D.O.F:01/01/2022
D.O.O:10/08/2023
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC No.1/2022
Dated this, the 10th day of August 2023
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT.BEENA.K.G : MEMBER
Jolsna Narayan,
Navami,
Poinachi, POST-THEKKIL,
Kasaragod – 671541. : Complainant
(Advocate: T. C. Narayanan)
And
The Manager,
Union Bank of India,
Poinachi, POST – Thekkil,
Kasaragod – 671541.
(Adv: A. Radhakrishnan) : Opposite Parties
ORDER
SRI.KRISHNAN.K : PRESIDENT
The case of the complainant is that she has availed an educational loan from the opposite party while studding for B-Tech Engineering and also another loan in the year 2015. Complainant sent a lawyer notice explaining the reasons why she could not re-pay the amount as agreed. But opposite party did not sent reply. The complainant filed up the pay slip and paid Rs. 74,500/- to close account but bank has collected Rs. 4,030/- in excess. The opposite party indulged in unfair trade practice and deficiency in service by insisting surety, security and withdraw money without the knowledge of complainant. Opposite party calculated interest wrongly and subsidy amount not credited not issued loan closure certificate. Complainant seeking compensation of Rs. 2 lakh and 35,000 waiver interest and cost of litigation.
The opposite party filed written version denying the allegations. There is no request for waiver of interest. The complainant and her father threatened their officials when request is made for re-payment of the loan and complainant is not eligible to discount. Bank can offer any settlement as per RBI guidelines only. Loan account is transferred to NPA in May 2021. When recovery steps are taken, complaint is filed to prevent recovering proceeding. Opposite party have the right to recover the amount due to the bank, and prayed for dismissal of the complaint.
Complainant filed documents marked as Ext. A1 to A8 and argument notice. The opposite party filed chief affidavit and Ext.B1 and B2 documents marked.
The following points arised for considerations
- Whether there is any deficiency in service or negligence in demanding money due to the bank?
- Whether complainant entitled for any compensation? If so, for what reliefs?
The main points raised by the complainant is that calculation of interest wrong and charged higher and excess rate of interest on interest and penal interest is collected and thus deficiency in service unfair trade practice by opposite party.
Complainant’s evidence consists of Ext.A1 to A8. The documents Ext.A1 and A2 are loan account statement, Ext.A3 is the notice by complainant to opposite party, Ext.A4 is the RBI circular, Ext.A5 and A6 are payment receipts. Ext.A7 is the whatsapp message copy, Ext.A8 is the lawyer notice. As per opposite party, complainant paid Rs. 69437.66/-. Remaining amount is a subsidy from Govt. of India. The complainant seeks a relief of compensation of Rs. 2 lakh including the excess amount collected Rs. 3,500/- towards waiver of interest. As per opposite party complainant did not request to waive interest.
Consumer commission is not deciding the rate of interest charged by bank. Interest rate is charged as per RBI Guidelines. Having signed loan agreement parties are bound by terms of contract. The complainant did not adduce any oral evidence not subjected for cross examination. On the other hand bank filed chief affidavit and cross examined by the complainant. Even in cross examination, nothing is brought out to show that so much excess amount has been collected or higher rate of interest is calculated in the case. Suggestion that Rs. 4030/- is collected in excess out of Rs. 74,500/-, while closing the loan account, it is denied by DW1. Considering the fact that no particulars are available showing collection of excess amount or charged higher rate of interest, the complainant has failed to prove any unfair trade practice or money loss or any negligence in service. Complainant is not entitled for compensation.
In the result, from the evidence made available there is no deficiency in service rendered by opposite bank. No evidence of negligence or unfair trade practice. Hence, commission is of the opinion that complainant is not entitled for any reliefs in the complaint.
In the result, Complaint is dismissed without any order as to cost.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits
A1 – Statement of Account
A2 – Statement of Account
A3 – Copy of request letter and email copy
A4 – Circular
A5 – Payment receipts
A6 – Payment receipts
A7 – Copy of whatsapp messages
A8 – Lawyer Notice
Witness cross-examined
DW1- Reshma Saseendran
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
JJ/
