Date of Filing: 15.05.2008<br /> Date of Order:26.08.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 26TH DAY OF AUGUST 2008<br /> PRESENT<br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> <br /> COMPLAINT NO: 1137 OF 2008<br /> Arunkumar N.T.<br /> S/o. Narayanachar T<br /> # 10, “Bhakti”<br /> Nehru Memorial School Road<br /> Nagadevanahalli<br /> Bangalore 560 056 Complainant<br /> <br /> V/S<br /> The Manager<br /> Customer Services,<br /> Barclays Bank PLC.<br /> Ground & 1st Floor<br /> EROS Corporate Towers<br /> Nehru Place, New Delhi 110 019 Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant for deficiency of service on the part of the opposite party.<br /> The facts of the case are that the complainant had taken loan from opposite party. He was told that rate of interest will be 17% p.a. Subsequently, opposite party had charged 18.5% p.a. It is also the case of the complainant that the signature has been forged. The copy of agreement which is with the complainant does not have an additional signature. The whole act of the opposite party amounts to deficiency of service on the part of opposite party and breach of trust. Forgery of signature by the employee of the opposite party amounts to criminal offence. The complainant prayed that rate of interest should be rectified from 18.5% to 17.00% p.a. as agreed from the date of commencement of the loan. The opposite party should tender an unconditional apology for forging the signature. Complainant has not defaulted in payment of loan EMI. It is submitted that opposite party is not ready to rectify the mistake. Contrary to it opposite party defended the mistake which is not acceptable by any standards. <br /> 2. Notice issued to opposite party. Opposite party appeared through advocate. Matter was heard. The complainant submitted his argument in person. Learned advocate for the opposite party submitted during the course of argument that opposite party is ready to charge interest at 17% p.a. on the loan amount taken by the complainant and submitted that matter may be disposed off by recording his submission. The complainant who is present in person submitted that the rate of interest agreed for the loan taken by him was 17% p.a. from date of commencement of his loan. The complainant is regular in payment of EMI. Complainant is also working in Citi Finance as Assistant Manager at present. In view of the submission and undertaking given by the opposite party that it is ready and willing to charge interest at 17% p.a. on the loan, the relief asked by the complainant has been accepted and settled. Therefore, the opposite party bank shall be directed to charge interest at 17% p.a. to the loan advanced to the complainant from the date of commencement of the loan. The complainant submitted that his signature has been forged by one of the employee of the opposite party bank on the application form. Therefore, he requested that suitable actions shall be taken against the opposite party. The complainant submitted that he has moved the police in respect of the offence of forgery and he has filed complaint to police. The question of forgery and taking action on the said offence shall have to be gone into by the concerned police and matter requires to be investigated thoroughly. It is the duty of the concerned police to go into allegation of forgery and investigate the matter as per law. This forum has no jurisdiction to take any action against opposite party in respect of the allegation of forgery. In respect of the rate of interest chargeable to loan amount the opposite party shall be directed to charge 17% interest p.a. on the loan advanced to the complainant right from the date of commencement of the loan. The complainant is a customer of the opposite party bank and has taken personal loan. The opposite party should treat his customers in a dignified manner. The opposite party should see that customers are not harassed unnecessarily. It is opt to quote the famous quotation of Mahatma Gandhi “UÁæºÀPÀ JAzÀgÉ C£À¥ÉÃQëvÀ ªÀåQÛAiÀÄ®è. DvÀ £ÀªÀÄä°èUÉ §gÀĪÀ UËgÀªÁ¤évÀ ªÀåQÛ DvÀ £À«ÄäAzÀ G¥ÀPÁgÀ §AiÀĸÀĪÀÅ¢®è. §zÀ°UÉ DvÀ£À ¨sÉÃn £ÀªÀÄUÉ ¸ÉêÉAiÀÄ CªÀPÁ±À PÉÆqÀÄvÀÛzÉ.” With this observation the complaint is allowed directing the opposite party to charge 17% interest p.a. on the loan taken by the complainant.<br /> 3. Send the copy of this Order to both the parties free of costs immediately. <br /> 4. Pronounced in the Open Forum on this 26TH DAY OF AUGUST 2008. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> <br /> MEMBER MEMBER <br /> CV<br />