Delhi

North East

cc/213/2012

Nirale Khan - Complainant(s)

Versus

The Chief Secretary, NDMC Emloyees Thrift & Credit Society Ltd. - Opp.Party(s)

21 Dec 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 213/12

 

In the matter of:

 

	Shri Nirale Khan S/o Shri Nanhey Khan R/o:- H.No. B-1379 Rajeev Nagar, Hussaini Masjid Bhopura, Distt. Ghaziabad	Complainant
	Versus
	The Chief Secretary NDMC Employees Thrift & Credit Society Ltd. Havelock Square Kalibari Lane New Delhi-110001	Opposite Party

 

DATE OF INSTITUTION:        JUDGMENT RESERVED ON:               DATE OF DECISION      :

24.05.2012 19.10.2022 21.12.2022

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

 

 

ORDER

     Surinder Kumar Sharma, President

The Complainant has filed the present complaint under Section 12 of the Consumer protection Act, 1986.

 

Case of the Complainant

1. The case of the Complainant as revealed from the record is that Complainant was a Government Servant at the post of Mali in the department of North District Municipal Corporation. He was also a member of Co-operative Thrift & Credit Society Ltd., Shivaji Stadium, New Delhi. Complainant had taken a loan from the said society of Rs. 50,000/- in the month of September 2002 and in April 2004 Rs. 50,000/-. Complainant had also taken a loan from the said society of Rs. 75,000/- in the month of September 2005 and September 2007 Rs. 75,000/-. Complainant stated that he had repaid the entire amount of loan to Opposite Party. It is alleged that Opposite Party withdrawn excess amount of Rs. 31,600/- from Complainant’s account bearing no. 16027. It is also alleged that Opposite Party did not issue the No Objection Certificate despite several requests made by the Complainant. Complainant submitted that Opposite Party asked for further sum of              Rs. 31,600/-. Complainant has prayed for issuing direction to Opposite Party to pay a sum of Rs. 31,600/- in respect of the excess amount was taken by him. He has also claimed Rs. 50,000/- as compensation for causing mental pain and agony. He has also claimed Rs. 21,000/- as litigation charges.

Case of the Opposite Party

2. The Opposite Party contested the case and filed written statement. It is stated by the Opposite Party that Opposite Party society is registered under Delhi Co-operative society Act, 2003. Complainant was member of the society and the employee of North Delhi Municipal Corporation at the post of Mali. Complainant had taken a loan of Rs. 50,000/- in September 2002, Rs. 50,000/- in April 2004 and Rs. 75,000/- in year 2005. It is alleged that Complainant did not pay the loan amount as per terms of the bond society. Opposite Party deducted the amount from Complainant’s pay from the North District Municipal Corporation. Opposite party denied the allegation made by the Complainant that Opposite Party had taken Rs. 31,600/- in excess. Opposite Party submitted that Complainant was liable to pay interest of Rs. 5650/-, interest of compulsory deposit Rs 932/- and refund Rs. 547/- on account of dividend paid in excess. Opposite Party stated that the loan was repaid by the Complainant on 02.07.2011. Opposite Party stated that if the Complainant has any dispute with society he should approach the Registrar under Section 70.

Rejoinder to the Written Statement of Opposite Party

3. The Complainant filed rejoinder to the written statement of Opposite Party wherein the Complainant has denied the preliminary objections raised by the Opposite Party and has reiterated the assertion made in the complaint.

Evidence of the Complainant

4. The Complainant in support of his complaint filed his affidavit wherein he has supported the averments made in the complaint.

Evidence of the Opposite Party

5. In order to prove its case Opposite Party has filed affidavit of Shri Ram Kishan, R/o 1562, Katra Hussain Baksh, Main Bazar, Paharganj, New Delhi-55, Account Clerk of the North Delhi Municipal Corporation employee Co-operative Thrift & Credit Society Ltd.

Arguments & Conclusion

6. We have heard the Counsel for the Complainant and Opposite Party. We have also perused the file and written arguments filed by the parties.
7. The Opposite Party has raised the issue of maintainability of the complaint on the ground that this commission has no power to entertain the complaint for want of jurisdiction. In view of the judgment in the case of Secretary, Thirumurugan Vs M. Lalitha (Dead) Through Lrs. & Ors. in Appeal No. 92 of 1998 (Supra), the complaint is maintainable before the Consumer Forum.
8.  It is the case of Complainant that he has taken loans from the Opposite Party and has repaid the loan amount. It is his case that the Opposite Party has deducted excess amount of Rs. 31,600/- from his account and it is also his grievance that Opposite Party has not issued him No Objection Certificate regarding clearance of the loan. The Complainant in order to prove his case has filed his affidavit and also had filed photocopies of his passbook. The case of the Opposite Party is that the Complainant has not repaid the full loan amount. To support its case the Opposite Party has filed affidavit of Sh. Ram Kishan, Accounts Clerk of the Opposite Party. He has supported the version of the Opposite Party as mentioned in the written statement. However, perusal of the file shows that the Opposite Party has not filed any authentic record to show that the Complainant has not repaid the full loan amount. However, some details regarding the loan advanced to the Complainant has been mentioned in the affidavit of Sh. Ram Kishan, Accounts Clerk of the Opposite Party. In the absence of non-production of authenticate record by the Opposite Party, the case of the Opposite Party cannot be believed. Therefore, the defence raised by the Opposite Party cannot be accepted.
9. In view of the above discussion, the complaint is allowed. The Opposite Party is directed to pay an amount of Rs. 31,600/- to the Complainant along with interest @ 6 % p.a. from the date of filing the complaint till recovery. The Opposite Party is also directed to issue No Objection Certificate to the Complainant within one month of the receipt of this order. The Opposite Party shall pay an amount of Rs. 10,000/- to the Complainant towards mental harassment and litigation charges along with interest @ 6 % p.a from the date of this order till recovery.  

Copy of this order be given to the parties free of cost.

File be consigned to Record Room.

 

(Anil Kumar Bamba)           Member

(Surinder Kumar Sharma) President