The Managing Director, M/s. Satna Syndicate Bankers V/S Ramanna Srinivas Rao Hosurkar - Consumer Court Case

Karnataka

Raichur

DCFR 23/07

Ramanna Srinivas Rao Hosurkar - Complainant(s)

Versus

The Managing Director, M/s. Satna Syndicate Bankers - Opp.Party(s)

Sri.V.Sripad

12 Dec 2007

ORDER

DIST. CONSUMER DISPUTES REDRESSAL FORUM
DIST. CONSUMER DISPUTES REDRESSAL FORUM,DC Office Compound, Sath Kacheri
consumer case(CC) No. DCFR 23/07

Ramanna Srinivas Rao Hosurkar						...........Appellant(s)
Vs.
The Managing Director, M/s. Satna Syndicate Bankers						...........Respondent(s)

BEFORE:

Complainant(s)/Appellant(s):

OppositeParty/Respondent(s):

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ORDER

This is a complaint filed U/s. 12 of Consumer Protection Act by the complainant Ramanna Srinivas Rao Hosurkar against the Respondent- Managing Director M/s. Satna Syndicate Bankers, Muktiyarganj Satna-485001 (MP) for deficiency of service. 2. On 02-11-07 the Managing Director of Respondent Bank, in response to service of notice issued through RPAD remained absent when called out. So he has been placed Ex-parte. The complainant in support of his claim has filed his affidavit-evidence and has got marked (10) documents at Ex.P-1 to Ex.P-10. Even during the course of enquiry the Respondent did not appear and contested the case. Hence heard the arguments of the learned counsel for the complainant. 3. The following points arise for our consideration and determination: 1.Whether the complainant proves deficiency in service by the Respondent, as alleged.? 2.Whether the complainant is entitled for the reliefs sought for? 4. Our finding on the above points are as under:- 1.In the affirmative. 2. As per final order for the following. REASONS POINT NO.1:- 5. The case of the complainant in brief is that: The complainant is having petty business of Books & Stationery under the name and style as M/s. Gayatri Enterprises Station Road, Raichur for the last more than two decades. The Respondent is a banker said to be A DUTIFUL BANKER IN A BEATIFUL COUNTRY duly registered with Government of India bearing No. A/6076/90. The Respondent has introduced a scheme called NON REFUNDABLE LOANS Scheme on simple terms and conditions to the needy and financially frustrated persons of the society and to cooperate with the Government in eliminating unemployment problems of the nation and to uplift of their social status. The Non-Refundable loans will be given without considering religion, race, sex & age etc., Under the Non-Refundable Loans Scheme the party should deposit in Fixed Deposit Scheme for a period of 240 months as per the chart given by the Respondent-Bank which will be given compound interest on F.D. at the rate of 10% p.a. The interest so earned will be credited to the F.D. Account on quarterly rests. After 240 months it will automatically yield money equivalent to principal/loan amount. After maturity of F.D. the accumulated amount shall be adjusted towards loan amount. Thus the borrower need not to pay back the principal/loan amount. But the borrower should pay interest over the loan amount on half yearly basis. The Prospect borrower is not required to deposit any amount under the FD Scheme from his/her pocket. The same amount will be deducted from the loan amount. After deducting the same the necessary FDR will be issued in favour of depositor. It should be duly discharged by the depositors at the time of disbursement of loan. Duly discharged FDR will be taken back by the Respondent/Banker under lien towards security against the loan availed. The complainant has applied for sanctioning a loan of Rs. 1,00,000/- on 19th December-2003 by paying Processing Fee of Rs. 1,100/-. The Respondent issued acknowledgement on 1st May-2005 wherein they asked the complainant to remit further amount of Rs. 4,401/- towards Stamp Duty, Agreement & Bank's DD Commission etc., After making correspondence with the Respondent the complainant has sent a DD of State Bank of India bearing No. 453678 dt. 9th November-2005 for Rs. 4,401/-. The Respondent has sent a Letter-Cum- Acknowledgement for it on 25th November-2005 and assured the complainant to finalize the Loan (Proposal No. 10490/2005) by sending a Representative by January-2006. But they failed to keep up the words. The complainant has made so-many efforts FROM PILLAR TO POST since from the date of application for loan and lastly on 27th January-2007 to get the loan amount. But it ended in smoke. The complainant having no alternative remedy has filed this complaint against the Respondent for recovery of Documentation Fees such as Processing Fees, Stamp Duty, Banks DD Commission of Rs. 5,501/- along with damages & compensation of Rs. One Lakh etc., Hence for all these reasons the complainant has sought for directing the Respondent Bank to pay back the Documentation fees such as Processing fees, Stamp duty Banks DDs Commission etc., of Rs. 5,501/- along with damages & compensation of Rs. 1,00,000/- together with interest there on at 18% p.a. from the date of complaint till realization and cost of proceedings. 