By Smt. Beena. M, Member:
This is a complaint filed under Section 12 of Consumer Protection Act 1986.
2. Complainant’s case in brief is as follows:- The complainant is a member of the Wayanad District Co-Operative bank Kambalakkad branch and availed an agriculture loan on 08-08-2017. The interest rate for the loan is 4% and due to monsoon disaster he could not repay the amount before due date and release the gold. Therefore he prayed for return the overdue interest, penal interest and compounded interest and seeking the benefit of the moratorium which was pronounced by the Government and also prayed for Rs.10,000/- towards compensation for mental agony and damages.
3. The opposite party entered appearance and filed version. The opposite party admitted that the complainant is a customer and he availed agricultural loan on pledging gold ornaments. The allegation regarding that the complainant was not able to repay the loan amount due to heavy fall and the resultant crop loss etc are not true and there is no deficiency in service on the part of the opposite party and there is not even an allegation in the complaint to that effect. The opposite party admitted the fact that the Government of Kerala have declared moratorium to the said category loans also on complying with the terms and conditions. In this case, the complainant has already repaid the entire loan in question voluntarily without any protest or difference of opinion with the opposite party and subsequently availed another loan of the same category from the opposite party by pledging the very same gold ornaments. The opposite party further submitted that the complainant has not at all taken any steps to approach this opposite party with documents and other proof for making an assessment with regard to the eligibility of the complainant to avail the benefits of moratorium. The complaint is bad for non jointer of necessary parties. The Government of Kerala is a necessary party to the proceeding for proper adjudication. The loan in question was availed for his own commercial purpose and on these ground also the complaint is not maintainable. The opposite party is not at all responsible for the loss and mental agony allegedly occurred to the complainant as there is no deficiency in service on the part of the opposite party. The complainant is not at all entitled to get any relief as prayed for. The above complaint is false, vague, baseless and not according to law and prayed for dismissal of the complaint.
4. On perusal of complaint and documents the Forum raised the following points for consideration:-
1. Whether the complainant is entitled to get the benefits of moratorium?
2. Whether the opposite party is liable to return the overdue interest,
penal interest and compounded interest?
3. Whether the complainant is entitled to get compensation?
4. Relief and cost.
5. Point No. 1 to 3 :- For the sake and convenience the points No.1 to 3 are considered together.
6. For substantiate the case of the case, the complainant produced documents along with the complaint. Complainant filed chief affidavit he examined as PW1 and Ext. A1 marked. From the side of opposite party OPW1 examined Ext. B1 to B10 were marked.
7. On going through the available records and submissions there is no dispute that the complainant is a customer of the opposite party bank and there is no dispute regarding the transaction but the only dispute is that whether the complainant is entitled to get the benefits of the moratorium. On going through the available records the complainant was repaid the amount and released the pledged gold ornament from the opposite party without any protest or objection. If the complainant is not in a position to repay the loan amount definitely he will approach the opposite party with prayer for getting the benefits of moratorium. In this case the complainant failed to plead and prove any deficiency in service was occurred from the opposite party’s part. Here the complainant already paid loan amount and closed the transaction without any protest or challenge how can the Forum entertain the matter. Moratorium is a temporary suspension of an activity and after lifting the moratorium the complainant is liable to pay the loan amount and interest due. There are no documents to show any interest waiver benefit was pronounced by the government. In case there is any interest waiving scheme is passed by the government the complainant is also eligible for it if he applies for it. Here the complainant is failed to plead and prove his case. Hence the points are found against the complainant.
8. Point No.4:- Since the other points are found against the complainant. The complainant is not entitled to get any compensation and costs from opposite party.
In the result, the complaint is dismissed and no order as to costs.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 31st day of January 2020.
Date of filing:28.08.2018.
PRESIDENT: Sd/-
MEMBER : Sd/-
MEMBER : Sd/-
APPENDIX.
Witness for the Complainant.:-
PW1. P.K. Antony. Complainant.
Witness for the Opposite Party:-
OPW1. Jolly Sebastian. Senior Manager
Exhibits for the Complainant:
A1. Receipt.
Exhibits for the Opposite Party:-
B1. Authorisation Letter. dt:03.11.2018.
B2. Receipt.
B3. Gold Loan Application. dt:04.08.2017.
B4. Copy of Receipt. dt:07.07.2017.
B5. Receipt.
B6. Gold Loan Application. dt:17.08.2018.
B7. Receipt. dt:28.06.2018.
B8. Gold Loan Application. dt:21.08.2019.
B9. Receipt. dt:20.07.2019.
B10. Consent Letter.
