BEFORE THE DISTRICT CONSUMER FORUM AT NALGONDA
PRESENT: SRI I.KRISHNAIAH,
FAC PRESIDENT.
SRI K.VINODH REDDY,
MEMBER.
. . .
THURSDAY, THE SIXTH DAY OF AUGUST, 2015
CONSUMER COMPLAINT No. 02 OF 2015
Between:
Maroju Panduranga Chary S/o Rathna Gopaiah Chary,
H.No.1-263/23, BC Colony, Choutuppal-508 252 Village and
Mandal, Nalgonda District, T.S. Represented by Kolanu Srinivasulu
The Best Consumer Rights Activist, Chairman of Consumer
Intelligence Network of India, R/o 5-280/6I, AMR Function Hall
Lane, Choutuppal-508 252, Nalgonda District, T.S.
…Complainant.
And
The Branch Manager, State Bank of India, Choutuppal Branch
(Code No.2705), Nalgonda District, Telangana State.
…OPPOSITE PARTY.
This complaint coming on before us for final hearing on this day, in the presence of the Complainant and Sri P.Yadagiri Swamy, Advocate for the Opposite Party, and on perusing the material papers on record, the Forum passed the following:
ORDER
BY SRI I.KRISHNAIAH, FAC PRESIDENT
This complaint has been filed by the Complainant against the Branch Manager, State Bank of India, Choutuppal Branch, under section 12(b) of the Consumer Protection Act, 1986.
A perusal of the complaint filed by the Complainant and the compromise memo filed by the Opposite Party disclose that the Complainant is one of the borrowers of loan from the Opposite Party for purchase of a motorcycle and in view of the defaults committed by number of customers including the Complainant herein, there was One Time Settlement between the Complainant and others on one side and the Opposite Party Bank.
Contd…2
- 2 -
Perused the material papers available on record including the Banker’s Cheque bearing No.424774. In pursuance of which, a sum of Rs.33,902.18 Ps. was the amount settled under One Time Settlement. The Complainant presented a Banker’s Cheque for Rs.33,903/- in favour of the Opposite Party Bank towards clearance of the loan amount. In the meantime the Opposite Party Banker filed compromise memo stating that they wanted to maintain cordial relationship with their customers and extend service and they do not want to proceed further and the Opposite Party has no objection to receive a sum of Rs.27,491.67 Ps. and they are also prepared to close the loan account of the Complainant on such amount paid by the Complainant. Though the amount claimed by the Opposite Party is only Rs. Rs.27,491.67 Ps., for closure of the loan account of the Complainant, a Banker’s Cheque for Rs.33,903/- has been filed by the Complainant which is an excess amount.
In the circumstances, Compromise Memo is allowed. The Opposite Party State Bank of India, Choutuppal Branch is directed to receive a sum of Rs.27,491.67 Ps. out of the Banker’s Cheque filed for Rs.33,903/- and refund the balance amount to the Complainant. The Opposite Party is hereby directed to receive the banker’s cheque from this Forum and the balance amount has to be refunded to the Complainant after adjustment of the loan account of the Complainant out of the amount of Rs.33,903/-. Further the Opposite Party is directed to issue No Objection Certificate in favour of the Complainant after closure of the loan account. Since the Complainant is given maximum concession under One Time Settlement, though originally the Opposite Party intended to close the account of the Complainant for a sum of Rs.33,903/- and the Opposite Party has come forward with a compromise memo, this Forum is not inclined to impose any penalty upon the Opposite Party Banker. Time for compliance one month.
Dictated to Steno-Typist, transcribed by him, corrected and pronounced by us in the open Forum on this 6th day of August, 2015.
MEMBER FAC PRESIDENT
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For Complainant: For Opposite Party:
Affidavit of the Complainant. Sri S.Raghu,Manager in Reliance
General Insurance Co.Ltd.,
Hyderabad filed his affidavit on
behalf of the Opposite Party.
EXHIBITS MARKED
For Complainant:
Ex.A-1 Dt.06-10-2010 Reliance Passenger Carrying Vehicle
Certificate cum Policy Schedule.
Ex.A-2 Dt. Accident Vehicle Repairs Estimation.
Contd…6
- 6 -
Ex.A-3 Dt.07-12-2012 O/c of legal notice issued by the counsel for
the Complainant to the Opposite Party.
Ex.A-4 Dt. Postal Receipt.
Ex.A-5 Dt. Postal Acknowledgement.
Ex.A-6 Dt.20-10-2010 R.C.Book of Bolero Vehicle bearing No.
AP-20TV-1005.
Ex.A-7 Dt. C.D.
Ex.A-8 Dt. Xerox copy of Pan Card.
Ex.A-9 Dt. Bolero Vehicle’s Chassis Number.
Ex.A-10 Dt. Bunch of Photographs of the damaged
Bolero Vehicle.
Ex.A-11 Dt.21-03-2011 Attested copy of F.I.R. in Cr.No.51/2011
of PS.Kodad-Rural.
Ex.A-12 Dt.21-03-2011 Attested copy of Scene of offence
Panchanama.
For Opposite Party:
Ex.B-1 Dt. Terms and conditions of Policy.
PRESIDENT
DISTRICT CONSUMER FORUM
NALGONDA
TO
1). Sri T.Chandra Sekhar Reddy,
Advocate for the Complainant.
2). Sri G.V.S.Chalapathi Rao,
Advocate for the Opposite Party.
Written and corrected by me and pronounced by us in the open Forum on this 30th day of January, 2015.
MEMBER MEMBER FAC PRESIDENT
