This is a discussion on Andhra Pradesh Grameena Vikas Bank within the Banking forums, part of the Financial Services category; C.C.NO.31/2009 Between : Vallabhdas Tewari, S/o Tulsi Das Tewari, 33 years, Residing at Patha Duppada, P.O. Cantonment, Vizianagaram. --- Complainant ...
S/o Tulsi Das Tewari,
33 years, Residing at Patha Duppada,
P.O. Cantonment, Vizianagaram. --- Complainant
The Branch Manager,
Andhra Pradesh Grameena Vikas Bank,
M.G.Road, (Vizianagaram Main Branch),
Vizianagaram. --- Opposite Party
This complaint is coming on for final hearing before us in the presence of Sri Ch.Chandra Sekhara Rao, Advocate for complainant and of Sri I.Ramesh, Advocate for opposite party and having stood over for consideration, the Forum made the following:-
O R D E R
This is a complaint filed by the complainant for refund of Rs.3,315/- excess amount collected by the opposite party on 05-12-2008. The complainant further submits that he is a medical representative granted loan of Rs.24,000/- on 17-4-2003. The complainant discharges the entire loan amount including interest and requested for return of 4 numbers of 6 years National Saving Certificates. The same was admitted by the opposite party by mislead the complainant by not allowing to withdraw the National Saving Certificates maturity amount i.e., Rs.67,836/- on 03-12-2008 from Post Office at Vizianagaram. As a result of the act of the opposite party the complainant suffered mental agony as such the complainant prays to direct the opposite party to refund Rs.3,315/- and compensation of Rs.2,000/-.
Opposite party filed counter admitted taking of loan by complainant and payment of entire amount and the said loan amount is fully satisfied. The complainant approached the opposite party to pledge document and that the complainant was informed that the documents could not be traced in their office. It is not collected any excess amount much less Rs.3,315/- from the complainant and further it never stated to the complainant that National Saving Certificate Bonds are not found and never asked the complainant to come after few days. The complainant cannot ask for the return of the documents without making the entire amount due under the account. There is no deficiency of service.
Perused the entire material available on record.
Heard both sides.
Learned counsel for the complainant submits there is a unfair trade practice on the part of the opposite party in collecting Rs.3,315/- though the entire amount due under the loan account was paid. As seen from the Ex.P.2 complainant borrowed Rs.24,000/-. As seen from Ex.P.3 letter from A.P. Grameena Vikas Bank refund of excess interest loan against NSC’s- Availed at their Dasannapeta Branch. Some rate of interest increased as their pleas in the account. How they are entitled for interest as mentioned in Ex.P.4 not explained by the opposite party. Ex.P.5 letter addressed by the complainant clearly discloses the amount due as per bank and as per the complainant. As seen from Ex.P.8 the amounts were paid by the complainant is clearly mentioned. The complainant paid Rs.3,315/- on 05-12-2008. But the loan amounts were paid on 21, 22 and 24 of November, 2008. Immediately after payment of loan amount it is the duty of the opposite party to return the National Saving Certificates of the complainant. But they fails to return the same and the complainant was asked to pay Rs.3,315/- and accordingly complainant paid the same on 05-12-2008 as such the act of the opposite party amounts to unfair trade practice and also amounts to deficiency of service.
In the result, the complaint is allowed directing the opposite party to pay a sum of Rs.3,315/- (Rupees three thousand three hundred and fifteen only) which was excess collected by the opposite party payable within fifteen days and the complainant is entitled for compensation of Rs.500/- (Rupees five hundred only) and costs of Rs.750/- (Rupees seven hundred and fifty only) inclusive of Advocate fee of Rs.250/- (Rupees two hundred and fifty only).
Dictated to the Steno, transcribed by him, corrected by me and pronounced by us in the open Forum, this the 10th day of November, 2009.
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