6. The complainant in his affidavit-evidence has reiterated the contents of his complaint. He has produced (10) documents at Ex.P-1 to Ex.P-10 viz: Ex.P-1 is the Brochure of Respondent/Bank. Ex.P-2 is the Receipt-Cum-Acknowledgement issued by Respondent dt. 01-05-05. Ex.P-3 is another Receipt-Cum-Acknowledgement issued by the Respondent dt. 25-11-05. Ex.P-4 is the Letter of the complainant addressed to Respondent dt. 16-02-06. Ex.P-5 is the Letter of the Respondent addressed to the complainant dt. 03-04-06. Ex.P-6 is the Telegram of the Respondent dt. 07-04-06 to the complainant. Ex.P-7 & Ex.P-8 are the two letters of the complainant addressed to the Respondent dt. 18-04-06 & 24-06-06 respectively. Ex.P-9 is the Telegram of the Respondent dt.16-07-06 to the complainant. Ex.P-10 is the letter of the complainant to the Respondent dt. 27-01-07. Ex.P-10(1) is the RPAD Acknowledgement. 7. Ex.P-1 the Brochure of the Respondent Bank, a perusal of which shows that it has been issued on 31-10-2003 under the nomenclature AVAIL NON REFUNDABLE LOANS. Under sub-head Object it states the object of formulating this scheme is to allow loan facilities on simple terms and conditions Provide financial assistance to the needy and financial frustrated persons of the society and to cooperate with the Government in eliminating unemployment of the nation and to uplift their social status without considering religion, race, sex & age etc., The Sub Head SCHEME AT A GLANCE states that under the Non- Refundable Loans scheme you (Borrower) should deposit in FD Scheme for a period 240 months as per chart given there under. Bankers will give compound interest on FD at 10% p.a. The interest so earned will be credited to FD A/c. on quarterly rests. After 240 months it will automatically yield money equivalent to principal/loan amount. After maturity of FD the accumulated amount shall be adjusted towards loan amount. Thus the borrower need not to pay back the principal/loan amount. But the Borrower should pay interest over the loan amount on half yearly basis. The prospect Borrower is not required to deposit any amount under the FDs scheme from his/her pocket. The same amount will be deducted from the loan amount. After deducting the same, the necessary FDR will be issued in favour of the Depositor. It should be duly discharged by the Depositor at the time of disbursement of loan. Duly discharged FDR will be taken back by the Bankers under lien towards security against the loan availed. 8. Ex.P-2 is the Letter-Cum-Acknowledgement of receipt issued by the Respondent dt. 01-05-05. It is addressed to the complainant acknowledging the receipt of loan Application/Proposal No. 219 dt. 19-12-03 for Rs. 1,00,000/- along with processing fees of Rs. 1,100/-. It also shows that the borrower/complainant should remit on his own accord and interest the legal expenses, worked out as below: 1. Stamp-duty on Money-Bond for the loan of Rs. 1,00,000/- @ 4% = Rs. 4,000=00 2. Stamp-duty for Agreement = Rs. 100=00 3. Bank Draft Commission for Rs. 85,795/- = Rs. 301=00 4. Processing Fee on Loan of Rs. 1,00,000/- = Rs. 1,100=00 --------------------- Total = Rs. 5,501=00 --------------------- Less received from you towards Processing Fee. = Rs. 1,100=00 --------------------- Balance= Rs. 4,401=00 --------------------- 9. Ex.P-3 is another Letter-cum-Acknowledgement of the receipt issued by the complainant dt. 25-11-05 which interalia reads thus:- ----------------------------------------------------------------------------- We acknowledge to have received your Bank Draft for Rs. 4,401/- bearing No. 453678 of S.B.I. dated 09-11-05 towards Stamp-Duty & Bank Commission etc., we will depute our Representative to your place by Jan2006 to finalize your loan case then & three. Sincerely regret for the delay and inconvenience caused to you. It was due to heavy rush of work loan throughout India. We assure you that in future you will have no cause for inconvenience. Your cooperation in the matter is highly solicited. Thanking you. Yours faithfully Sd/- Satna Syndicate Bankers 10. Ex.P-4 is the copy of the letter of the complainant dt. 16-02-06 to the Respondent/Bank for early sanction of the loan or else to send back a draft for Rs. 5,921/- paid by him earlier. Ex.P-5 is the letter of the Respondent dt. 03-04-06 