By  Sri. A.S. Subhagan,  Member:-

          This is complaint  preferred under Section 35 of the Consumer Protection Act 2019.

          2. Being a Member,  the Complainant had availed a loan of Rs.2,50,000/-  from the  1^st  Opposite Party bank in the year 2011-2012.  By 2014, remitting  Rs.3,50,000/-,  the Complainant had closed the above loan account.  But  the 1^st  Opposite Party      did   not  return the documents pledged for the loan till date.  In the meantime,  the Complainant again availed a loan of Rs.5,00,000/- from the 1^st  Opposite Party,  pledging  the same documents.  The Complainant had remitted Rs.2,60,000/-   in respect of the  second loan by 2017.  In the year 2018,  when the Complainant tried to close the loan account,  the  1^st  Opposite Party without considering the remittance made in the previous years,  told the Complainant that the loan availed in the year 2011-12  is still not closed and the same had been  renewed in the year 2015  and  afterwards, a notice dated 07.11.2022 was issued by the 1^st Opposite Party to the Complainant stating that Rs.11,00,000/- are  outstanding and if it is not paid the properties pledged would be auctioned and for that purpose the   2^nd  Opposite Party was engaged.  The 1^st  Opposite Party had not given a reliable and reasonable reply  to the Complainant and his son,  regarding the reasons for not  crediting the amounts remitted to his loan accounts with the 1^st  Opposite Party.  No such amounts were outstanding and payable by the Complainant to the  loan account as stated by the 1^st  Opposite Party in the notice dated 07.11.2022.  The 1^st  Opposite Party is cheating the Complainant who is a senior citizen.  In the year 2019,   more than Rs.3,00,000/-  were outstanding  in the loan which the Complainant was ready to remit and close  the loan account,  but the Opposite Party had not permitted the Complainant to do so.  The Complainant is still ready to remit  that amount.  The above acts  of the Opposite Parties are deficiency in service and unfair trade practice.  Hence, this complaint with the following  prayers.

1.  To restrain  the Opposite Parties from  taking any action as stated in the notice dated 07.11.2022 issued to the Complainant in respect of loan account No.NABM 50/11-12.
2. To direct the 1^st  Opposite Party to close  the loan account of the Complainant without charging any interest and penal interest after  2018 as the first  Opposite Party did not close  the loan account  accepting the amount offered by the Complainant  for closing the loan  account  and
3. To direct the 1^st  Opposite Party  to grant any other relief that the  Commission deems fit enough to order.

3. The complaint was registered and notice was served upon the Opposite

Parties for appearance.  But the Opposite Parties did not appear and hence the Opposite  Parties were set ex-parte.

          4. The Complainant filed  proof affidavit,  Exts.A1 to A3 were marked from his side and he was examined as PW1.  On the basis of the Complaint, affidavit,  documents marked,  Commission raised the following points for consideration.

1.  Whether there has been any deficiency in service or unfair trade practice from the part of the Opposite Parties?
2. Relief, compensation and cost.

5. Point No.1:-  The contentions of the Complainant are as follows.  That the

Complainant had availed a loan of Rs.2,50,000/-  from the  1^st  Opposite Party in the year 2011-12 and  the Complainant had closed  the  loan  in the year 2014, remitting Rs.3,50,000/-.  But the 1^st  Opposite Party did not return the documents pledged  for  the loan.  Then,  the Complainant again availed a loan of Rs.5,00,000/-  from the  1^st  Opposite Party by pledging  the same documents and the Complainant had remitted Rs.2,60,000/-  by the year 2017.  But when  the Complainant approached the  1^st  Opposite Party to close the loan account,  the 1^st  Opposite Party  denied closure of the loan account,  saying that about  Rs.11,00,000/-  are still  outstanding  in the loan account and  said that the loan availed in the year 2011-12 is still pending.  The Complainant admitted that he is still ready to close the account by remitting the  outstanding dues in the year 2018 as he could not close the loan account in 2018,  due to the denial of  1^st   Opposite Party to accept the balance and close the loan account.  Exts.A1 to A3 documents marked by the Complainant show that the Complainant had some loan accounts with the 1^st  Opposite Party.  Ext. A3 document reveals that the Complainant  has an outstanding  dues of Rs.10,81,667/-  with the 1^st  Opposite Party.

          6. The 1^st  Opposite Party had the opportunity to appear before the Commission and contest the case.  But they did not appear before the Commission and hence we could not  ensure the authenticity of the  above amount shown in the Ext.A3 notice with corroborating evidences.    Therefore,  we  have no other option than to believe the contentions of the Complainant.  Not  providing the statement of loan account to the Complainant  when  demanded and denial of closure of loan without accepting the amount from the consumer amounts  to deficiency in service and unfair trade practice.  Here the 1^st  Opposite Party did not give the statement of loan account to the Complainant, did not accept the dues from the Complainant and did not close the loan account as narrated by the Complainant.  So,  there has been deficiency in service and  unfair trade practice from the part of the  1^st  Opposite Party for which the 1^st  Opposite Party is responsible and liable.  No deficiency in service/unfair trade practice is seen proved on the part of the  2^nd  Opposite Party.  So, point No. 1  is  proved  only against the 1^st  Opposite Party.

          7. Point No.2:-  As point No.1  is proved in favour of the Complainant, he is entitled to the relief  as prayed  for under point No.2.  So  point No. 2  is also proved

against the  1^st  Opposite Party.

          In the result  the complaint is allowed and the 1^st  Opposite Party is directed to:- 

1. Close  the loan account/accounts of the Complainant accepting  the  total amount outstanding in the loan  accounts by the end of the year 2018 and  return the documents of the Complainant and his son.
2. Pay Rs.10,000/- (Rupees Ten thousand only) as compensation for deficiency in service/unfair trade practice.
3. Pay Rs.5,000/- (Rupees Five thousand only) as cost of this Complaint and
4. In  IA 919/2022 an interim order was passed by this Commission restraining  the Opposite Parties  from attaching the property of the Petitioner/Complainant bearing resurvey  No.118/2 of Mananthavady Taluk,  Panamaram Sub-Division,  Anjukunnu amsom desom having an extent of  0.1876 & 0.2021 hectors until  further orders.  Now this order in IA 919/2022 is ordered to be made absolute.

The  loan account/accounts of the Complainant shall be closed  returning the

documents and the above amounts of  compensation and cost shall be paid to the  Complainant within  one month from the date of this order, failing which the amounts will carry interest at the rate of 8% per annum.

          Dictated to the Confidential Assistant, transcribed by him and corrected   by   me   and  pronounced  in  the  Open  Commission on this the   13^th  day of March  2023.

          Date of filing:28.11.2022.

                                                                             PRESIDENT:  Sd/-

                                                                             MEMBER     :  Sd/-                

APPENDIX.

Witness for the complainant:

PW1.          T. Krishnan Nair.                     Complainant.       

Witness for the Opposite Parties:

Nil.                      

Exhibits for the Complainant:

A1.       Receipt.                                 dt:30.06.2015.

A2.       Notice.                                  dt:07.11.2022.

A3.       Notice.                                  dt:12.12.2022. 

Exhibits for the Opposite Parties:

Nil.

                                                                                                PRESIDENT  :  Sd/-

                                                                                                MEMBER     :  Sd/-