By Sri. K. Gheevarghese, President:

The complaint filed under section 12 of the Consumer Protection Act.

The complaint in brief is as follows:- The Complainant availed a loan of Rs.25,000/- from the 1^st Opposite Party. The terms of the loan provided is such that the amount to be repaid at the rate of 6% interest. The repayment of the loan amount was to be paid in monthly instalments. The Complainant remitted the 1^st instalments of Rs.15,000/- and the balance amount Rs.10,000/- yet to be paid along with the interest at the rate of 6%. The 2^nd and 3^rd Opposite Parties informed the Complainant that Rs.85,377/- was due from the Complainant and the amount due would be recovered by revenue recovery proceedings along with collection charge of 5% . There was no intimation from the 1^st Opposite Party for the repayment of the due amount till the recovery notice was issued. The amount demanded by the Opposite Parties are against justice and reasons at any cost. The Complainant is not liable to pay Rs.85,377/- as demanded by the Opposite Party. If the interest of the availed loan was calculated properly the amount can be Rs.32,000/-. There may be an order directing the Opposite Party.

(a). The complainant is not liable liable to pay Rs.85,377/- as demanded.

(b) For filing statement of calculation by the Opposite Party to ascertain the actual

sum liable to be paid.

© To give compensation of Rs.5,000/- along with cost.

2. The 1^st and 2^nd Opposite Parties are declared exparte in the absence of any version on their side, the 3^rd Opposite Party filed a statement. The sum up of the statement is as

follows. The recovery proceedings initiated against the Complainant is upon the request of

the 1^st Opposite Party to the District Collector for Rs.85,377/- along with 2.5% interest from 28.11.2008 onwards. The recovery certificate was issued dated 18.12.2008 No.C4/33053/08.

The proceedings were initiated upon the order of the District Collector in order to recover the amount and directions were given to the Village Officer, Kaniyambetta. The interest calculated is to be ascertained by the requisition authority and the 3^rd Opposite Party has no information so far any difference in the interest assessed, the complaint is to be dismissed.

3. The points in consideration are:-

1. Is there any deficiency in service on the part of the Opposite Parties.

2. Relief and cost.

4. Points No. 1 and 2:- The points No.1 and 2 can be considered together. The Complainant filed proof affidavit, Ext.A1 and A2 are marked. The notice issued towards the recovery is Ext.A1 and A2 is the demand notice issued by the 3^rd Opposite Party. Apart from this documents, no other documents are produced by the Complainant on their side especially to show that there is considerable difference in the calculation of the interest. The Complainant has not established producing documents that how much is the amount of loan availed from the 1^st Opposite Party and from which date onwards, and further the loan amount when became due are not produced in evidence. More over the revenue recovery proceedings in this juncture cannot be interfered.

In the result, the complaint is dismissed. No order as to cost.

Pronounced in open Forum on this the day of 30^th June 2009.

PRESIDENT: Sd/-

MEMBER- I: Sd/-

MEMBER-II: Sd/-

A P P E N D I X

Witnesses for the Complainant:

Nil.

Witnesses for the Opposite Party:

Nil.

Exhibits for the Complainant:

A1. Notice issued before attachment of the properties.

A2. Revenue Recovery Notice. dt:13.01.2009

Exhibits for the Opposite Party:

Nil.