Karnataka

Chitradurga

CC/4/2016

Smt.P.Anusuyamma W/o. C.Dasa Reddy - Complainant(s)

Versus

The Manager, Guru Oppathina Swamy Credit Co-Op Society Ltd., - Opp.Party(s)

Shri.Khalid Ahmed

08 Aug 2016

ORDER

 COMPLAINT FILED ON : 01/02/2016

     DISPOSED ON: 08/08/2016

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA

 

CC. NO. 4/2016 DATED:  8th August 2016

 

PRESENT :-         SRI. T.N. SREENIVASAIAH   PRESIDENT                                              B.A., LL.B.,

                             SRI. N. THIPPESWAMY          MEMBER   

                                      B.A., LL.B.,                  

                                     

COMPLAINANT	Smt. P. Anusuyamma, W/o C. Dasa Reddy, R/o Opp: BMGHS School, Besides State Bank of Mysore, Tyagaraja Nagar, Challakere.   (Rep by Sri.Khalid Ahammed,  Advocate)
OPPOSITE PARTY	The Manager, Guru Oppathina Swamy Credit Co-operative Society Ltd., Hosadurga – 577 527.   (ex-parte)

SRI. T.N. SREENIVASAIAH. PRESIDENT.

ORDER

The complainant has filed a complaint U/s 12 of C.P. Act 1986 against the Opposite Party (herein called OP) for direction to the OP to pay Rs.1,00,000/- for having caused loss to the complainant to move the Courts and a sum of Rs.1,00,000/- for mental agony, costs and such other reliefs.

2.      The brief facts of the case of the complainant are that, the complainant had obtained loan from the OP Bank on hypothecation of his Bus bearing Reg. No.KA-16-A-7786 and she has remitted the entire loan along with interest.  It is further submitted that, OP on 16.12.2006 issued a letter to the RTO, Chitradurga for cancellation of the hypothecation and HP of the said vehicle was cancelled.  During the sanction of the loan in respect of the vehicle, OP took RTC and some signatures on printed forms.  It is further submitted that, complainant has not taken any other loan except the H.P loan on the said bus.  OP issued a certificate for the cancellation of the H.P on said vehicle and making hectic efforts to file disputes against him, passing false orders etc., and also trying to threaten him with dire consequences to make payments.  It is further submitted that, complainant has filed an Appeal before the Karnataka Appellate Authority, Bangalore in respect of the award passed and the same is still pending.   He submitted an application under RTI Act seeking to furnish documents which were taken at the time of granting H.P loan.  It is further submitted that, complainant issued a notice to the OP through RPAD on 10.11.2015 and the acknowledgement was not received by him and it is deemed that, the same is served on the OP but, OP has not furnished any reply nor furnished any documents sought by him.  Though the loan obtained by the complainant was cleared, the RTC of his land shows there is a loan.   Hence, there is a deficiency of service and unfair trade practice on the part of OP so, he sustained financial loss and mental agony and etc., and prayed for allow the complaint.

 

          3.      On service of notice OP nor its Advocate appeared before this Forum nor filed any version.  Hence, OP placed ex-parte. 

          4. Complainant himself examined as PW-1 by filing affidavit evidence and Ex.A-1 to Ex.A-6 documents have been marked.  The copy of letter dated 18.12.2006 by the OP to RTO, Chitradurga regarding of cancellation of H.P entry in RC book of Vehicle No.KA-16 A-7786 marked as Ex.A-1, Form 29 marked as Ex.A-2, Form A of Section 6(1) and 7(1) of the RTI Act, 2005 marked as Ex.A-3, Postal receipt of counter foil of Postal orders are marked as Ex.A-4, Letter dated 10.11.2015 by the complainant to OP marked as Ex.A-5, 3 Postal orders marked as Ex.A-6.   

 

          5. Written arguments filed and oral arguments also heard.

 

6. Now the Points that arise for our consideration for the decision of the complaint are that:

 

Point No.1:- Whether the complainant proves that, he has taken loan from the OP on hypothecating her Bus bearing Reg. No.KA-16 A-7786 and cleared the entire loan and the OP has illegally made a claim and thereby complainant has sustained financial loss and mental agony and OP has committed deficiency of service and entitled for the relief as prayed in the complaint?

 

Point No.2:- What order?

 

          7. Our findings on the above points are as follows:

 

          Point No.1:- Negative.

          Point No.2:- As per the final order.

                                                ::REASONS::

8. Point No. 1:- It is argued by the advocate for complainant that, complainant obtained a loan from the OP Bank on hypothecation of her Bus bearing Reg. No.KA-16-A-7786 and she has remitted the entire loan along with interest.  In the written argument, it is submitted that, the OP has issued a clearance certificate for having cleared the loan obtained by the complainant but, not produced any documents to prove the same.  It is further argued that, OP written a letter to RTO, Chitradurga for cancellation of the loan and the hypothecation is also cancelled.  It is important to note that, the Suit No.JRB : DID : 2060/2008-09 filed before the Registrar of Co-operative Societies by the OP for recovery of loan amount which was allowed by perusing the documents produced by the applicant i.e., the OP, which reads as under:

