Karnataka

Kolar

CC/3/2016

Sri.P,Sanjeevappa - Complainant(s)

Versus

The Manager, Canara Bank - Opp.Party(s)

Sri.D.V.Laxmi Narayana

25 Apr 2016

ORDER

Date of Filing: 27/01/2016

Date of Order: 25/04/2016

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.

 

Dated: 25^th DAY OF APRIL 2016

PRESENT

SRI. N.B. KULKARNI, B.Sc., LLB,(Spl.)    …….    PRESIDENT

SRI. R. CHOWDAPPA, B.A., LLB               ……..    MEMBER

SMT. A.C. LALITHA, BAL., LLB         ……  LADY MEMBER

CONSUMER COMPLAINT NO 03 OF 2016

Sri.P.Sanjeevappa,

S/o. Late Pedappa,

Aged about 64 years,

No.666/9, Near Edga,

D.H.Road, Prashanthnagar,

Chickaballapur.

 

(Rep. by Sriyuth.D.V.Laxmi

Narayana, Advocate)                                        ….  Complainant.

 

- V/s -

The Manager,

Canara Bank, B.B. Road,

Chickaballapur

(OP since placed exparte)                              …. Opposite Party.

-: ORDER:-

BY SRI. N.B. KULKARNI, PRESIDENT

01.   The complainant having submitted this complaint as contemplated Under Section 12 of the Consumer Protection Act, 1986 has sought relief of issuance directions to the OP to adjust the loan account by deducting Rs.13,200/- being a subsidy amount granted by the Government with regard to purchase of “200 LPD Duro Plus Tata Power Solar FPC” as under taken vide brochure issued and to re-credit the interest levied on said subsidy amount of Rs.13,200/- as included in the loan account and for Rs.5,000/- towards litigation expenses and any other relief this Forum to deem fit.

02.   The facts in brief:-

(a)    It is contention of the complainant that, he along with his wife Smt. Rathnamma had been to the OP Bank to obtain loan to purchase “200 LPD Duro Plus Solar water heating system as per the scheme in sum of Rs.45,310/-.  And that he was told by the OP that, in such event subsidy in sum of Rs.13,200/- could be availed.

 

(b)    And that accordingly he submitted application to the Bank to obtain loan in sum of Rs.36,000/-.  And that the OP had sanctioned the said loan and also debited sum of Rs.9,471/- from his SB account bearing No.0487101021855 that had commenced since 13.10.1993.  And that in this account only he is getting monthly pension of Rs.1,674/-.

 

(c)    Further it is contended that, thus the OP got prepared DD vide No.445534, dated: 08.04.2013 for sum of Rs.45,471/- and the same was made over to SVL Trading Corporation, Bangalore, vide delivery challan No.2579, dated: 02.07.2013 on which date he received 200 LPD Duro Plus SWH Tata Power Solar Tank.  And that consequently he had signed the delivery challan giving consent.

 

(d)    And that accordingly the OP by taking the said subsidy in a sum of Rs.13,200/- in to account ought to have fixed monthly installments of 60 in number for the availed loan of Rs.36,000/- which was to carry interest at the rate of 11.65% per annum.  And that the OP failed to comply.  And that after frequent approaches ultimately on 20.09.2014 he gave in writing to the OP to adjust the said subsidy amount.  And that in spite of the acknowledgment of such a written request the OP failed to comply.

 

(e)    It is also contended that, on 09.04.2015 he got issued lawyer’s notice through RPAD.  And that it fetched no result.  Thus contending that as he was entitled to deduction to the extent of Rs.13,200/- being subsidy amount the failure on the part of the OP has resulted in deficiency in service.  So contending, he has come up with the complaint on hand to seek the above set out relief.

 

(f)     On 27.01.2016 along with the complaint with a list he has submitted Xerox copies of the following 09 documents:-

 (i) Canara Bank pass-book of the complainant

(ii) Tata BP Solar guidelines relating to Government subsidy.

(iii) Canara Bank DD Rs.45471/- to SLV trading corporation.

(iv) Invoice copy of the SLV trading corporation.

(v) Delivery challan of the SLV trading corporation.

