipt which shows the complainant remitted Rs.38,429+RR-1921 to the opposite party on 20.09.2011. Ext.A10 is the slip/receipt shows that the complainant remitted Rs.13,737+690 to the opposite party on 29.09.2011. Ext.A11 is the cheque for Rs.1,028/- dated 05.01.2012 of the complainant.
7. Ext.B1 is the copy of RBI Regulations produced by opposite party. Ext.B2 is the attested copy of the Loan Account statement of the complainant as on 25.05.2012 showing NIL Balance.
8. On going through the complaint, version, documents and arguments it is seen that as per the terms of settlement arrived on adalath and as per the notice dated 03.08.2011 given by the opposite party to the complainant(Ext.A8) the complainant remitted back all the amount of Rs.52,166/- +2611 as Revenue Recovery charges to the opposite party as per Ext.A9 and A10 and no documents produced to show that an excess amount of Rs.12,016/- is remitted by the complainant to the opposite party. Hence opposite party is not liable to return the amount of Rs.12,016/- to the complainant.
9. In the second prayer of the complainant that the opposite party has not honoured the cheque for Rs.1,028/- dated 05.01.2012 even though there was balance of Rs.1,028/- in the complainant's savings bank account No.4357 on 29.01.2009. This contention is not challenged by the opposite party in their version and also evidenced from the savings bank account pass book No.4357 that the opposite party has debited Rs.276/- on 19.03.2009, Rs.276/- on 19.06.2009 and Rs.276/- on 19.09.2009 and Rs.230/- on 19.12.2009 and Rs.427/- on 29.09.2011 and Rs.31/- on 19.12.2011 as minimum balance charges, even though there was a balance amount of Rs.1,028/- in the Savings Bank account of the complainant without any basis and no explanation also given for the same and we opine that, the charging of minimum balance charge even after having sufficient balance in the savings bank account is the gross deficiency of service from the side of opposite parties. Hence the complainant is entitled to get the balance amount as on 29.01.2009 of his savings bank account and cost and compensation and opposite party is liable to compensate it. The Point No.1 is found accordingly.
10. Point No.2:- Since the Point No.1 is found in favour of the complainant, the opposite party is liable to pay the balance amount of the complainant's Savings Bank Account No.4537 as on 29.01.2009 with interest, cost and compensation. The Point No.2 is decided accordingly.
In the result, the complaint is partly allowed and the opposite party is directed to return Rs.1,028/- (Rupees One Thousand and Twenty Eight only) with 12% interest from 29.01.2009 and Rs.3,000/- (Rupees Three Thousand Only) as compensation and Rs.2,000/- (Rupees Two Thousand Only) as cost of the proceedings. This Order must be complied by the opposite party within 30 days from the date of receipt of this Order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 30th day of September 2014.
Date of Filing:24.01.2012.
PRESIDENT :Sd/-
MEMBER :Sd/- MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX
Witness for the complainant:-
PW1. Leela Mohandas. Complainant.
Witness for the opposite parties:-
OPW1. Surjith. Manager.
Exhibits for the Complainant:-
A1. By-law of Janakeeya Samithikal Kudumba Kshemanidhi.
A2. Minutes.
A3. Copy of Loan Pass Book.
A4. Copy of pass book of Savings Bank account.
A5. Revenue Recovery Notice.
A6. Revenue Recovery Adalath Notice. Dt:18.02.2011.
A7. Request by the complainant to District Collector.
A8. Notice.
A9. Bank slip/Receipt. Dt:20.09.2011.
A10. Bank Slip/Receipt. Dt:20.09.2011.
A11. Cheque. Dt:05.01.2012.
Exhibits for the Opposite Parties:-
B1. Copy of RBI Regulations produced by opposite party.
B2. Loan Account Statement.
Sd/-
PRESIDENT, CDRF, WAYANAD.
