DATE OF FILING : 17.2.2017

IN THE CONSUMER DISPUTES  REDRESSAL FORUM, IDUKKI

Dated this the   29th  day of   June,  2018

Present :

SRI. S. GOPAKUMAR PRESIDENT

          SRI. BENNY. K. MEMBER

CC NO.35/2017

Between

Complainant       :    Saji M.S.,

Maravettikkal House,

Thadiyampadu P.O.,

Idukki.

(By Adv: Ebi Thomas)

And

Opposite Party                                          :    The Branch Manager,

Union Bank of India,

Upputhodu Branch,

Upputhodu, Idukki. 

O R D E R

 

SRI. S. GOPAKUMAR, PRESIDENT

 

Case of the complainant is that,

 

Complainant and his friend Jaison Mathew availed two gold loans from opposite party bank on 19.5.2014 for Rs.1 lakh and Rs.85000/- respectively.  They availed agriculture gold loan for 7% interest and 3% as subsidy.  The loan is granted for one year.  Complainant renewed the loan in the period 2014-15 thereafter he failed to renew it during the period 2015-16 due to some financial problems.  Hence the complainant approached the opposite party bank and requested for 10 more months for its renewal.  The opposite party bank considered his request and allowed 10 more months for the renewal of the loan.  Thereafter the opposite party bank issued a notice to the complainant and his friend on 2.1.2017 demanding to renew the loan, or else they will initiate further proceedings by way of auction.  Complainant further averred that opposite party bank is calculated exorbitant amount as interest as they agreed.  On getting the notice, the complainant approached opposite party on 3.2.2017 and requested for further extension of time.  Again the opposite party bank considered the request and waived some interest in the loan dues and orally  promised  that they will  not  initiate  further  proceedings.   But the

      (cont....2)

-  2  -

complainant got reliable information that, the opposite party bank is initiating urgent steps for conducting auction of gold ornaments belongs to the complainant.  It is against the promise which was given by the opposite party manager to the complainant.  Alleging deficiency in service and unfair trade practice against the opposite party bank, complainant filed this petition for getting the relief such as to direct the opposite party to allow further 6 months to clear the loan dues and further direct the opposite party to pay Rs.10000/- as compensation and Rs.5000/- as cost.

 

On notice, opposite party entered appearance and filed detailed reply version.  In the version, opposite party contended that, the complainant has no locus standi to file complaint on behalf of his friend.  Opposite party further contended that on acceptance of the loan amount and in consideration thereof, the complainant and his friend executed necessary loan related documents in favour of the opposite party bank agreeing to repay the loan amount with agreed rate of interest per annum with half yearly rate in lump sum within one year.  The bank manager considered his request so many times and extended the time for payment of loan dues even once he deducted some interest also, but he failed to clear the loan dues eventhough he got sufficient opportunities.  Same case is repeated in the matter of his friend Jaison Mathew also.  Since the loan is classified as non-performing asset, the opposite party bank initiated recovery proceedings, with due process of law after complying all the legal formalities.  

 

No oral evidence adduced by both the party.  Exts.R1 to R4 are marked from the side of opposite party.

 

The POINT :-  This contention of the opposite party bank is not rebutted by the complainant with sufficient records.  The Exts.R1 to R4 are clear records of loan transaction and the pending dues.  The  documents, especially Ext.R1 and R2, the loan statements were not challenged by the complainant.

 

On going through the evidence in total, the Forum is of a considered view that, the complainant approached the Forum with an unclean hands by suppressing the real facts, only to delay the auction proceedings.  

(cont....3)

-  3  -

In the light of the above discussion, complaint dismissed. Opposite party bank has at liberty to proceed against the complainant and his friend Jaison Mathew for recovery of the loan dues discussed above as per law.  No order to cost.

 

      Pronounced in the Open Forum on this the 29th day of June, 2018

 

 

Sd/-

             SRI. S. GOPAKUMAR, PRESIDENT

Sd/-

          SRI. BENNY. K., MEMBER

 

 

APPENDIX

Depositions :

Nil.

Exhibits :

On the side of the Complainant :

Nil.

On the side of the Opposite Party :

Ext.R1            -  Statement of account.

Ext.R2            -  Statement of account.

Ext.R3            -  gold loan pledge form.

Ext.R4            -  gold loan pledge form.

 

             

         Forwarded by Order,

 

 

             SENIOR SUPERINTENDENT