By G. Yadunadhan, President:

            The case of the complainant is that, complainant availed a loan of Rs.14,000/- from the opposite party in a credit card facility agreeing to repay the sum by equated monthly instalments of Rs.700/- for 24 months.  Out of 24 instalments, 22 instalments were paid by cheque drawn by him on the Federal Bank, Nadakkavu Branch at Calicut.  Instalment numbers 14 and 24 were paid by cash.  After the payment of the entire dues opposite party demanded to repay an amount of Rs.21131/68 without any basis.  Complainant is not liable to pay any amount with regard to the above said loan.  Hence complainant is seeking relief against the opposite party to withdraw the claim made by the opposite party and also to pay a compensation of Rs.60,000/- with interest.

            Opposite party after serving notice, entered in appearance and filed the version.  On 29.12.2008, opposite party called absent and set exparte.

            Complainant was examined as PW1.  Complainant filed affidavit and Exts. A1 to A6 were marked on the side of the complainant.

            From the affidavit and Exts. A1 to A6, complainant’s case is proved.  Ext. A1 clearly shows that complainant is not liable to pay any amount to opposite party. 

            Therefore petition is allowed and the opposite party is directed to pay a compensation of Rs.5000/- and a cost of Rs.200/- to the complainant.

            Pronounced in open Court this the 30^th day of December 2008.

                                    Sd/-President                                              Sd/-Member

APPENDIX

Documents exhibited for the complainant:

A1            Photocopy of Amortization Schedule.

A2            Photocopy of lawyer notice dated 22.3.07 along with postal  regd. Receipt and

            acknowledgement card.

A3        Reply dated 3.4.2007 to the Ext. A2 lawyer notice.

A4            Photocopy of lawyer notice dated 21.4.07 along with postal  regd. Receipt and

            acknowledgement card.

A5        Reply dated 25.4.2007 to the Ext. A2 lawyer notice.

A6        Reply dated 17.5.2007 from O.P.

Documents exhibited for the opposite party:

Nil.

Witness examined for the complainant:

PW1            Ratnesh.K./o. Ratnakaran.K. – Complainant.

Witness examined for the opposite party:

None.

-/True copy/-

Sd/-President

(Forwarded/By Order)

Senior Superintendent.