CfðzÁgÀgÀÄ ºÁdgÁV JzÀÄgÀÄzÁgÀgÀÄ ¥ÀqÉ¢gÀĪÀ ¸Á®PÉÌ ¸ÀA§AzsÀ¥ÀlÖ zÁR¯ÁwUÀ¼À£ÀÄß ¥Àj²Ã°®£ÉUÉ ºÁdgÀàr¹zÀÄÝ zÁR¯ÁwUÀ¼À£ÀÄß ¥Àj²Ã°¸À¯ÁV, ¢£ÁAPÀ 27.02.2009gÀ CAvÀåPÉÌ C¸À®Ä gÀÆ.1,90,350/-, §rØ gÀÆ. 1,04,084/-, MlÄÖ gÀÆ. 2,94,434/- ¨ÁQ¬ÄzÀÄÝ, ¸ÀĹÛAiÀiÁVgÀĪÀÅzÀÄ zsÀÈqÀ¥ÀnÖgÀÄvÀÛzÉ.  DzÀÄzÀjAzÀ CfðzÁgÀgÀ zÁªÉAiÀÄ£ÀÄß ¥ÀÄgÀ¸ÀÌj¹ F PɼÀPÀAqÀAvÉ DzÉñÀ.

 

wæð£À°è «ªÀj¹gÀĪÀ CA±ÀUÀ¼À£ÀÄß ¥Àj²Ã°¹zÁUÀ CfðzÁgÀgÀ ¥Àj¥ÀÆtð JzÀÄgÀÄzÁgÀgÀÄ ¥ÀqÉ¢gÀĪÀ ¸Á®ªÀ£ÀÄß ¢£ÁAPÀ 27.02.2009 gÀ CAvÀåPÉÌ C¸À®Ä gÀÆ.1,90,350/-, §rØ gÀÆ. 1,04,084/-, MlÄÖ gÀÆ. 2,94,434/- ºÁUÀÆ zÁªÁ ¦üà ¨ÁQ¬ÄzÀÄÝ ¸ÀzÀj ªÉÆvÀÛPÉÌ JzÀÄgÀÄzÁgÀgÀÄ dªÁ¨ÁÝgÀgÁVgÀÄvÁÛgÉ.  DzÀÄzÀjAzÀ ¸ÀzÀjAiÀĪÀgÀ ¸Á® wÃgÀĪÀ½AiÀiÁUÀĪÀªÀgÉUÉ C¸À°£À ªÉÄÃ¯É ±ÉÃ. 16 gÀAvÉ §rØ ºÁUÀÆ ±ÉÃ. 2 gÀAvÉ ¸ÀÄ¹Û §rØ ºÁUÀÆ zÁªÁ ¦üà AiÉÆA¢UÉ CfðzÁgÀgÀÄ JzÀÄgÀÄ CfðzÁgÀjAzÀ ªÀ¸ÀƯÁw ªÀiÁrPÉƼÀîvÀPÀÌzÀÄÝ.  ªÀ¸ÀƯÁUÀ¢zÀÝ°è JzÀÄgÀÄzÁgÀgÀÄ ¸ÀAWÀPÉÌ DzsÁgÀ ªÀiÁrPÉÆnÖgÀĪÀ ZÀgÀ ªÀÄvÀÄÛ ¹ÜÃgÁ¹ÛUÀ¼À£ÀÄß d¦Û ªÀÄvÀÄÛ ºÀgÁdÄ ªÀiÁr ªÀiÁgÁlzÀ ªÀÄÆ®PÀ ªÀÄvÀÄÛ ªÉÊAiÀÄQÛªÁV ªÀ¸ÀƯÁw ªÀiÁrPÉƼÀî®Ä DzÉò¹zÉ.    

  

9.      It is evident from the order passed by the Registrar of Co-operative Societies that, the OP in this case has filed a suit No.JRB : DID : 2060/2008-09 seeking recovery of the amount and the same was allowed and the complainant in this case was ordered to pay the loan amount of Rs.1,90,350/- and interest of Rs.1,04,084/- in all a sum of Rs. 2,94,434/- as on 27.02.2009 and further directed to pay interest at the rate of 16% p.a on the loan amount and also interest at the rate of 2% p.a on the late payment and that order has been challenged by the complainant before the Karnataka Appellate Tribunal, Bangalore.  Considering the facts and circumstances of the case and the documents, when there is an order passed by the Arbitration and the same was challenged before the KAT, the appellate authority and the same was pending for adjudication, this Forum cannot pass any order and the parties are binding on the decision of the Appellate Tribunal. Accordingly, this Point No.1 is held as negative to the complainant.

 

10.    For the foregoing reasons, we pass the following.

ORDER

          It is ordered that the complaint filed by the complainant U/s 12 of CP Act 1986 is hereby dismissed.  No order as to costs.

          (This order is made with the consent of Member after the correction of the draft on 08/08/2016 and it is pronounced in the open Court after our signatures.)

 

 

MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Complainant by filing affidavit evidence taken as PW-1

Witness examined on behalf of complainant:

-Nil-

Witnesses examined on behalf of OP:

-Nil-

Documents marked on behalf of complainant:

01	Ex-A-1:-	Copy of letter dated 18.12.2006 by the OP to RTO, Chitradurga regarding of cancellation of H.P entry in RC book of Vehicle No.KA-16 A-7786
02	Ex-A-2:-	Form 29
03	Ex-A-3:-	Form A under Section 6(1) and 7(1) of the RTI Act, 2005
04	Ex-A-4:-	Postal receipt of counter foil of Postal orders
05	Ex.A-5:-	Letter dated 10.11.2015 by the complainant to OP
06	Ex.A-6:-	3 Postal orders

Documents marked on behalf of OP:

-Nil-

 

MEMBER                                                   PRESIDENT

Rhr.