CONSUMER DISPUTES REDRESSAL FORUM,PALAKKAD
Dated this the 20th September, 2016
PRESENT : SMT. SHINY.P.R, PRESIDENT
: SMT. SUMA. K.P, MEMBER Date of filing : 13/8/2015
: SRI. V.P.ANANTHA NARAYANAN , MEMBER
CC /110/2015
T.M.Siddique, S/o.Moidhu,
T.P.M.Nivas, Pazhaniyarpalayam P.O, : Complainant
Kozhinjampara, Chittur Taluk,
Palakkad District.
(By Adv.John John)
Vs
1. The Manager, : Opposite parties
Canara Bank, Head Office,
No.112, JC Road, Bangalaore,
Karnataka 560002
(By Adv.G.Ananthakrishnan & K.B.Priya)
2. The Manager,
Canara Bank Pudussery Branch,
O.K.Dhamu Memorial Building,
Opp.ITI.P.B.No.3, Pudussery,
Kanjikkode, Palakkad Taluk,
Palakkad District.
(By Adv.G.Ananthakrishnan & K.B.Priya)
O R D E R
By Smt. Suma. K.P, Member,
The complainant is a totally blind person and is working as helper in ITI , Palakkad. On 9/10/2013 the complainant availed a housing loan from the opposite parties for an amount of Rs.1,86,456/- as per account number 1167619000518. As per the terms of the repayment, the complainant has to pay an amount of Rs.1,690/- per month towards above said loan account, and the monthly repayment will be debited from the salary of the complainant through his employer ITI , Palakkad. The complainant handed over his original sale deed, back documents, possession certificate and tax receipts of his own property having an extent of only 5 cents. The complainant started repayment of the monthly installments as agreed without any fail. The entire amount was repaid and cleared on 11/11/2013. After the agreed period, ITI limited, stopped deducting the monthly repayment from the salary of the complainant and crediting it to the opposite parties. After clearing the entire liability, the complainant contacted the 2nd opposite party and requested to hand over the documents which was handed over to the 2nd opposite party, at the time of availing the loan as security. The opposite parties informed the complainant that the documents are misplaced and will hand it over as and when traced out. Subsequently on several occasion the complainant contacted and requested to the 2nd opposite party to hand over the above documents but the 2nd opposite party sought more and more time. Since the document was not handed over till date the complainant is not in a position to sell his property. The said documents are illegally withheld by the opposite parties. The complainant submits that the above act of the opposite parties amounts to deficiency in service and unfair trade practice. The complainant issued a lawyer notice on 26/6/2015 calling upon the 2nd opposite party to return the documents but the 2nd opposite party sent a reply stating false and untenable contentions. Hence the complainant had approached before this forum seeking an order directing the opposite parties to return the documents and also to pay an amount of Rs.1 lakh as compensation with 12% interest till realization and cost of this proceedings.
Notice was issued to the opposite parties for appearance. Opposite parties entered appearance and filed version contending the following. The complainant had availed a housing loan on 09/10/2003 on executing necessary documents and by mortgaging properties covered by sale deed number 3128/19914, SRO Olavakkode. As per the housing loan agreement executed by him the complainant was liable to repay the amount in 120 installments of Rs.2,410/- each which was calculated at the then prevailing interest rate. As floating interest was chosen by him, the interest rates had varied on different occasion there by the amount payable as interest has also varied on several occasions. The complainant has been paying only Rs.1,690/- per month as installments and hence there is a balance of Rs.2,15,131/- due as on 6/9/2015 in his loan account. Therefore he has not repaid the entire amount as he was paying the amounts @ Rs.1,690/- only. The complainant had not contacted the bank at any time and the original documents are available with the bank. There was no occasion to state that the said documents are not traceable at the branch. Instead of repaying the amount due under the loan account he has filed the present complaint stating untrue facts. Inspite of repeated demands and contacts he has failed to repay the balance outstanding amount in the loan account. If the complainant repays the amount due under the loan account and close the account, the bank is ready and willing to hand over the documents deposited by him. The alleged dispute is not a consumer dispute and relationship between the complainant and the opposite party is that of a debtor and creditor which is not extinguished and hence the complaint is not maintainable. The complainant is not entitled for any reliefs prayed for and is not entitled for any damages and hence complaint had to be dismissed.
Complainant and opposite parties filed their respective chief affidavits. Ext.A1 and A2 was marked from the part of the complainant and Ext.B1series (a-d) was marked from the part of the opposite parties. Evidence was closed and the matter was heard.
The following issues are to be considered.
- Whether there is any deficiency of service on the part of the opposite parties?
- If so, what are the reliefs and cost?
ISSUES 1 & 2
We had perused the documents as well as affidavits filed by both parties. It is evident from Ext.A2 that opposite parties had intimated the complainant that there is an outstanding balance i.e.Rs.2,15,531/- due to the complainant. From Ext.B1 series it is viewed that opposite parties had taken steps for the recovery of the above amount. Admittedly the complainant had stopped payment towards the loan on 11/11/2013 as agreed as per the loan agreement. The loan was provided on 09/10/2003 agreeing to repay the same in 120 equalized monthly installments. The amount of EMI was fixed by the opposite parties as Rs.1,690/- on the date of sanctioning of the loan. The opposite parties submits that as floating interest was chosen by him, the interest rates had varied on different occasions thereby the amount payable as interest has also varied on several occasions. But the opposite parties had never intimated either the complainant or his employer about the variation of interest during the repayment period. The opposite parties ought to have intimated either the employer or the complainant about the variation of interest and to deduct amount @ Rs.2,410/- as EMI. There is no evidence to the effect that the opposite party had intimated the complainant or his employer about this fact. As per Sec.6 of Consumer Protection Act it is the right of the consumer to be informed about the quality, quantity, potency, purity, standard and price of goods or services. As the case may be, so as to protect the consumer against unfair trade practices’ Without doing so opposite parties had committed deficiency of service and unfair trade practice thereby causing financial loss and mental agony to the complainant.
Hence the complaint is allowed, and we direct the opposite parties jointly and severally to pay Rs.10,000/- (Rupees Ten thousand only) as compensation for the mental agony suffered by the complainant along with Rs.2,000/- (Rupees Two thousand only) as cost. Since the document is produced before Munsiff Court by the opposite parties, the document shall be returned subject to the result of the litigation before the Civil Court. The afore said amount shall also be paid within 1 month from the date of receipt of this order failing which the complainant is entitled to get 9% interest for the said amount from the date of order till realization.
Pronounced in the open court on this the 20th day of September, 2016.
Sd/-
Shiny.P.R
President
Sd/- Suma. K.P
Member
Sd/-
V.P. Anantha Narayanan
Member
A P P E N D I X
Exhibits marked on the side of complainant
Ext.A1 –Lawyer notice dtd.26/06/2015 and postal receipt and A/D card (Original)
Ext.A2– Reply notice dtd.13/7/2015
Witness marked on the side of complainant
Nil
Exhibits marked on the side of opposite party
Ext.B1series - Certified copy of plaint of O.S.880/15 and connected documents
Ext.B1(a) – Photocopy of Specimen Signature Card for Borrowal Accounts dtd.09/10/2013
Ext.B1(b) – Photocopy of Statement of A/c for General Advances for the period 01/1/2001 – 07/11/2015
Ext.B1 ( c) - Photocopy of loan payment terms and conditions dtd.9/10/2003
B1(d) – Photocopy of Housing loan agreement dtd.09/10/2003
Witness examined on the side of opposite party
Nil
Cost Allowed
Rupees 2,000/- as cost.
