O R D E R R.Vijayakumar, Member. This is a complaint filed Under Section 12 of the Consumer Protection Act. The complainant’s case is that the opposite parties illegally deducted Rs.297.57 from the amount due to complainant. (2) The complainant availed a loan bearing A/c.No.91325401 from Centurion Bank which was later amalgamated with HDFC Bank Limited. As per loan agreement, the complainant was liable to pay the loan amount along with agreed interest in 24 equal monthly installments at the rate of Rs.1614 per month from April 2007 to March 2009. The complainant issued 24 post dated cheques drawn from his account maintaining with Kundara Branch of Syndicate Bank. The cheques were presented to the complainant on each calendar month and collected the amount. But on 16.07.2007 and on 10.10.2008 two cheques bearing nos.612919 and 371745 were dishonored due to insufficiency of funds. On discussion, the complainant agreed to clear the liability including further two installments on assurance that the opposite parties will return the cheques for the remaining two installments along with original of Registration Certificate and necessary documents for lifting the endorsement of hypothecation . As per statement of accounts issued by opposite parties, the complainant paid an amount of Rs.7356/- including two further installments, amount covered by two dishonored cheques and Rs.450/- for each cheque as bouncing charges. Violating the assurance the opposite parties send no objection certificate alone without the said two cheques. The complainant contacted the opposite parties but they have not cared to redress his grievance. On verification the complainant came to know that the said two cheques were encashed by the opposite parties. The complainant, as per the direction of II opposite party approached I opposite party along with all documents and receipts. But they have not cared to return the illegally collected amount, but harassed him in the presence of other customers. (3) The opposite parties have no right or authority to present the above two cheques bearing nos.371749 and 371750 or to collect the amount as the loan account was already closed on 12.01.09 paying the entire outstanding amounts along with Rs.900/- as cheque bouncing charges. The complainant sent an Advocate notice on 30.06.09 demanding the illegally collected amount Rs.3228. Later on 22.07.2009 complainant received a registered notice from first opposite party along with two cheques, bearing no.510615 for an amount of Rs.1614/- and bearing no.510735 for an amount of Rs.1316.43. Totally they have sent cheques for an amount of Rs.2930.43 instead of Rs.3228. No explanation given in the covering letter about the deduction. The above said act of opposite party amounts to deficiency in service and unfair trade practice from the part of opposite party. Hence the complaint is filed for getting the illegally collected amount Rs.297.57 compensation Rs.100000 and cost Rs.25000/-. Even though sufficient opportunities had been given, the opposite parties remained absent. Hence set exparte. The complainant filed affidavit. PW1 examined. Exhibits P1 to P9 marked. (4) The points that would arise for consideration are: 1. Whether there is any deficiency in service on the part of opposite party. 2. Compensation and cost. Points (1) and (2) As the opposite parties remained absent, we are constrained to relay upon the evidence adduced by the complainant. We have perused the documents in detail. We are of the view that there is deficiency in service on the part of opposite parties. The points found accordingly. In the result the complaint is allowed directing the opposite parties to pay Rs.297.57 along with an interest at the rate of 12% from 02.07.09 till the date of payment. The opposite parties are also directed to pay compensation Rs.5000/- and cost Rs.1000/-. The order is to be complied with within one month of the date of receipt of the order. Dated this the 20th May 2010. K.Vijayakumaran : Sd/- Adv.Ravi Susha : Sd/- R.Vijayakumar : Sd/- / / Forwarded by Order / / Senior Superintendent (5) INDEX List of witness for the complainant: PW1 - Anil.T List of documents for complainant: P1 - Receipt dated: 12.01.09. P2 - Copy of Registration Certificate P3 - Copy of no objection certificate P4 - Office copy of advocate notice. P5 - Acknowledgment card P6 - Postal Receipt P7 - Photocopy of cheque issued by opposite party. P8 - Photocopy of second cheque. P9 - Letter dtd : 17.07.09. | 
