D.O.F:29/10/2021
D.O.O:29/12/2023
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.188/2021
Dated this, the 29th day of December 2023
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT. BEENA. K.G :MEMBER
T.V. Chandran
Thelakkattu House
Kollada
Kamballur P.O
Cherupuzha (Via) 670511 : Complainant
And
1. Sreemathi.Anupama
Branch Manager
Kerala Gramin Bank Cherupuzha
Kannur District
2. Kerala Gramin Bank Cherupuzha Branch, : Opposite Parties
Kannur District.
(Adv: K.P Subash Chandran OP 1& 2)
ORDER
SRI. KRISHNAN.K : PRESIDENT
The facts of the case is that the complainants wife Premavally availed an agricultural loan of Rs. 75,000/- from Opposite Party Bank on 08/02/2015agreeying to repay it with 4% interest thereon. Despite difficulties she repaid the amount of Rs. 1,10,400/- on 09/10/2019 interest of Rs. 40400/- is collected instead of Rs. 2800/-, even after repayment opposite party demand notice is sent threatening recovery by attachment, the act of Opposite Party caused mental agony, complainant claims compensation for deficiency in service and cost of the litigation.
2. The Opposite Party filed written version alleging that complainant is not a consumer; the complaint is filed by husband of the consumer for his wife is not maintainable at law. Loan of Rs.70,000/- is obtained by his wife on 18/02/2015, which is renewed on 16/02/2016 later notice issued to renew the loan on 09/02/2017 and 13/04/2018 but the loan is neither repaid nor renewed. Bank sent a notice dated 05/10/2019, wife renewed the loan on 09/10/2019 and loan renewal letter is signed on 15/02/2021 and complaint is filed on 05/11/2021. There is no deficiency in service or negligence by bank and no compensation is payable and prayed for the dismissal of the complaint.
3. The complainant filed chief affidavit and was cross examined as Pw1. Complainant filed document, Ext A1 to A5. Ext A1 is the disability certificate of wife of complainant. Ext A2 reply sent by bank, Ext A3 letter by Opposite Party, Ext A4 notice issued by bank on 05/10/2019 and Ext A5 is letter issued by Opposite party bank Dt: 18/09/2019. As per contentions following points raised for consideration.
a) whether there is any deficiency in service of Opposite Party in collecting the money due to the bank, or any deficiency in service by not sending reminder notice regularly during loan period or later and whether complainant entitled to any compensation and if so for what reliefs?
4. The complaint is filed by husband of the complainant. Husband is not a consumer complainant is not filed for on behalf of wife but latter produced a letter signed by wife declaring that complaint is filed by husband on her behalf with her consent and the case is accepted.
5. The case of the complainant is that his wife availed the loan agreeing to repay it with interest. On demand he repaid it in full with interest. Grievance is that regular notice not received reminding the amount due. If reminder is sent interest could have been minimized. Even after repayment demand notice is issued claiming the amount is in due.
6. The complainant has no case interest rate or amount of loan collected is in excess of the really due. Sending demand notice by bank by itself is not a deficiency in service to cause to suffer mental agony due to negligent acts and dereliction of duty by bank. Considering the fact that loan term is one year loan is obtained in 2015, loan reminder letter is sent, amount as per demand is paid to Opposite Party bank without protest, complaint filed after 21 months after payment of loan amount due shows that complaint is filed as an afterthought without any bonafide and complainant himself without raising any specific legal ground how complainant is legally entitled to claim back the amount repaid when she has no claim of excess payment and thus complainant is not entitled to any compensation and thus complaint is dismissed without any order as to costs.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits
A1- Disability Certificate
A2- Reply sent by bank
A3- Pass book copy
A4- Notice issued by bank Dt: 05/10/2019
A5- Notice issued by bank 18/09/2019
B1- Memorandum of agreement for agricultural loans
B2- KCC Review format
B3- Notice Dt: 13/04/2018
B4- Notice Dt: 09/02/2017
Witness Examined
Pw1- T.V Chandran
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
Ps/
