CONSUMER DISPUTES REDRESSAL FORUM
Palakkad, Kerala
Dated this the 10th day of March 2014
CC.NO.142/2013
PRESENT : SMT. SEENA. H, PRESIDENT Date of filing: 24/08/2013
: SMT. SHINY.P.R ,MEMBER
: SMT.SUMA K.P, MEMBER
1. Jyne George, W/o. George,
Valiyaveettil Parambil House,
Perimabadari (P.O),
Mannarkkad Taluk,
Palakkad District.
2. Stella Mareena George, D/o. George,
Valiyaveettil Parambil House,
Perimabadari (P.O )
Mannarkkad Taluk,
Palakkad District. : Complainants
(By Adv. K.K. Ramadasan)
Vs
The Manager,
State Bank of India,
Mannarkkad Branch,
Mannarkkad (P.O),
Palakkad District. : Opposite party
O R D E R
By Smt. Shiny . P. R , Member
Complaint in brief:- 2nd complainant is studying BDS course at Maruthi Dental College and Research Centre, Bangalore. She filed an application for Educational Loan from the opposite party, but opposite party raised many objections for issuing loan. Then the complainant filed complaints before Banking Ombudsman Reserve Bank of India. As per the direction of the higher authorities, opposite party considered the application and promised to pay Rs.3.5 Lakhs as loan to complainant. At first opposite party requested the security of immovable property and complainant submitted original documents of 20 cents of property. Again opposite party demanded collateral security and many other things. Then the opposite party rejected the loan application without any valid reason. The complainant filed a complaint before Education Minister of Kerala and as per the reply of Education Minister, Complainant approached District level Bankers Committee. As per the direction of that committee, South Malabar Gramin Bank sanctioned the Education loan to the complainant. Mental agony and financial loss caused to the complainant due to act of opposite party. Hence the complaint. Complaint was admitted and notice was issued to opposite party for appearance. Opposite party inspite of accepting notice did not appear before the Forum. Hence, they were called and set exparte.
Opposite party set exparte.
The evidence adduced by the complainant consists of their chief affidavit and Ext. A1 to Ext.A8 documents.
The following issues are to be considered :-
- Whether there is any deficiency in service or unfair trade practice from the part of opposite party ?
- If so what is the relief and cost ?
ISSUES 1 & 2
As per Ext. A4, the complainant demanded only Rs. 3, 50,000/- (Rupees Three Lakhs and Fifty Thousand only) for which no collateral security is required. Opposite party stated this fact in Ext.A3 also. On 09/03/2011 opposite party informed the complainant that they are unable to consider the application for the reason that complainant has not produced the collateral security and source of income statement. Complainant submitted the original documents of 20 cents of property before the bank. Instead of taking any steps for processing the loan, opposite party rejected the application of the complainant without any valid reason. So there is deficiency of service from the part of opposite party. More over opposite party remained exparte. There is no evidence contrary to the evidence adduced by the complainant.
In view of the above discussion, we allow the complaint partly. Opposite party is directed to pay Rs. 2000/- ( Rupees Two Thousand only) as compensation for the deficiency in service and Rs.500/-(Rupees Five Hundred only) as cost of the proceedings.
Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest for the whole amount from the date of order till realization.
Pronounced in the open court on this the 10th day of March 2014
Sd/-
Smt. Seena. H
President
Sd/-
Smt. Shiny. P.R
Member
Sd/-
Smt. Suma K.P
Member
APPENDIX
Exhibits marked on the side of the complainant
Ext.A1 - Photo copy Expenditure Certificate issued from Maruthi College of
Dental Sciences & Research Centre, relating to BDS Course dated
22/06/2010.
Ext.A2 - Registered Letter send by 1st complainant to opposite party
dated 18/02/2011.
Ext.A3 - Reply dated 19/02/2011 issued by opposite party to 1st
complainant.
Ext.A4 - Registered Letter send by 1st complainant to opposite party
dated 04/03/2011.
Ext.A5 – Reply dated 09/03/2011 issued by opposite party to 1st complainant.
Ext.A6 - Letter send by Head Office of opposite party to 1st complainant
dated 06/07/2011.
Ext.A7 - Reply Letter dated 19/09/2012 issued by Planning and Financial
department , State of kerala to George ( Father of 2nd complainant )
Ext.A8 - Photo copy of Pass Book of 2nd Complainant in South Malabar Gramin Bank
Mannarkkad Branch.
Exhibits marked on the side of the opposite party
Nil
Cost allowed
Rs. 500/- (Rupees Five Hundred only) allowed as cost of the proceeding.
