`DISTRICT CONSUMER DISPUTES REDRESSAL FORUM  PALAKKAD

Dated this the 25^th day of March 2019

Present   : Smt.Shiny.P.R. President

                 : Sri.V.P.Anantha Narayanan, Member     Date of filing:  20/07/2017

CC/107/2017

P.Yusuf,

S/o.Hamsakutty,

Pallath Veed,                                                                           -  Complainant

Mappattukara,

Kulukkallur,

Palakkad.

(By Adv.V.Swapnalatha)

Vs

1.  The Secretary,

      Vallappuzha Service Co-operative Bank,

      Vallappuzha, Nellaya, Palakkad.

2.  The Manager,                                                                    -  Opposite parties

      Vallappuzha Service Co-operative Bank,

      Vallappuzha, Nellaya, Palakkad.

(By Advs.T.Ramanunni & K.Dhananjayan)

                                                            O R D E R

By Sri.V.P.Anantha Narayanan, Member

Brief Facts of the complaint are explained below. 

Complainant has taken a loan from the opposite party bank on 3^rd February, 2016 for Rs.2,49,900/- (Rupees two lakh forty nine thousand nine hundred only), which loan is numbered as 1262.  According to the complainant the said loan was interest free and for a ten month period.  The date to renew the loan was December 2016.  In 2016 December to repay the loan, complainant went to the opposite party bank and he was told by the opposite party bank staff that during the demonetization time, no repayment was occurring and for repaying the loan amount there was time upto March 2017 and upto that time interest would not be charged and only on that basis complainant did not repay the loan amount on that day itself.  After that in March 2017 to repay the agricultural loan complainant approached the opposite party bank, when he was told by the opposite party bank officials that interest would be charged on the loan and only if Rs.2,71,755/- (Rupees two lakh seventy one thousand seven hundred and fifty five only) including interest is paid loan account could be closed; also if loan amount is not repaid, legal steps would be taken against the complainant – These were informed to the complainant by the opposite party bank.  Therefore on 31/03/2017 complainant repaid Rs.2,71,755/- (Rupees two lakh seventy one thousand seven hundred and fifty five only)  including interest and closed the loan account.  Complainant also pleads that, although complainant was ready to repay the loan in December 2016 itself because of instruction by the opposite party bank, loan was not repaid.  That upto 2017 March 31 loan can be repaid without interest, instruction was given by the opposite party bank to him and only because of that complainant did not repay the loan amount on that date (December 2016).  Hence, he pleads that the opposite party bank has no power to charge interest on the loan amount.  Complainant also argues that the act of the opposite parties amounts to deficiency in service and unfair trade practice and as a result he has suffered financial loss and mental agony and therefore the opposite parties are liable to pay him the interest recovered from him and Rs.50,000/- (Rupees fifty thousand only) as compensation for mental agony suffered.  Showing the above facts complainant caused to send a lawyer notice to the opposite parties on 18/05/2017 to which a reply notice dated.30/05/2017 was sent by the opposite parties to the complainant and those mentioned in the reply notice were false and misguiding, as pleaded by the complainant.  Hence, complainant prays to this Forum to order the opposite parties to refund to the complainant unautherisedly recovered amount of Rs.20,255/- (Rupees twenty thousand two hundred and fifty five only) with interest, to give him a compensation of Rs.50,000/- (Rupees fifty thousand only) for mental agony suffered by him, to pay to the complainant all costs of this litigation and other reliefs which this Forum considers fit to give. 