explaining the delay and considering the loan matter. Ex.P-6 is the Telegram dt. 06-04-06 issued by the Respondent to the complainant stating Letter Follows. Ex.P-7 is the copy of the letter of the complainant dt. 18-04-06 asking to return money of Rs. 5,921/- by draft as stated in his earlier Letter dt. 16-02-06 at Ex.P-4. Ex.P-8 is the copy of letter of complainant dt. 24-06-06 for refund of money of Rs. 5,921/-. Ex.P-9 is the Telegram dt. 16-07-06 sent by Respondent to the complainant stating as under:- OUR EXECUTIVE OFFICER REACHING EARLIEST TO FINALIZE LOAN CASE KINDLY EXTEND COOPERATION KEEP READY 40 CHEQUES AND ORIGINAL DOCUMENTS SATNA SYNDICATE BANKERS Ex.P-10 is the copy of the letter of the complainant dt. 27-01-07 sent by RPAD to the Respondent stating deficiency of service in the matter and his decision to file a complaint in the Consumer Court against the Respondent. Ex.P-10(1) is the Postal Acknowledgement of the letter at Ex.P-10 by the Respondent. 11. From a close perusal of the above documents at Ex.P-1 to Ex.P-10 it shows the payment of Rs. 5,501/- by the complainant to Respondent Bank which has been acknowledged by the Respondent vide Ex.P-2 & Ex.P-3. It appears that since there was no response for release of the loan amount, the complainant asked for refund of the said amount through his letter at Ex.P-4 and for which the Respondents admitted delay in disbursement of loan vide letter at Ex.P-5. Even then there was no response which made the complainant to ask for Refund of his amount vide letters at Ex.P-7 & Ex.P-8. Having cautioned by the demand letter of the complainant, it appears the Respondent sent a Telegram vide Ex.P-9 intimating the complainant that Their Executive Officer reaching earliest to finalize loan case and keep ready with Forty Cheques & Original Documents. This Telegram is dt. 16-07-06 which was received by the complainant on 17-07-06. Even after lapse of (10) days of this Telegram since there was no response from the Respondent so, the complainant issued a letter on 27-01-07 vide Ex.P-10 by RPAD asking the Respondent to refund his amount. 12. As argued by the L.C. for the complainant, the Respondent Bank in their letter dt. 03-04-06 at Ex.P-5 have stated that If you (customers) cannot wait upto the stipulated period, kindly intimate us at once without any hesitation, so that your entire amount may be refunded as per the procedure and the complainant having disgusted by the in-active & irresponsible attitude of the Respondent, asked for refund of his deposited amount twice vide letters Ex.P-7 & Ex.P-8 but however the Respondent sent Telegram vide Ex.P-9 but even then there was no response by the Respondent for disbursement of loan and so the complainant issued last letter at Ex.P-10 which was served on the Respondent vide postal acknowledgement at Ex.P-10(1). For this also there was no response by the Respondent/Bank. So all these factors clubbed together go to show deficiency in service by the Respondent Bank and violation of the terms and conditions of the brochure and their own letters & telegram vide Ex.P-1 to Ex.P-10. So we hold that the complainant has proved deficiency in service by the Respondent Bank. Therefore Point No-1 is answered in the affirmative. POINT NO.2:- 13. The complainant has sought for direction to the Respondent for refund of Rs. 5,501/- along with Rs. One Lakh towards damages & compensation together with interest at 18% p.a. from the date of complaint till realization along with cost of the proceedings. So far as refund of Rs. 5,501/-, the complainant is entitled for the same. In so far as the claim of compensation of Rs. One Lakh with interest at 18% p.a. etc., is concerned, it appears that this claim is exorbitant even comparing to the principal amount of Rs. 5,501/- involved in this case. So having regard to the facts & circumstance of the case and the correspondence between the complainant and Respondent in the matter, and in the light of our above discussions, we feel it justified for awarding compensation of Rs. 10,000/- including cost of litigation. ORDER The complaint of the complainant is allowed in part. The Respondent Bank shall refund of Rs. 5,501/- to the complainant along with compensation of Rs. 10,000/- The Respondent Bank shall comply this order within (6) weeks from the date of receipt of copy of this order. Office to furnish certified copy of this order to both the parties forth with (by RPAD if any). (Dictated to the Stenographer, typed, corrected and then pronounced in the open Forum on 12-12-07) Sd/- Sd/- Sd/- Smt.Pratibha Rani Hiremath, Sri. Gururaj Sri. N.H. Savalagi, Member. Member. President, Dist.Forum-Raichur. Dist-Forum-Raichur Dist-Forum-Raichur.

