Kerala

Idukki

CC/77/2018

Deepthy Peethambaran - Complainant(s)

Versus

Chief Executive Konnathadi Service Co operative Bank Ltd - Opp.Party(s)

Adv.K K Babu

30 Apr 2019

ORDER

DATE OF FILING : 12/04/18

IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 30^th day of April 2019

Present :

SRI. S. GOPAKUMAR PRESIDENT

SMT.ASAMOL P. MEMBER

CC NO. 77/2018

Between

Complainant : Deepthy, D/o Peethambaran,

Thomarakkalayil House,

Marakkanam Kara, Konnathady Village,

Idukki District, Pin – 685 563.

And

Opposite Party : Konnathady Service Co.Operative Bank Ltd.,

No.K.260, Head Office,

Konnathady Village, Idukki District.

Represented by its Chief Executive

 

O R D E R

SRI. S. GOPAKUMAR (PRESIDENT)

 

The case of the complainant is that,

 

Complainant availed an agricultural loan of Rs.5000/- on 30/08/2005 from the opposite party. As a distress affected farmer, the complainant could not repay the loan within the stipulated period of one year. Hence the complainant submitted an application before the Kerala State Farmers Debt Relief Commission, Thiruvananthapuram. Since the complainant was not informed anything about her loan, she made repeated enquires at the opposite party, and she was informed from the opposite party that her application before Debt Relief is under consideration. So the complainant submitted an application before the above commission and Hon'ble Chief Minister of Kerala. In the result the complainant received a letter dated 25/09/14, addressed to the Assistant Registrar (General) Udumbanchola, issued by the Co-Operative Registrar, directing that steps should be taken to redress her grievance. While so, on 13/01/18, the opposite party has issued a notice to the complainant recalling a loan amount of Rs.10,000/- along with Rs.2,516/- interest on or before 31/01/18. Since the loan is under consideration of the above said commission, she is not liable to pay any amount as claimed by the opposite party. Hence for directing the opposite

(Cont.....2)

-2-

party to withdraw the notice dated 13/01/18 and also directing the opposite party to pay cost and compensation complainant approached this Forum through the complaint.

 

Upon notice opposite party entered appearance and filed version contenting that opposite party is unaware of the petition submitted before the Kerala State Farmer Debt Relief Commission. Opposite party further contented that the loan due as on 28/06/18 in the loan amount of the complainant is Rs.12,956/- and the complainant is bound to pay it. Opposite party has not received any intimation from the above said commission regarding the representation of the complainant as alleged.

 

For substantiating the plea, complainant produced documents such as postal receipts and letter from the Co-Operative Registrar, Thiruvananthapuram, addressed to the Assistant Registrar Udubanchola. The documents are marked as Ext.P1 to Ext.P3 respectively.

 

From the defence side except the written version no other evidence is produced.

 

Heard both sides,

 

The point for consideration is whether there was any deficiency in service from the part of the opposite party, and if so, for what relief the complainant is entitled to?

 

The Point:- It is an admitted fact that the complainant is a defaulter of opposite party bank and she is liable to pay an amount of Rs.12,956/- towards loan due to the opposite party bank. At the same time it is to be considered that, the complainant approached the Kerala State Farmer Debt Relief Commission, Thiruvananthapuram to write off her loan due on the reason that she is a distress affected farmer. From the evidence on record, especially Ext.P3 letter, the Forum is convinced that the representation of the complainant before the above commission is under consideration. Hence the Forum directs the opposite party to wait till the disposal of the representation of the complainant, and complainant is directed to speed up the matter. Under the above said circumstances, Forum directs the opposite party to

(Cont.....3)

-3-

withdraw the notice dated 13/01/18 against the complainant, and the complainant is directed to approach the considered commission and obtain an order within 6 months from the date of receipt of this order. If the complainant is failed to produce an order from the Debt Relief commission with in the above said period, opposite party can initiate further action for the recovery of the loan dues. The complainant disposed as such.

 

Pronounced in the Open Forum on this the 30^th day of April, 2019.

 

Sd/-

SRI. S. GOPAKUMAR (PRESIDENT)

Sd/-

SMT.ASAMOL P. (MEMBER)

 

APPENDIX

Depositions :

On the side of the Complainant :

Nil

On the side of the Opposite Party :

Nil

Exhibits :

On the side of the Complainant :

Ext.P1 - Postal receipts

Ext.P2 - Postal receipts

Ext.P3 - Letter from the Co-Operative Registrar, Thiruvananthapuram,

addressed to the Assistant Registrar Udubanchola

On the side of the Opposite Party :

Nil.

 

 

Forwarded by Order,

 

 

SENIOR SUPERINTENDENT