DATE OF FILING : 17.8.2010
BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI
Dated this the 30th day of December, 2010
Present:
SRI.LAIJU RAMAKRISHNAN PRESIDENT
SMT.SHEELA JACOB MEMBER
SMT.BINDU SOMAN MEMBER
C.C No.178/2010
Between
Complainant : K.G. Sasidharan Nair,
Kollikkunnel House,
Panickankudi P.O.,
Idukki District.
(By Adv : V.M. Joymon)
And
Opposite Parties : 1. The General Manager,
The Idukki District Co-operative Bank Ltd.,
Head Office,
Cheruthoni P.O.,
Idukki District.
2. The Branch Manager,
The Idukki District Co-operative Bank Ltd.,
Nedumkandam Branch Office,
Nedumkandam P.O.,
Idukki District.
(Both by Adv: C.K. Babu)
O R D E R
SRI. LAIJU RAMAKRISHNAN (PRESIDENT)
The complainant is the owner and in possession of 85 cents of land in Survey No.28 of Chathurangappara Village, 84 cents of land in Survey No.29 of Udumbanchola Village. He availed an over draft loan from the opposite party bank as loan account No.558 on 3.8.1999 for an amount of Rs.1 lakh by depositing the security of his 85 cents of land in Survey No.29 of Udumbanchola Village. The complainant had repaid Rs.40,000/- in the loan account, but the loan account became due and so in the year 2003, the bank manager requested the complainant to produce further security of property and so the complainant mortgaged 85 cents of land in survey No.28 of Chathurangappara Village to the opposite party bank. So in 1999 the title deed No.3694/1995 of 84 cents of land and in 2003 the title deed No.276/2001 of 85 cents of land were deposited before the opposite party bank by the complainant. The business of the complainant became failure and so the complainant decided to sold out his property. The complainant availed a loan for Rs.2,50,000/- from a private finance to close the loan availed from the opposite party. So the entire amount, compound interest and penal interest were paid by the complainant as Rs.2,48,366/- on 15.3.2010. After closing the entire loan amount to the opposite party on 15.3.2010, the complainant requested for getting all the title deeds of all his property and a request was given in writing. The opposite party rejected the same request stating that the complainant is an accused in a case filed before the Vigilance Court, Thrissur. The complainant is an innocent person, he only introduced the person to the opposite party bank who availed a loan from the opposite party bank. He was in familiar with
the Manager at that time because the complainant was conducting business there. The Bank
(cont.....2)
- 2 -
Manager requested the complainant to sign in a paper before the Bank Manager in order to introduce one person to the bank for starting an account. The complainant who is an illiterate, done as per the request of the Manager and never cheated or done anything against the bank. The complainant availed a loan from the private finance with an interest of Rs.5/- for Rs.100/- and caused a loss of Rs.62,500/- by the same. So this petition is filed for getting back the documents produced to the bank by the complainant.
2. The opposite party filed written version admitting that the complainant availed a loan from the 2nd opposite party bank and it was repaid by the complainant without any dues. Another loan availed by one Sasi, Plathottathil House, Udumpanchola kara in collusion with the complainant and the then Manager of the Bank named O.N. Divakaran, the earlier Village Officer of Elappara Village, G. Ramesh Babu, on 15.1.2001 for an amount of Rs.1 lakh by cheating the bank. The loan became due. The Bank Manager O.N. Divakaran was owed an amount Rs.75,000/- to the complainant. So in order to realise the amount, the complainant and the others colluded and created false documents and availed loan from the bank. The loan amount has been received by the complainant and a statement for the same was given to the 1st opposite party on 6.8.2003, by the complainant. The opposite party informed the complainant that the loan should be repaid by the complainant and the documents will be realised only after the same. There was a criminal case before the Vigilance and Anti-corruption Special Judge, Kottayam as CC 151/2008 and the complainant was found guilty in that case and the Order was pronounced on 26.4.2010. So the bank has been initiated recovery proceedings against the complainant for recovering the loan amount. So the bank is having the right to keep the documents from the complainant up to the repayment of the said loan and so the petition is not at all maintainable.