The complaint was admitted and notices were issued to the opposite parties to enter appearance and file their versions.  In his version filed, the 1^st opposite party contends that the above complaint is made without good faith and hence does not stand legally.  This opposite party denies all the statements of the complainant in his complaint except that complainant took a loan from the opposite party bank which has number 1262 and dated.03/02/2016 and which amounted to Rs.2,40,000/- (Rupees two lakh forty thousand only), but the statement that the said loan was interest free is not correct but agrees that the loan period was 10 months.  The statements in the 3^rd para of the complainant that in Dec 2016 to repay the loan complainant came to the opposite party bank and he was told by the opposite party bank officials that as part of demonetization no loan repayment was taking place and there was time for loan repayment upto the end of March2 017, upto which date no interest would be charged and only on that basis complainant did not repay the loan amount on that date, are denied by this opposite party as incorrect and without any basis.  According to this opposite party the last date of repayment of loan was 03/12/2016 and before 10 days complainant was informed about the date of repayment of loan but on the due date (03/12/2016) complainant came to the opposite party bank and telling that during to the time of demonetization no amount was available with him for loan repayment, two more months time was granted by the Government which was read by him in the news paper, complainant returned.  According to this opposite party no one from the opposite party bank told him that at this time loan cannot be repaid and from those coming for repayment of loan without receiving money from them they could not be returned.  This opposite party further contends that complainant again came to the bank on 03/02/2017 with a cheque of Rs.2,70,000/- (Rupees two lakh seventy thousand only) of Elamkulam Service Co-operative Bank, and also asked the opposite party bank to collect the cheque and repay the loan and demanded the amount, before collecting this cheque on 18/02/2017, if complainant’s cheque amount comes towards loan amount this amount need not be paid, in complainants SB account this amount may be credited and returned to the complainant, the complainant loanee telling that before March 31^st along with interest loan shall be repaid; complainant received the amount and then went away.  Nobody form the opposite party bank told the complainant that there was time upto March 31, 2017 and since upto March 31, 2017 for loan repayment complainant did not come to opposite party bank, as part of loan recovery on 31/03/2017 morning loan recovery was demanded and on that date itself complainant repaid the loan, as contended by this opposite party.  The amount repaid was Rs.2,70,139/- (Rupees two lakh seventy thousand one hundred and thirty nine only) which included principal amount of Rs.2,49,900/-(Rupees two lakh forty nine thousand nine hundred), interest of Rs.20,225/- (Rupees twenty thousand two hundred and twenty five only), notice charge of Rs.12/- (Rupees twelve only) and tax of Rs.2/- (Rupees two only).  This opposite party also contends that complainant was also allowed interest deduction.  If loan is repaid before 31/03/2017 no interest would be charged – this was not told by anybody from the opposite party bank to the complainant, contended by this opposite party.  To the complainant in the opposite party bank except KCC Loan no transactions are there.  Then for the year 2017-18 new K.C.C loan was passed and on 10/04/2017, 60% loan amount of Rs.1,49,900/- /-(Rupees One lakh forty nine thousand nine hundred only) was received by the complainant.  Opposite parties contend that their act does not amount to deficiency in service and unfair trade practice and because of it complainant has not suffered any financial loss and mental agony.  Opposite parties have not unauthorisedly recovered any amount from the complainant.  To the complainant no compensation is payable and therefore opposite parties are not liable to pay anything to the complainant.  To the notice sent by the complainant reply was sent to him stating all true facts and there is no basis for the complainant to get Rs.50,000/- (Rupees fifty thousand only) as compensation.  Hence, this opposite parties prays to this Hon’ble Forum to dismiss this complaint. 

In the version filed by the 2^nd opposite party he contends that since the complainant has no dealings with Vallappuzha Branch of Vallappuzha Service Co-operative bank and the complainant has dealings in Kulukkallur Branch, of Vallappuzha Service Co-operative bank, to cause difficulties to him purposefully as 2^nd opposite party he was impleaded.  Hence, this opposite party contends that he is an unnecessary party and therefore he may be removed from the list of the opposite parties for which an order is prayed to this Hon’ble Forum. 

Complainant filed chief affidavit.  Opposite party filed IA/20/2018 to cross examine the complainant.  The complainant was cross examined  as PW1 and Exts.A1 to A3 were marked from his side except Ext.A2 which was marked in series.  Exts.B1 to B4 were marked from the side of the opposite parties except Ext.B4 which was marked in series and subject to proof.  Both parties were heard. 

The following issues arise in this case for consideration by this Forum. 

1. Whether the 2^nd opposite party was wrongly impleaded as an opposite party in this case?
2. Whether there is any deficiency and unfair trade practice on the part of opposite parties ?
3. If so, the relief and cost which the complainant is entitled for?

Issue 1

From the deposition of the complainant as PW1 on 18.04.2018 before this Forum it is clear that 2^nd opposite party was wrongly impleaded as the opposite party in this case.  Hence his contention that he is an unnecessary party in this case is upheld and the 1^st issue is answered accordingly.  In this connection the relevant extracts of complainant’s deposition before this Forum on 18.04.2018 is also to be noted “Rm³ H.]n _m¦nsâ Ipep¡ÃqÀ imJbn \n¶mWv tem¬ FSp¯Xv.  B {_m©nse amt\PcpsS ssIbn \n¶mWv F\n¡v \jvSw Int«­Xv.  Ft¶mSv Ipep¡ÃqÀ {_m©nse amt\PÀ sN¡vambn AS¡m³ t]mbt¸mÄ, Ct¸mÄ kwJyIsfm¶pw FSp¡p¶nÃ. CâdÌv H¶pw hcnÃ. amÀ¨v 31 hsc kabw D­v F¶v ]dªp“. 

Issues 2 & 3 in detail. 