This is a complaint filed U/s. 12 of Consumer Protection Act by the complainant Ramanna Srinivas Rao Hosurkar against the Respondent- Managing Director M/s. Satna Syndicate Bankers, Muktiyarganj Satna-485001 (MP) for deficiency of service. 2. On 02-11-07 the Managing Director of Respondent Bank, in response to service of notice issued through RPAD remained absent when called out. So he has been placed Ex-parte. The complainant in support of his claim has filed his affidavit-evidence and has got marked (10) documents at Ex.P-1 to Ex.P-10. Even during the course of enquiry the Respondent did not appear and contested the case. Hence heard the arguments of the learned counsel for the complainant. 3. The following points arise for our consideration and determination: 1.Whether the complainant proves deficiency in service by the Respondent, as alleged.? 2.Whether the complainant is entitled for the reliefs sought for? 4. Our finding on the above points are as under:- 1.In the affirmative. 2. As per final order for the following. REASONS POINT NO.1:- 5. The case of the complainant in brief is that: The complainant is having petty business of Books & Stationery under the name and style as M/s. Gayatri Enterprises Station Road, Raichur for the last more than two decades. The Respondent is a banker said to be A DUTIFUL BANKER IN A BEATIFUL COUNTRY duly registered with Government of India bearing No. A/6076/90. The Respondent has introduced a scheme called NON REFUNDABLE LOANS Scheme on simple terms and conditions to the needy and financially frustrated persons of the society and to cooperate with the Government in eliminating unemployment problems of the nation and to uplift of their social status. The Non-Refundable loans will be given without considering religion, race, sex & age etc., Under the Non-Refundable Loans Scheme the party should deposit in Fixed Deposit Scheme for a period of 240 months as per the chart given by the Respondent-Bank which will be given compound interest on F.D. at the rate of 10% p.a. The interest so earned will be credited to the F.D. Account on quarterly rests. After 240 months it will automatically yield money equivalent to principal/loan amount. After maturity of F.D. the accumulated amount shall be adjusted towards loan amount. Thus the borrower need not to pay back the principal/loan amount. But the borrower should pay interest over the loan amount on half yearly basis. The Prospect borrower is not required to deposit any amount under the FD Scheme from his/her pocket. The same amount will be deducted from the loan amount. After deducting the same the necessary FDR will be issued in favour of depositor. It should be duly discharged by the depositors at the time of disbursement of loan. Duly discharged FDR will be taken back by the Respondent/Banker under lien towards security against the loan availed. The complainant has applied for sanctioning a loan of Rs. 1,00,000/- on 19th December-2003 by paying Processing Fee of Rs. 1,100/-. The Respondent issued acknowledgement on 1st May-2005 wherein they asked the complainant to remit further amount of Rs. 4,401/- towards Stamp Duty, Agreement & Bank's DD Commission etc., After making correspondence with the Respondent the complainant has sent a DD of State Bank of India bearing No. 453678 dt. 9th November-2005 for Rs. 4,401/-. The Respondent has sent a Letter-Cum- Acknowledgement for it on 25th November-2005 and assured the complainant to finalize the Loan (Proposal No. 10490/2005) by sending a Representative by January-2006. But they failed to keep up the words. The complainant has made so-many efforts FROM PILLAR TO POST since from the date of application for loan and lastly on 27th January-2007 to get the loan amount. But it ended in smoke. The complainant having no alternative remedy has filed this complaint against the Respondent for recovery of Documentation Fees such as Processing Fees, Stamp Duty, Banks DD Commission of Rs. 5,501/- along with damages & compensation of Rs. One Lakh etc., Hence for all these reasons the complainant has sought for directing the Respondent Bank to pay back the Documentation fees such as Processing fees, Stamp duty Banks DDs Commission etc., of Rs. 5,501/- along with damages & compensation of Rs. 1,00,000/- together with interest there on at 18% p.a. from the date of complaint till realization and cost of proceedings. 