DATE OF FILING : 16.2.2010.

BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 29^th day of June, 2010

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.SHEELA JACOB MEMBER

SMT.BINDU SOMAN MEMBER

C.C No.49/2010

Between

Complainant : Shri. Mohanan P.N.,

Pulickaledath House,

Mammattikkanam P.O.,

Rajakkadu,

Idukki District.

(By Adv: Fenil Jose)

And

Opposite Parties : 1. The Special Sale Officer,

The Idukki District Co-operative Bank Ltd.,

Rajakkadu Branch,

Rajakkadu,

Idukki District.

2. The Branch Manager,

The Idukki District Co-operative Bank Ltd.,

Rajakkadu Branch,

Rajakkadu,

Idukki District.

O R D E R

SRI. LAIJU RAMAKRISHANAN (PRESIDENT)

The complainant is a member of the opposite party bank as membership No.4334 and availed a loan of Rs.40,000/- from the opposite party bank by giving security of his 15.75 cents of land for the same, in survey No.180/16 (A) in Rajakkadu village. Due to financial crisis and disease, the complainant was not able to repay the loan amount. But the complainant paid 17 instalments and amount of Rs.85,750/- to the opposite party bank. But on 12.1.2010, an auction notice was received from the opposite party in which it is written that the property of the complainant will be put into public auction if the complainant not paid the amount of Rs.66,666/-. The complainant is laid up due to an accident while he was constructing his house, so he was not able to repay the amount properly. But the statement of account is requested by the complainant to the opposite party and it was not given. The opposite party demanded Rs.66,666/- even though he has paid Rs.85,750/-, which is an exorbitant amount. The petition is filed for cancelling the same and also for getting the statement of account.

2. The opposite party filed a written version stating that arbitration proceedings already initiated against the complainant as ARC No186/2005 before the Joint Registrar, Idukki and it was disposed off on 28.4.2005. The petitioner had not remitted the loan amount and its interest. Thereafter execution application was filed and it is pending. Consequently the Special Sale Officer, of the opposite party has issued notice for attachment and the complainant has received it. Now auction notice is published. Because of that the complainant filed this petition. If any dispute regarding the award, the complainant ought to have filed before the appellate authority, that is Kerala State Co-operative Tribunal. So the petition is filed for dragging the opposite party in unnecessary litigation.

3. The point for consideration is whether there was any deficiency in service on the part of the opposite parties, and if so, for what relief the complainant is entitled to?

4. The evidence consists of the oral testimony of PW1 and Exts.P1 to P3 are marked on the side of the complainant. No oral evidence is adduced by the opposite party and Ext.R1 is marked on the side of the opposite parties.

5. The POINT :- The complaint is filed for restraining the auction sale of the complainant's property as per the demand notice issued. The complainant is examined as PW1. PW1 admitted that an arbitration award was passed by the 1^st opposite party and Ext.R1 is the copy of the same. Several times the complainant approached the opposite party bank. Rs.50,000/- was already paid by PW1 and because of financial crisis, he was not able to pay the entire amount. Ext.P2 is the receipt issued from the opposite party for the payment of loan and Ext.P1 is the pass book of the same. As per the cross examination by the learned counsel for the opposite party, it is admitted by the complainant that no appeal is filed against the arbitration award. And it is also stated that he is bound to pay the loan amount. So we think that the complainant already availed a loan of Rs.40,000/- and it was not paid promptly. So an arbitration award is passed against the complainant. As per complaint he paid an amount of Rs.85,750/- in the loan account. As per the deposition of the complainant, he paid an amount of Rs.50,000/- in the loan account, but Ext.P2 receipt shows that he paid only an amount below Rs.30,000/- and no other receipt is produced. The Ext.P1 pass book is not of the loan account and it is of the savings bank account. So we think that the petition is filed only for getting time for the repayment of the loan. No deficiency is proved against the opposite party.

Hence the petition dismissed. The complainant can approach 1^st opposite party for getting the statement of accounts or copy of the arbitration award and the opposite party is directed to supply the same. No cost is ordered against the complainant.

Pronounced in the Open Forum on this the 29^th day of June, 2010.

Sd/-

SRI. LAIJU RAMAKRISHANAN (PRESIDENT)

Sd/-

SMT. SHEELA JACOB (MEMBER)

Sd/-

SMT. BINDU SOMAN (MEMBER)

APPENDIX

Depositions :

On the side of the Complainant :

PW1 - Mohanan

On the side of the Opposite party :

Nil.

Exhibits :

On the side of the Complainant :

Ext. P1 - Savings Bank Account Pass Book of A/c No.3334, in the name of the complainant issued by the Idukki District Co-operative Bank Ltd..

Ext.P2 (series) - Cash receipts of the Idukki Distrsict Co-operative Bank Ltd., Rajakkad Branch -6 numbers.

Ext.P3 - Notice of auction sale, issued by the opposite party, dated 7.1.2010.

On the side of the Opposite parties:

Ext.R1 - The arbitration award passed to the opposite party from the Joint Registrar (General) of Idukki Co-operative Society.