THE KERALA CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACADU THIRUVANANTHAPURAM

APPEAL NO.492/2012

JUDGMENT DTD : 16.05.2013

PRESENT :

JUSTICE SRI.P.Q.BARKATH ALI              : PRESIDENT

The Manager,

IndusInd Bank,

Chandranagar, Palakkad                                  APPELLANT

Rep. by its Authorized Representative

Sri. Partheesh, Sr. Executive (Legal)               

(By Advs. G.V. Sudheer & Rajesh.K)

Vs

Yusaf,

S/o Late Hamsakutty,

Pallath House, Mappattukara,                           RESPONDENT

Kulukallur, Palakkad                                                 Respondent/Complainant

(By Adv. K. Dhananjayan)

JUDGMENT

JUSTICE SRI.P.Q.BARKATH ALI      : PRESIDENT

                     This is an appeal filed under Section 15 of Consumer Protection Act of 1986 by the opposite party in CC/179/2011 on the file of CDRF, Palakkad challenging the order of the Forum dated 31/3/2012.    

                 The case of the complainant as detailed in the complaint and as stated in his proof affidavit before the Forum in brief is this;

                  The complainant availed a loan of Rs.6,80,000/- for the purchase of a bus bearing Reg.No.KL-52/2733 from the opposite party Bank. The agreement was to repay the loan amount in 48 equal monthly installments of  Rs. 17,448/- per month. The complainant had paid Rs.9,16,458/- but appellant/opposite party bank added additional interest   Rs.1,60,000/- which was reduced to 1,20,000/-.The appellant/ opposite party bank is refusing to give ‘ NOC’. Therefore the complainant was not able to sell the bus in time. He claimed the compensation of  Rs.4,00,000/-.

                   The appellant /opposite party Indus Ind bank represented by the Branch Manager contended thus: Availing of the loan by the complainant is admitted.  The agreement was to repay the amount in 48 equal installments and also to pay insurance charge Rs.64,500/-. For the delayed payments, the complainant has to pay interest  at 36% per annum.  He has to pay insurance charges on 11^th, 23^rd and 35^th installments.  The complainant failed to pay this amount.  As on 8/8/2011 a total amount of Rs.1,18,333 was outstanding in the loan account of the complainant.  The complainant filed a complaint before the banking Ombudsman for closing the loan.  On 14/9/2011 the complainant paid Rs.60,000/- towards full and final settlement of loan account.  Therefore the complaint has to be dismissed.

                        Both the parties filed their proof affidavit.  Ext.A1 to A3 were marked on the side of complainant and Ext.B1 to B5 were marked on the side of the opposite party. In an appreciation of evidence the Forum found that opposite party received Rs.60,000/- in excess and directed the opposite party to refund the issue to the complainant and awarded a compensation of Rs.15,000/- and a cost of Rs.1000/-. The opposite party has come up in appeal challenging the said order of the Forum.

               Heard the counsels for the both parties.

        The only question for consideration is whether the complainant had made excess payment and if so, whether he is entitled to get it reimbursed from appellant/opposite party.

               It is admitted and is proved by receipt dated 14/9/2011 that complainant paid Rs.60,000/- to the opposite party to close the loan transactions.  The loan amount was Rs.6,80,000/- which has to be repaid with interest in 48 monthly installments of Rs.17,448/- each totalling to Rs.8,37,226.  The complainant paid a total amount of Rs.8,54,488 as proved by Ext.A1 receipt, ie, Rs.19,242 in excess.  It was in addition to this opposite party collected Rs.60,000/- form the complainant.

                        The counsel for the appellant/opposite party pointed out that 11^th, 23^rd and 35^th installments are fixed as Rs.38,950/- which includes the insurance charges, that complainant paid 11^th installment but did not pay 23^rd and 35^th installments of insurance charges and towards that amount  Rs.60,000/- was collected from him.

                      The above version of opposite party appears to be not correct.  No document is produced by opposite party to show that they have paid any installment of insurance charges.  Admittedly the first installment of insurance charge was paid by the complainant.  The specific case of the complaint is that insurance charges were paid by him. That being so Rs.60,000/- collected by the opposite party from complainant is an excess payment which the opposite party has to refund.   The finding of the Forum on this point is confirmed.

                         The Forum has directed the appellant/opposite party to refund the amount of Rs.60,000/- and to pay compensation of Rs.15,000/- and a cost of Rs.1,000/-.  I find no reason to interfere with the said finding of the Forum.

                         In the result, the appeal is dismissed with a cost of Rs.5,000/-.

                                     JUSTICE P.Q.BARKATH ALI : PRESIDENT

be