Date of Complaint : 13/11/2014

                                  Date of Disposal :07/09/2015

IN THE KODAGU DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MADIKERI

  ORDER BY SRI.V.A. PATIL, PRESIDENT

O R D E R

          The complainant in the case supra has filed this complaint against the opponent, alleging the deficiency of service, under section 12 of the consumer protection Act, 1986.

1. The brief facts of the complaint are that, the complainants have jointly availed the education loan from the opponent to meet out the educational, expenses of complainant No.01.Accordingly a sum of Rs.2,00,000/- (rupees two lakhs only) was sanctioned by the OP on 17/09/2007, and a sum ofRs.1,97,583/-was disbursed.As per the terms and conditions the said loan was to be repaid after one year moratorium period of completion of the course and was fixed with effect from 17/09/2010, at the rate of Rs.5,000/- per month in sixty instalments.

    

          During the pendency of the repayment of the loan the complainant received a letter from the opponent, stating that there is a scheme from the central Government for providing interest relief to education loans availed up to 31/03/2009 and outstanding as on 31/12/2013.

    

        It is the contention of the complainant that, they are eligible for the said relief  of Rs.68,791/-and not the sum of Rs. 1,086/- as per the calculation of the opponent and the opponent is not providing the said relief.  Hence, legal notice is served on the opponent on 23/09/2014 and for which the opponent has given the vague reply and the opponent has committed the deficiency of service.

    

2. Hence, alleging the deficiency of service of the opponent, the complainants knocked the doors of this Forum praying for the order for directing the opponent to pay the sum of Rs.68,791/- and the cost of Rs.5,000/- towards the complaint.

    

3. After registering the complaint, the notice was issued to the opponent.Notice is served and Sri. K.N.V Advocate filed vakalath on behalf of the opponent.Inspite of many adjournments also the opponent failed to file the objections to the complaint.Hence, the Forum has passed an order on 26/02/2015, stating that there are no objections from the side of the opponent.

    

4. On verification of the complaint and the documents submitted by the complainants and on hearing the points that arise for our consideration are as under;-

    

5. Whether the opponent has committed the deficiency of service as alleged by the complainants in the complaint?

    

6. Whether the complainants are entitled for the relief sought for?

    

7. What order?

    

   The findings on the above points are as follows:-

    

             Point No.1:- Affirmative

             Point No.2:- Affirmative

             Point No.3:- As per the final order

    

   R E A S O N S

    

8. Points No.01 & 02 :- It is the case of the complainants that, they have availed the education loan from the opponent and as per the Central Government Scheme for providing interest relief to education loans availed up to 31/03/2009 and outstanding on 31/12/2013 they are eligible to get the interest relief of Rs.68,791/- less Rs.1,086/- already credited and remaining total of Rs.67,705/-.

    

9. The affidavit coupled with the letter dated 28/03/2014 issued by the opponent to the complainant discloses that the customers who have availed the education loans on or before 31/03/2009 and outstanding as on 31/12/2013 are eligible for the interest relief including the interest debited during the post moratorium period and outstanding as on 31/12/2013.

    

        Admittedly the opponent has sanctioned the loan on 17/09/2007 (availed before 31/03/2009) and the portion of the interest debited during the post moratorium period and outstanding as on 31/12/2013 are eligible for the said relief, as per para points No.2.0 and 5.0 of the letter dated 28/03/2014.  Inspite of the Legal Notice dated 23/09/2014 the opponent has not cared to credit the said interest portion, and committed the deficiency of service.

    

10. On perusal of the complaint, along with the documents, and affidavit, we are of the opinion that, there is deficiency of service from the opponent.The complainants are entitled to get the benefit of Rs.68,791/- less Rs.1,086/- (already credited) total Rs.67,705/- (Total rupees sixty seven thousand seven hundred and five only) as shown in the written arguments of the complainant.Hence, we answer points No.1 and 2 in affirmative.

     

11. In view of the above following ;

     

    O R D E R

12. The complaint is allowed.

     

13. The opponent shall pay a sum of Rs.67,705/- (Rupees sixty seven thousand seven hundred and five only) to the complainants along with interest at the rate of 9% per annum from the date of filing of the complaint and Rs.2,000/- (Rupees two thousand only ) being the cost of the complaint.

     

14. The opponent shall pay the above said amount within 30 days from the date of this order.

     

15. The complainant is at liberty to recover the same as per the law provides.

     

16. Issue certified copies of this order at free of cost to the parties.

     

(Dictated to the Stenographer and got it transcribed and corrected and pronounced in the open Forum on this 07^th   day of SEPTEMBER 2015)

      (LATHA.M.S.)            (V.A. PATIL)        (K.D. PARVATHY)       

         MEMBER               PRESIDENT               MEMBER

 ANNEXURE