D.O.F:01/02/2020
D.O.O:15/11/2023
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.24/2020
Dated this, the 15th day of November 2023
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT.BEENA.K.G : MEMBER
P. Chathukutty Nair
S/o Late Raman Nair
R/at Arlotty House
P.O. Perumbala – 671317. : Complainant
(Adv: C.H. Vishnu Bhat)
And
1. Regional Manager
Kerala Gramin Bank
Regional Office, Tiger hills
Kasaragod-671121.
2. The Manager
Kerala Gramin Bank
Melparamba Branch
P.O Kalanad – 671317 : Opposite Parties
(Adv: Vijayan Kodoth)
ORDER
SRI.KRISHNAN.K : PRESIDENT
The complaint is filed under section 35 of Consumer Protection Act 2019.
The case of the complainant is that he borrowed a loan from Opposite Party bank on 03/09/2016. He was regularly paying the installment. Last installment due falls on 01/09/2019, since it is a Sunday he went to bank on 02/09/2019, the very next day for repaying and renewing the loan but bank refused to receive the money. He deposited money in SB account, complainant issued registered notice, served on bank; complainant claims one lakh as compensation and cost of the litigation.
2. The Opposite Party filed written version contenting that it is an agricultural loan and a cash credit overdraft facility. The complainant pays the loan amount as per the convenience. He availed the loan one lakh on 03/09/2016, and complainant paid the loan amount 04/10.2017. therefore prompt repay incentive not given to him, because he paid the amount on 04/10/2017, thereafter again he availed the over draft facility from the existing KCC amount on 07/09/2019, complainant remitted the full amount with interest, again the over draft facility availed and there is no reason for this complaint and it is liable to dismiss.
3. The complainant filed chief affidavit and marked Ext A1 and A2 documents. Ext A1 is the registered notice by the complainant to the Opposite Party and Ext A2 is the reply notice. Following points arise for consideration:-
a) Whether there is any deficiency in service from Opposite Party?
b) Whether complainant is entitled for compensation? If so for what reliefs?
The grievance of the complainant is that Opposite Party denied the renewing facility and which caused him heavy monitory loss. The complainant while in box fairly admitted that he paid loan amount only on 07/09/2019. If loan is overdue no subsidy in available.
Dw1 admits that loan is to be renewed on 01/09/2019, 01/09/2019 is a holiday being Sunday. Bank admits complainant came to bank on 02/09/2019. But bank says he has not brought any documents for renewal of cash credit facility on 02/09/2019. So complainant says that repayment is not allowed on 02/09/2019 and loan is not renewed. The Opposite Parties version is that he has not brought any document for renewal of cash credit facility on 02/09/2019. Bank insisted cut off due is on 01/09/2019. Ext A1 is dated 02/09/2019. It is mentioned interest is credited to his SB account since renewal is not accepted. So denial of request for renewal of loan on the next working days when renewal and date of payment comes on holiday it is well within time. Rejection of renewal of loan is serious deficiency in service and negligence in the service of bank. Bank is liable to compensate the complainant for mental agony and financial loss thereof. Complainant claimed Rs. One lakh as compensation for which there is no justification. Commission finds a sum of Rs. 10,000/- is reasonable and just compensation under the nature and circumstance of the case. Complainant is entitled for cost of litigation also.
In the result complaint is allowed in part opposite Party bank is directed to pay a sum of Rs. 10,000/- (Rupees Ten thousand only) as compensation within one month from the date of service of the order. In default Opposite Party is liable to pay interest at 8 % per annum from date of filing complaint till payment thereof to complainant. The Opposite Party is also directed pay Rs. 5000/- (Rupees five thousand only) as cost of litigation within 30 days of the receipt of the order.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits
A1- Copy of the registered notice sent to the Ops.
A2-Reply notice
Witness Examined
Pw1- P.Chathukutty Nair
Dw1- Manu.K.S
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
Ps/