(vi) Requisition of the complainant to release subsidy.

(vii) Legal notice of the advocate.

(viii) Postal RPAD served acknowledgement.

(ix) Canara Bank loan account pass-sheet.

 

03.   On the strength of the complaint; case came to be registered and notice came to be issued to the OP through RPAD.  Such issuance of notice was vide order dated: 29.01.2016 returnable by 24.02.2016.  There is a written communication dated: 15.03.2016 by the Post Master, Grade-III, Kolar Head Office, that the OP had received the said notice on 01.02.2016 itself by 16:05:41.  Consequently on 22.03.2016 order came to be passed placing the OP exparte.

 

04.   The very complainant has submitted his affidavit evidence and also written arguments.  Heard the oral arguments as advanced by the learned counsel appearing for the complainant on 23.04.2016.

05.   Therefore the points that do arise for our consideration in this case are:-

1. Whether the OP is guilty of deficiency in service?

 

2.   If so, whether the complainant is entitled to the reliefs sought for?

 

3.  What order?      

 

06.   Findings of this District Forum on the above stated points for the following reasons are:-

POINT 1 & 2:           In the Affirmative.

 

POINT 3:                 As per the final order

                                for the following:-

 

REASONS

POINT 1& 2:-

07.   To avoid repetition in reasonings and as these points do warrant common course of discussion, the same are taken up for consideration at a time. 

 

(a)    From the un-opposed averments in the complaint, said documentary evidence and affidavit evidence of the complainant it would be crystal clear that the scheme under which the complainant made purchase of the said solar water heating system was to carry the benefit of subsidy in a sum of Rs.13,200/-.  As on 02.07.2013 the complainant had received the said system on which day he signed the delivery challan giving his consent.  This development would presuppose that on 08.04.2013 itself the OP was duty bound to deduct sum of Rs.13,200/- in the loan amount as the said subsidy was bound to be given on the very said day.

 

(b)    Therefore the consequent result would be that the loan liability was bound to be fixed for Rs.36,000/- only which was to carry the agreed rate of interest being 11.65% per annum which loan amount was bound to be repaid in 60 equal monthly installments.  Vide said documentary evidence in general and the Canara Bank loan account pass-sheet in particular it is clear that the OP has not given due credit for said sum of Rs.13,200/- being the subsidy amount.  Further it is also clear that the interest liability is inclusive of this subsidy amount which ought not to have been.  Under the circumstances the complainant is legally entitled for said subsidy amount of Rs.13,200/- with effect from 08.04.2013 and consequently the interest liability shall have to be reduced accordingly.  Failure on the part of the OP in this context has resulted in gross deficiency in service.

 

(c)    Therefore we are of the opinion that, as the complainant has been made to suffer for no fault of him he is entitled to compensation of Rs.5,000/- which amount to carry interest at the rate of 9% per annum from 27.01.2016 being the date of the complaint for being recovered from the OP till realization. 

 

POINT 3:-

08.   We proceed to pass the following:-

ORDER

01.   For foregoing reasons the complaint stands allowed with costs of Rs.1,000/- against the OP as hereunder:-

 

(a) The OP shall take in to consideration the said subsidy amount of Rs.13,200/- with effect from 08.04.2013 with regard to the said loan transaction and liability to repay the said loan of Rs.36,000/- in 60 equal monthly installments shall be together with agreed interest at the rate of 11.65% per annum which shall be on the basis of cut rate interest.  Consequently we direct the OP to adjust the monthly installments paid already so as to restrict on the principal loan amount of Rs.36,000/- only.

 

(b)    We direct the OP to pay compensation in a sum of Rs.5,000/- to the complainant together with interest at the rate of 9% per annum from 27.01.2016 being the date of complaint till realization.

 

(c)    We grant time of one month to the OPs to comply order from the date of receipt of the same.

 

(02)  Send a copy of this order to both parties free of costs.

 

(Dictated to the Stenographer in the Open Forum, transcribed by him, corrected and then pronounced by us on this 25^th DAY OF APRIL 2016)

 

 

 

 

MEMBER                      MEMBER                     PRESIDENT