BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
VAZHUTHACAUD : THIRUVANANTHAPURAM
PRESENT
SRI. P.V. JAYARAJAN : PRESIDENT
SMT. PREETHA G. NAIR : MEMBER
SRI. VIJU V.R. : MEMBER
C.C.No. 344/2021 Filed on 15/11/2021
ORDER DATED: 31/10/2022
Complainant: | : | Sidharthan.P.K., MRA-12, Sumedhalayam, Muttada.P.O., Thiruvananthapruam – 695 025. (Party in person) |
Opposite party | : | Thiruvananthapuram North Co-operative Society Ltd., T:1531, Kuravankonam, Thiruvananthapuram – 695 003. |
ORDER
SMT. PREETHA G. NAIR: MEMBER
This is a complaint filed under section 35 of Consumer Protection Act 2019 and the matter stood over to this date for consideration.After hearing the matter the commission passed an order as follows:
The complainant had availed a loan of Rs.2,85,000/- from opposite party’s Muttada Branch on 20/07/2021. The loan amount was paid within 31 months and the opposite party had received 15% interest as additional interest for the defaulted instalment. After closing the loan the complainant demanded the shares in the loan account. Then the opposite party stated that the share will not be returned now and that amount will be paid only after three years without any interest. The complainant asked several times for his shares. Finally the opposite party had demanded an application from the complainant and the interest will be given from the date of application. The opposite party had received 15% interest in all loans. But they had not given that interest in the shares. The complainant has sent a registered letter to opposite party on 09/08/2021. But there was no reply. Thereafter the complainant had sent messages through whats up to all board members. They were also not sent any reply. The act of opposite party amounts to deficiency in service. Hence the complaint.
After accepting the notice, the opposite party filed version stating the following contentions. The opposite party admitted that they had given loan to the complainant on 09/08/2018. The opposite party had received Rs.700/- as share, Rs.350/- as building fund, Rs.175/- as CBS, and risk fund as Rs.100/- and bond as Rs.50/- from the complainant under the loan of Rs.35,000/- on 10/05/2018.After closing the loan the complainant had not given any complaint to opposite party and demanded other loan.On 09/08/2018 the complainant had availed a property loan for Rs.2,85,000/-.Then the opposite party has received Rs.5,000/- as share, Rs.525/- as risk fund, Rs.2,500/- as building fund, Rs.750/- as CBS fund & Rs.50/-as bond from the complainant.The opposite party had received Rs.88/- instead of Rs.107/- as the default interest.The loan period was for 48 months.But the complainant had paid the loan amount within 35 months and 11 days.At that time the opposite party had informed the complainant to refund the shares after 3 years.On 09/08/2021 the complainant had given a letter to refund the share amount.Due to coivd-19 pandemic the meeting of society was not conducted.The share amount of complainant was Rs.5,700/-.The opposite party had ready to pay Rs.5,700/- after accepting the voucher and signature of the complainant.
Complainant filed proof affidavit and documents Ext.P1 to P7 marked.Opposite party had not filed proof affidavit and not produced documents.
Issues to be considered are:-
- Whether there is any deficiency in service on the part of the opposite party?
- If so, what is the cost and relief?
Issues No.1&2:- we perused relevant documents on records. Ext.P1 is the copy of letter dated 09/08/2021 issued by complainant to opposite party to refund the share amount. Ext.P2 is the copy of acknowledgement card in the name of opposite party. Ext.P3 is the copy of pass book which shows that the loan account was closed on 20/07/2021. Ext.P4 is the copy of name of president, Secretary and board members of society. Ext.P5 is the copy of receipt dated 09/08/2018 for an amount of Rs.5,000/-. Ext.P6 is the copy of receipt for an amount of Rs.100/- which is deposited to loan form. Ext.P7 is the copy of receipt dated 09/08/2018 for an amount of Rs.3,825/- deposited.
The opposite party stated that they are ready to pay Rs.5,700/- as share amount to complainant and no interest was given to share amount. But the opposite party had not produced any documents or affidavit to prove their contentions. Also in the complaint the 1st prayer is that direct to refund the amount paid by the complainant. In Ext.P5 is the document to prove that the complainant deposited Rs.5,000/-. As per Ext.P6 the complainant deposited Rs.100/- to loan form. As per Ext.P7 risk fund Rs.525/- bond Rs.50/-, B/fund Rs.2,500/-, CBS Rs.750/-. Ext.P6 and Ext.P7 were the amounts of loan application. So these amounts in Ext.P6 and Ext.P7 were not allowed.
In view of the above discussions we find that the act of opposite parties amounts to deficiency in service.
In the result complaint is allowed. We direct the opposite party to pay Rs.5,700/- (Rupees Five Thousand Seven Hundred Only) as the share amount with 6% interest from 09/08/2021, as the date of letter to refund, to the date of receipt of order and pay Rs.5,000/- (Rupees Five Thousand Only) as compensation and Rs.2,500/- (Rupees Two Thousand Five Hundred Only) as cost of proceeding to the complainant, within one month from the date of receipt of this order, failing which the amount except cost shall carry 9% interest from the date of order till the date of payment/realization.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Court, this the 31th day of October, 2022.
Sd/- P.V.JAYARAJAN | : | PRESIDENT |
Sd/- PREETHA G. NAIR | | MEMBER |
Sd/- VIJU V.R. | : | MEMBER |
R
C.C. No. 344/2021
APPENDIX
- COMPLAINANT’S WITNESS:
- COMPLAINANT’S DOCUMENTS:
P1 | | Copy of letter dated 09/08/2021. |
P2 | | Copy of acknowledgement card in the name of opposite party. |
P3 | | Copy of pass book shows that the loan account closed on 20/07/2021. |
P4 | | Copy of name of president, Secretary and board members of society. |
P5 | | Copy of receipt dated 09/08/2018 for an amount of Rs.5,000/-. |
P6 | | Copy of receipt for an amount of Rs.100/- deposited in loan form. |
P7 | | Copy of receipt dated 09/08/2018 for an amount of Rs.3,825/- deposited. |
- OPPOSITE PARTY’S WITNESS:
- OPPOSITE PARTY’S DOCUMENTS:
Sd/-
PRESIDENT