6. The complainant in his affidavit-evidence has reiterated the contents of his complaint. He has produced (10) documents at Ex.P-1 to Ex.P-10 viz: Ex.P-1 is the Brochure of Respondent/Bank. Ex.P-2 is the Receipt-Cum-Acknowledgement issued by Respondent dt. 01-05-05. Ex.P-3 is another Receipt-Cum-Acknowledgement issued by the Respondent dt. 25-11-05. Ex.P-4 is the Letter of the complainant addressed to Respondent dt. 16-02-06. Ex.P-5 is the Letter of the Respondent addressed to the complainant dt. 03-04-06. Ex.P-6 is the Telegram of the Respondent dt. 07-04-06 to the complainant. Ex.P-7 & Ex.P-8 are the two letters of the complainant addressed to the Respondent dt. 18-04-06 & 24-06-06 respectively. Ex.P-9 is the Telegram of the Respondent dt.16-07-06 to the complainant. Ex.P-10 is the letter of the complainant to the Respondent dt. 27-01-07. Ex.P-10(1) is the RPAD Acknowledgement. 7. Ex.P-1 the Brochure of the Respondent Bank, a perusal of which shows that it has been issued on 31-10-2003 under the nomenclature AVAIL NON REFUNDABLE LOANS. Under sub-head Object it states the object of formulating this scheme is to allow loan facilities on simple terms and conditions Provide financial assistance to the needy and financial frustrated persons of the society and to cooperate with the Government in eliminating unemployment of the nation and to uplift their social status without considering religion, race, sex & age etc., The Sub Head SCHEME AT A GLANCE states that under the Non- Refundable Loans scheme you (Borrower) should deposit in FD Scheme for a period 240 months as per chart given there under. Bankers will give compound interest on FD at 10% p.a. The interest so earned will be credited to FD A/c. on quarterly rests. After 240 months it will automatically yield money equivalent to principal/loan amount. After maturity of FD the accumulated amount shall be adjusted towards loan amount. Thus the borrower need not to pay back the principal/loan amount. But the Borrower should pay interest over the loan amount on half yearly basis. The prospect Borrower is not required to deposit any amount under the FDs scheme from his/her pocket. The same amount will be deducted from the loan amount. After deducting the same, the necessary FDR will be issued in favour of the Depositor. It should be duly discharged by the Depositor at the time of disbursement of loan. Duly discharged FDR will be taken back by the Bankers under lien towards security against the loan availed. 8. Ex.P-2 is the Letter-Cum-Acknowledgement of receipt issued by the Respondent dt. 01-05-05. It is addressed to the complainant acknowledging the receipt of loan Application/Proposal No. 219 dt. 19-12-03 for Rs. 1,00,000/- along with processing fees of Rs. 1,100/-. It also shows that the borrower/complainant should remit on his own accord and interest the legal expenses, worked out as below: 1. Stamp-duty on Money-Bond for the loan of Rs. 1,00,000/- @ 4% = Rs. 4,000=00 2. Stamp-duty for Agreement = Rs. 100=00 3. Bank Draft Commission for Rs. 85,795/- = Rs. 301=00 4. Processing Fee on Loan of Rs. 1,00,000/- = Rs. 1,100=00 --------------------- Total = Rs. 5,501=00 --------------------- Less received from you towards Processing Fee. = Rs. 1,100=00 --------------------- Balance= Rs. 4,401=00 --------------------- 9. Ex.P-3 is another Letter-cum-Acknowledgement of the receipt issued by the complainant dt. 25-11-05 which interalia reads thus:- ----------------------------------------------------------------------------- We acknowledge to have received your Bank Draft for Rs. 4,401/- bearing No. 453678 of S.B.I. dated 09-11-05 towards Stamp-Duty & Bank Commission etc., we will depute our Representative to your place by Jan2006 to finalize your loan case then & three. Sincerely regret for the delay and inconvenience caused to you. It was due to heavy rush of work loan throughout India. We assure you that in future you will have no cause for inconvenience. Your cooperation in the matter is highly solicited. Thanking you. Yours faithfully Sd/- Satna Syndicate Bankers 10. Ex.P-4 is the copy of the letter of the complainant dt. 16-02-06 to the Respondent/Bank for early sanction of the loan or else to send back a draft for Rs. 5,921/- paid by him earlier. Ex.P-5 is the letter of the Respondent dt. 03-04-06 explaining the delay and considering the loan matter. Ex.P-6 is the Telegram dt. 06-04-06 issued by the Respondent to the complainant stating Letter Follows. Ex.P-7 is the copy of the letter of the complainant dt. 18-04-06 asking to return