IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
IA-54/2024 in CC.03/2024
Dated this, the 8th day of May 2024
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT.BEENA.K.G : MEMBER
Jojo. K Joseph aged 53 years
S/o Late Joseph, Kuttiyanikkal House,
Bheemanadi, Nileshwar. : Complainant
And
Federal Bank Limited,
Represented by its Manager Nileshwar : Opposite Party
Branch.
(Adv: K.M. Sreedharan)
ORDER
SRI.KRISHNAN.K : PRESIDENT
This IA filed by Respondent/Opposite party raising the issue of maintainability of the consumer complaint on the ground of barred by limitation.
The main case is for a direction to return of the deposited loan amount alleging that the loan account is already closed.
The opposite party appeared and filed written version and filed IA 54/2024 to consider the maintainability on the ground that complaint is barred by limitation. The respondent/complainant closed the loan account on 2019 by one time settlement scheme. As the consumer complaint is filed on 2024 alleging that bank has collected excess amount.
Respondent/complainant filed counter contending that petitioner came to know the fact that loan account was closed on 2019 from the version filed by Petitioner/Complainant in the case. And respondent has no knowledge regarding the date of closing of the loan account.
Heard both sides, in detail and carefully perused the documents filed by the parties. From the pleadings and perusal of the documents the question for consideration whether the consumer complaint is maintainable.
Hence both side admits that the loan account was closed on 2019. The consumer complaint filed on 2024, after 5 years of the cause to action. And the document filed by Petitioner/Opposite party shows that the matter in dispute was already disposed by a court of law. Furthermore both parties entered into an agreement and decided the amount in due and by using the facility of OTS the loan amount was closed. Respondent/complainant without objection remitted the amount as per OTS channel.
So from the above discussions we are of the opinion that consumer complaint is not maintainable on the grand that it is barred by limitation, and also dispute is already decided by a court of law.
Hence IA 54/2024 allowed holding that consumer complaint is maintainable and liable to be dismissed. Therefore consumer complaint dismissed.
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
Ps/