In order to support his pleas the complainant has produced Exts.A1 to A3.  Ext.A1 is a K.C.C loan receipt number : A 5950 dated.31.03.2017 for Rs.1,616/- (Rupees one thousand six hundred and sixteen only) given by the opposite party bank to the complainant.  Ext.A2 series show lawyer notice sent by the complainant’s counsel to the 1^st opposite party bank along with A/D cards addressed to 1^st & 2^nd opposite parties and postal receipts of sending lawyer notices by registered post with A/d to the 1^st and 2^nd opposite parties.  This notice also shows demand of refund of interest charged from the complainant and asks for payment of compensation of Rs.50,000/- (Rupees fifty thousand only) for mental agony suffered by the complainant.  Ext.A3 is a reply to the lawyer notice sent by the counsel of the 2^nd opposite party which states that since the complainant did not come to the opposite party bank for repayment of loan upto 31^st March 2017, as part of loan recovery the opposite party bank on 31/03/2017 demanded repayment of loan and the loan was repaid with interest, totally Rs.2,70,139/- (Rupees two lakh seventy thousand one hundred and thirty nine only) was repaid.  To support their contentions Ext.B1 series, Ext.B2, Ext.B3 and Ext.B4 series are produced by the opposite parties.  Ext.B1 series is letter dated.03/04/2016 sent by the complainant to the opposite parties enclosing “PmayISw hmbv]m[mcw“, “Icmdp ]{Xw” “Receipt numbers 7422264, 7422265, 8232322, 8232323, 8232320, 8232319”, Possession Certificate 14/01/2010, Possession Certificate dated.14/01/2016, copy of identity card of the complainant, “Kisan Credit card”, and ” Karshika Vilavu Vaypa Harji”.  Ext.B2 series are “Kisan Credit card” (“Karshika Vilavu Vaypa Harji, Kararu patram, a copy of loan ledger”).  Ext.B3 is savings bank account withdrawal slip dated. 25/02/2017 in respect of SB account number 3702 for Rs.2,70,000/- (Rupees two lakh seventy thousand only).  Ext.B4 series is email sent by Vallapuzha Service Co-operative Bank to the Branch Manager, Kulukkallur Branch transferring Rs.2,00,000/-  (Rupees two lakh only) to P.Yusaf (complainant) enclosing blank cheque etc.. which is marked in series and subject to proof.

From the affidavits and documentary evidences produced by both the complainant and opposite parties we observe that the complainant has availed from the opposite party bank on 03/02/2016 loan number 1262 for Rs.2,49,900/-(Rupees two lakh forty nine thousand nine hundred only), the period of loan was ten months and the loan is to be renewed in December 2016, all of which were admitted by the opposite parties; but the opposite parties disagree to the complainant’s statement that the said loan was interest free.  We also observe that the major allegation of the complainant against the opposite parties is that the opposite party bank has charged interest from him and including interest he has had to pay Rs.2,71,755/-(Rupees two lakh seventy one thousand seven hundred and fifty five only) to the opposite party bank to close his loan account in March 2017 which amounts to committing of deficiency in service and unfair trade practice by the opposite party bank.  We also observe that the opposite party bank has given Rs.1,616/- (Rupees one thousand six hundred sixteen only) to the complainant by way of concession in the interest rate (Which is clear from Ext.A1). It is also observed that as per Ext.B1 series complainant took a loan from the opposite party bank for Rs.2,49,900/- (Rupees two lakh forty nine thousand nine hundred only)  on February 3^rd 2016 at fifty eight paisa interest per month per Rs.100/- which proves that the loan taken by the complainant is not interest free but with interest.  Also in “Jyama kadam Vaypadaram” marked as Ext.B2 series, on April 10, 2017 complainant took a loan for Rs.2,49,900/- (Rupees two lakh forty nine thousand nine hundred only)   which carries interest @ 58 paisa per 100/- per month which also proves that the agricultural loan given by the opposite party bank is not interest free but it carries interest.  Hence, we view that we don’t find any deficiency in service and unfair trade practice have been committed by the opposite party bank; further the opposite party bank has given to the complainant a concession of Rs.1,616/- (Rupees one thousand six hundred and sixteen only) in the interest rate which is evident from Ext.A1.

Under the above circumstances, we view that complainant cannot prove any deficiency in service and unfair trade practice against the opposite parties.  The result is that complaint is dismissed.

            Pronounced in the open court on this the 25^th day of March, 2019.

  Sd/-             

                   Shiny.P.R

                   President

                      Sd/-         

    V.P.Anantha Narayanan

                  Member

Appendix

Exhibits marked on the side of complainant

Ext.A1     -  Original KCC Loan Receipt No.A-5950 dated.31/03/2017 issued by

                   Kulukkallur Branch of Vallappuzha Service Co-operative Bank to the

                   complainant

Ext.A2 series         -  Photocopy of lawyer notice dated.18.05.2017 sent by complainant’s

                                 counsel to  Opposite parties along with original postal receipts and

                                   acknowledgment cards

Ext.A3     -  Registered reply notice sent by 2^nd opposite party counsel to complainant’s

                   Counsel,  dated.30.05.2017

Exhibits marked on the side of Opposite parties

Ext.B1 series         -  Letter dated.03.04.2016 sent by the complainant to the 1^st opposite

                                   party along with enclosures

Ext.B2 series         - ImÀjnI hnfhv hmbv]m lcPn (Inkm³ s{IUnäv ImÀUv) along with

                                  enclosures

Ext.B3     -  Savings Bank Account Withdrawal Slip dated.25.02.2017 in respect of SB

                   Account Number 3702 for Rs.2,70,000/- given by the complainant

Ext.B4 series         - email sent by Vallapuzha Service Co-operative Bank to the Branch

                                  Manager, Kulukkallur Branch transferring Rs.2,00,000/- to P.Yusaf

                                  (complainant) enclosing blank cheque etc.. (Marked subject to proof)

Witness examined on the side of complainant

PW1       -  P.Yusuf

Witness examined on the side of opposite parties

Nil

Cost

                Nil