money of Rs. 5,921/- by draft as stated in his earlier Letter dt. 16-02-06 at Ex.P-4. Ex.P-8 is the copy of letter of complainant dt. 24-06-06 for refund of money of Rs. 5,921/-. Ex.P-9 is the Telegram dt. 16-07-06 sent by Respondent to the complainant stating as under:- OUR EXECUTIVE OFFICER REACHING EARLIEST TO FINALIZE LOAN CASE KINDLY EXTEND COOPERATION KEEP READY 40 CHEQUES AND ORIGINAL DOCUMENTS SATNA SYNDICATE BANKERS Ex.P-10 is the copy of the letter of the complainant dt. 27-01-07 sent by RPAD to the Respondent stating deficiency of service in the matter and his decision to file a complaint in the Consumer Court against the Respondent. Ex.P-10(1) is the Postal Acknowledgement of the letter at Ex.P-10 by the Respondent. 11. From a close perusal of the above documents at Ex.P-1 to Ex.P-10 it shows the payment of Rs. 5,501/- by the complainant to Respondent Bank which has been acknowledged by the Respondent vide Ex.P-2 & Ex.P-3. It appears that since there was no response for release of the loan amount, the complainant asked for refund of the said amount through his letter at Ex.P-4 and for which the Respondents admitted delay in disbursement of loan vide letter at Ex.P-5. Even then there was no response which made the complainant to ask for Refund of his amount vide letters at Ex.P-7 & Ex.P-8. Having cautioned by the demand letter of the complainant, it appears the Respondent sent a Telegram vide Ex.P-9 intimating the complainant that Their Executive Officer reaching earliest to finalize loan case and keep ready with Forty Cheques & Original Documents. This Telegram is dt. 16-07-06 which was received by the complainant on 17-07-06. Even after lapse of (10) days of this Telegram since there was no response from the Respondent so, the complainant issued a letter on 27-01-07 vide Ex.P-10 by RPAD asking the Respondent to refund his amount. 12. As argued by the L.C. for the complainant, the Respondent Bank in their letter dt. 03-04-06 at Ex.P-5 have stated that If you (customers) cannot wait upto the stipulated period, kindly intimate us at once without any hesitation, so that your entire amount may be refunded as per the procedure and the complainant having disgusted by the in-active & irresponsible attitude of the Respondent, asked for refund of his deposited amount twice vide letters Ex.P-7 & Ex.P-8 but however the Respondent sent Telegram vide Ex.P-9 but even then there was no response by the Respondent for disbursement of loan and so the complainant issued last letter at Ex.P-10 which was served on the Respondent vide postal acknowledgement at Ex.P-10(1). For this also there was no response by the Respondent/Bank. So all these factors clubbed together go to show deficiency in service by the Respondent Bank and violation of the terms and conditions of the brochure and their own letters & telegram vide Ex.P-1 to Ex.P-10. So we hold that the complainant has proved deficiency in service by the Respondent Bank. Therefore Point No-1 is answered in the affirmative. POINT NO.2:- 13. The complainant has sought for direction to the Respondent for refund of Rs. 5,501/- along with Rs. One Lakh towards damages & compensation together with interest at 18% p.a. from the date of complaint till realization along with cost of the proceedings. So far as refund of Rs. 5,501/-, the complainant is entitled for the same. In so far as the claim of compensation of Rs. One Lakh with interest at 18% p.a. etc., is concerned, it appears that this claim is exorbitant even comparing to the principal amount of Rs. 5,501/- involved in this case. So having regard to the facts & circumstance of the case and the correspondence between the complainant and Respondent in the matter, and in the light of our above discussions, we feel it justified for awarding compensation of Rs. 10,000/- including cost of litigation. ORDER The complaint of the complainant is allowed in part. The Respondent Bank shall refund of Rs. 5,501/- to the complainant along with compensation of Rs. 10,000/- The Respondent Bank shall comply this order within (6) weeks from the date of receipt of copy of this order. Office to furnish certified copy of this order to both the parties forth with (by RPAD if any). (Dictated to the Stenographer, typed, corrected and then pronounced in the open Forum on 12-12-07) Sd/- Sd/- Sd/- Smt.Pratibha Rani Hiremath, Sri. Gururaj Sri. N.H. Savalagi, Member. Member. President, Dist.Forum-Raichur. Dist-Forum-Raichur Dist-Forum-Raichur.