Present : Sri. C.T. Sabu, President
Smt. Sreeja. S., Member
Sri. Ram Mohan R, Member
31st day of August 2022
CC 538/21 filed on 29/12/21
Complainant : Moidu, S/o Abdul Kareem,
Panthalingal House, P.O.Chiramanangad,
Pin- 680 604.
(In Person)
Opposite Parties : 1. Catholic Syrian Bank Main Branch,
East Fort, Thrissur- 680 005.
2. Catholic Syrian Bank, Main Branch,
Thrissur – 680 005.
Rep.by Manager.
(Ex-parte)
O R D E R
By Smt. Sreeja S. Member:
The complainant obtained a vehicle loan from the opposite party to purchase a Honda Activa scooter in the month of August 2020 vide loan No. 0299- 04173398651301. An amount of Rs.3,372/- per month has to be remitted towards loan repayment. Due to covid – 19 pandemic two installments were defaulted and the staff of opposite party repeatedly contacted him causing high mental agony and disturbance. They also came to his house and made unwanted references against the complainant. Therefore on 12.10.20 a notice was issued demanding excess payment. The act of the opposite party caused high hardship to the complainant and he took another hand loan to close the loan and paid Rs.74,600/- through bank cheque, instead of Rs.73802/- towards closure of the loan account. After closing of the account, they informed that No Objection Certificate and all other documents will be returned by post within 20 days. Surprisingly complainant got another memo on 06.11.21 to make payment to loan amount. So he informed the opposite party that the account is already closed and no amount need to be adjusted. Discarding the same, the opposite party illegally collected an amount of Rs.3,312/- on 08.11.21 from his account and same amounts to unfair trade practice and deficiency in service. Thereafter on 12.08.21 a further notice has been issued demanding Rs.8,394/-. The issuance of notice and collection of the amount without instruction amounts to deficiency in service. Hence this complaint.
2) On receiving complaint, notice was properly sent to the opposite party. Opposite party not appeared before this Commission and called absent set ex-parte.
3) Complainant appeared before this Commission and filed proof affidavit in which he has affirmed and explained all the averments stated in the complaint in detail. He produced five documents which are marked as Exts. A1 to A5. Ext. A1 is the copy of legal notice dated 12.10.21; Ext. A2 is the copy of cheque no. 029574 dated 03.11.21 of Federal Bank; Ext. A3 is the copy of bank statement dated 03.11.21; Ext. A4 is the copy of transaction details on 06.11.21; Ext. A5 is the copy of lawyer notice dated 12.11.21.
4) We have gone through the pleadings and documents submitted by the complainant. Ext.A3 proves the closing of balance amount of loan account was 73802/-. Ext.A2 and A4 proves the payment of amount of loan account and after that the complainant submitted that NOC issued to the complainant. So he is not pressing this prayer.
In the result, complaint is allowed in part and hereby direct the opposite party to pay Rs.1500/- with interest @9% PA and compensation of Rs.5,000/- and cost of Rs.2,500/- within one month from the date of receipt of copy of this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 31stday of August 2022.
Sd/- Sd/- Sd/-
Sreeja S Ram Mohan R C.T. Sabu
Member Member President
Appendix
Complainant’s Exhibits :
Ext. A1 is the copy of legal notice dated 12.10.21.
Ext. A2 is the copy of cheque no. 029574 dated 03.11.21 of Federal Bank.
Ext. A3 is the copy of bank statement dated 03.11.21.
Ext. A4 is the copy of transaction details on 06.11.21.
Ext. A5 is the copy of lawyer notice dated 12.11.21.
Id/-
Member
