O R D E R

Smt. ShajithaBeevi.N (Member I):

                   The complainants have filed this complaint before the Commission   U/S 12 of the Consumer Protection Act 1986 with request to getting relief from the opposite parties 1 to 3.

2. The case of the complainants are as follows:- 

The complainants are husband and wife. The 1^st opposite party is one Shika Sharma, MD and CEO OF AXIS bank Ltd., and the 2^nd opposite party is the Manager of housing loan section Axis bank, Kottayam branch and the 3^rd opposite party is the branch manager of Axis bank,Pathanamthita. The allegation made in the complaint that, the complainant had approached the opposite parties to avail a loan for repairing their house. And the 2^nd opposite party agreed to provide a loan for the complainants and obtained 14 numbers of documents from the complainant and a blank but signed check from the 2^nd complainant. But the opposite parties did not give loan o the complainants, in the mean while they misappropriated the blank cheque issued by the 2^nd complainant by filling the cheque and writing an  amount of Rs. 5,900/-in the cheque,  without the knowledge and consent of the complainants and presented the same for encashment.  And opposite partiesencashed Rs.5900/-from the account of the 2^nd complainant, maintained in SBI. The complainant approached the opposite parties and demanded to return the documents and amount illegally collected by the opposite parties. But the request of the complainants was in vain, hence the complainant filed the present complaint seeking a direction to the opposite parties to return the above money and document.

3. Notices were issued to all ops .But except 1^st opposite party the other ops appeared before the Commission and they filed detailed version denying the allegations in the complaint. The 1^st opposite party not turned up before the commission and did not file any version. . Due to the nonappearance of the 1^st  opposite party, the 1^st opposite party was  set ex-parte  on 10/10/2019           

               4. In the version of the 2^nd& 3^rd opposite parties would submit that, the complaint is not maintainable. They denied the allegations in the complaint. And further contented that Axis bank has not been made as a party in the complaint, hence the complaint is bad for non- jointer of necessary parties. It is further contented that Pathanamthitta branch of axis bank has no role in processing and disbursement of housing loans. And 3^rd opposite party branch manager is no way connected with processing of loan. And they further contented that they are collecting processing charge for loan applicants as per approval of the Reserve Bank of the India, and the processing fee collected from the applicant is nonrefundable. And in the event of disallowing the loan the applicants are not entitled to get refund of the processing fee. And they denied any deficiency in service by contenting that the complainants are not their customers.  Therefore they prayed to dismiss the complaint against them. Along with the version the 2^nd& 3^rd opposite parties

produced a scanned copy of Home loan application submitted by the complainants on 30/1/2018.                  

                5. Considering the contention raised by the parties, this Commission raised the following issues for consideration.

1. Whether there is any negligence or deficiency in service on the part of the opposite parties?.
2. Whether the complainant is entitled to get any relief as prayed for?
3. Relief and Cost

                     6.  The 1^stcomplainant has filed proof affidavit in support of his case. 1^st complainant examined as PW1 and Exhibit A1 document marked. On the side of 2^nd& 3^rd opposite parties conducted cross examination of PW1.  The 2^nd opposite party filed proof affidavit in support of their case. She was examined as DW1 and Exhibit B1 marked. The complainant did not cross examine DW1.

8. In the result, we hereby direct the opposite parties to return all the documents collected by them from the complainants at the time of receiving the above loan application. And also they are further directed to refund Rs.5,900/- (Rupees Five Thousand and Nine Hundred only), so collected as processing fee. The order should be complied within one month from the date of receipt of this order. Failing which the complainants are entitled to realize an amount ofRs.5,900/- along with interest at the rate of 12% p.a from the date of this order till realization .

          Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 15^thday of March,2021.

(Sd/-)

Smt. ShajithaBeevi. N

                                                                                                    (MemberI)                                                                                                                                            

Sri. George Baby (President):  (Sd/-)

Sri.NishadThankappan (Member II) :(Sd/-)

Appendix:

Witness examined on the side of the complainant:

PW1: K.S Roy

Exhibits marked on the side of the complainant:

A1: copy of the statement of account.

A2: copy of the home loan application form.

Witness examined on the side of the opposite parties:

DW1: Kochurani A J

Exhibits marked on the side of the opposite parties: Nil.

Copy to:- (1) K.S. Roy,

                   MadappallilVeedu,Kumbazha P.O.

      (2) SunuSyriac,

MadappallilVeedu,Kumbazha P.O,Pathanamthitta.                          

                (3) Shikha Sharma,

MD & CEO, Axis Bank Ltd.,2^nd Floor, Axis House,

                  C-2, Wadia International Centre, BB Marg, Worli,

Mumbai – 400025.

            (4) Kochurani,

Manager,

Housing Loan Section,Axis Bank, Kottayam Branch,

Kottayam.

                (5) Shinod,

The Manager,

Axis Bank, Pathanamthitta Branch,Pathanamthitta – 689645. 

                        (6) The Stock File.