Kerala

Kasaragod

CC/10/100

K.M.Mahamood - Complainant(s)

Versus

The Manager - Opp.Party(s)

31 Jul 2010

ORDER


C.D.R.F, KasargodDISTRICT CONSUMER DISPUTES REDRESSAL FORUM, OLD SP OFFICE BUILDING, PULIKUNNU, KASARAGOD
CONSUMER CASE NO. 10 of 100
1. K.M.MahamoodS/o,Mammunhi, Kulangara House, Po.KudluKasaragodKerala ...........Appellant(s)

Vs.
1. The ManagerKerala State Backward Class Development Corporation, KasaragodKasaragodKerala ...........Respondent(s)


For the Appellant :
For the Respondent :

Dated : 31 Jul 2010
ORDER

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                                                                                       Date of filing  :  24-04-2010

                                                                                       Date of order :  31-07-2010

 

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                                C.C. 100/10

                         Dated this, the 31st day of July 2010

PRESENT

SRI.K.T.SIDHIQ                                            : PRESIDENT

SMT.P.RAMADEVI                                       : MEMBER

SMT.P.P.SHYMALADEVI                             : MEMBER

 

K.M.Mohamood,

S/o. Mammunhi,

Kulangara House, Po.Kudlu                                            } Complainant

Kasaragod District.

(In Person)

 

The Manager,

Kerala State Backward Class Development             } Opposite party

 Corporation, Kasaragod

(Adv. P.V.Jayarajan, Kasaragod)

 

                                                                        O R D E R

SRI.K.T.SIDHIQ, PRESIDENT

 

            The grievance of the complainant in brief is that opposite party charged high rate of interest as against the agreed rate of interest 4% for the educational loan availed for his son Ahammed Kabeer.  Thereby  opposite party illegally collected 20,000/- rupees from him in excess.  Hence the complaint alleging deficiency in service on the part of opposite party.

2.            According to opposite party the complainant failed to repay the loan amount as per the agreed terms.  As per terms of agreement they are entitled to collect penal interest @ 12% on belated payments.  Therefore there is no deficiency in service on their part  and the complaint is liable to be dismissed.

3.         Ext.A1 marked on the side of complainant. Exts B1 to B9 marked on the side of opposite party.  Both sides heard.  Documents perused.

4.         Ext.A1 is the copy of the pass book issued by opposite party to complainant.  The payment entries in the pass book shows that the complainant has not repaid the loan as per the terms of educational loan.

5.         On the other hand learned counsel for opposite party Sri. P.V.Jayarajan relying on Exts. B1 to B9 submitted that as against the loan advanced 90,000/- rupees on 3 instalments of 30,000/- rupees each on 12-12-2002, 23-3-2004 and 18-10-2004 the complainant ought to have started repayment in monthly instalments @4% interest from  10-1-2006. Each monthly instalment fixed was 1800/- rupees.  But he was a chronic defaulter and none of the instalments remitted in time inspite of the reminders Exts B2, B3, B4 and B7.  Hence as per conditions No.4 of the General Terms & Conditions they are entitled to collect a penal interest @12% for the belated payments.  Ext.B9 the copy of personal ledger extract pertains to the loan of complainant.   Ext.B9 shows that opposite party had collected  interest only as per the terms & conditions of the loan.

            Hence we are unable to accept the case of complainant that opposite party had collected exorbitant amount by way of interest from him.  Complaint is accordingly fails and hence dismissed.

       Sd/-                                                        Sd/-                                      Sd/-

 

MEMBER                                                       MEMBER                               PRESIDENT

A1. Photo copy of  pass book

B1. Copy of loan sanction order.

B2.6-9-05 letter sent by OP to  Ahammed Kabeer. K.M.

B3.12-12-06 copy of registered letter.

B4.27-03-08 Letter sent by OP to K.M.Mohammood

B5.Letter to OP seeking loan details by complainant

B6. Loan details.

B7. 7-4-08 letter sent by OP to Ahammad Kabeer.K.M

B8. series (3 in number) Copy of revenue recovery notices.

B9. Copy of Ledger (Personal Ledger-loan No.140101843

 

      Sd/-                                                         Sd/-                                                Sd/-

MEMBER                                                       MEMBER                                           PRESIDENT

Pj/                                                                                Forwarded by Order

 

                                                                        SENIOR SUPERINTENDENT

 


HONORABLE P.P.Shymaladevi, MemberHONORABLE K.T.Sidhiq, PRESIDENTHONORABLE P.Ramadevi, Member