3. The point for consideration is whether there was any deficiency in service on the part of the opposite parties, and if so, for what relief the complainant is entitled to?
4. The evidence consists of the oral testimony of PW 1 and Ext.P1 marked on the side of the complainant. There is no oral testimony of opposite parties and Exts.R1and R2 marked on the side of the opposite parties.
5. The POINT :- It is admitted by the opposite party without any dispute that the complainant availed a loan from the opposite party for an amount of Rs.1 lakh and the loan amount has been repaid by the complainant. The version of PW1 also substantiate the same and Ext.P1 is the receipt for the repayment of the loan and the amount paid by the complainant is Rs.2,48,366/- as per Ext.P1. As per PW1, he is an innocent person, only introduced one person before the opposite party bank for opening an account as per the request of the then Manger of the Bank. PW1 was a business man and he was familiar with the Manager at that time. Because he is an illiterate, he signed as per the request of the then Bank Manager. He never tried to cheat the opposite party bank. The opposite party has no right to keep the documents of the complainant after the repayment of entire loan.
As per the opposite party, one Mr.Sasi, Plathottathil, Udumbanchola, availed a loan of Rs.1 lakh from the opposite party bank on 15.1.2001 in collusion with the complainant, the then Bank Manager Mr.O.N. Divakaran and the then Village Officer of Elappara Village named G. Ramesh
Babu. The bank manager Mr.O.N. Divakaran has received the amount Rs.75,000/- from the complainant and in order to realise the amount, he colluded with other persons and forged some documents, so received the loan of Rs.1 lakh from the opposite party bank. The entire amount was received by the complainant and a statement was given by the complainant before the opposite
(cont.....3)
- 3 -
party bank stating these facts, which is marked as Ext.R2. In that statement, it is written that the Bank Manager Mr.O.N. Divakarn requested the complainant to produce a person before the bank in order to avail loan by forging some documents and thus the neighbour of the complainant named Mr.Sasi, who was introduced by the complainant. The loan was disbursed to the complainant and the manager Mr.O.N.Divakaran is no more now. A criminal complaint was pending before the Enquiry Commissioner and Special Judge, Kottayam as CC No.151/2008 which was originally filed before the Enquiry Commissioner, Thrissur as CC No.16/2005. The complainant who was the 4th accused is convicted under Sec.120-B r/w Sect.468 I.P.C., and sentenced to undergo rigorous imprisonment for one year and fine Rs.50,000/- in default to undergo simple imprisonment for three months, convicted under Sec.120-B r/w 471 I.P.C., and sentenced to undergo rigorous imprisonment for one year and convicted under Sec.120-B r/w 13(2) of the P.C. Act and sentenced to undergo rigorous imprisonment for two years and fine Rs.50,000/- in default to undergo simple imprisonment for three months. Copy of the judgement is marked as Ext.R1. So the version of the opposite party and Exts. R1 and R2 documents clearly shows the complainant has committed forgery and availed loan from the opposite party bank. So we think that the bank is entitled for the recovery of the loan received by the complainant in the name of one Mr.Sasi and the title deed of the complainant can be realise only after the payment of that loan amount. So the bank has the right to realise the loan amount availed by the complainant in collusion with other persons as per Ext.R1.
Hence the petition dismissed.
Pronounced in the Open Forum on this the 30th day of December, 2010
Sd/-
SRI. LAIJU RAMAKRISHNAN (PRESIDENT)
Sd/-
SMT. SHEELA JACOB(MEMEBR)
Sd/-
SMT. BINDHU SOMAN (MEMBER)
APPENDIX
Depositions :
On the side of the Complainant :
PW1 - Sasidharan Nair
On the side of the Opposite Party :
Nil.
Exhibits :
On the side of the Complainant :
Ext.P1 - The receipt for the repayment of the loan for Rs.2,48,366/-, dated 15.3.2010.
On the side of the Opposite Party :
Ext.R1 - Copy of the judgement in CC.151/2008 of the Court of the Enquiry Commissioner
and Special Judge, Kottayam.
Ext.R2 - Copy of the statement given by the complainant dated 6.8.2003.
