Allowed petitioner's petition allowing regularisation of defaulting loan account. Directed withdrawal of pending consumer complaint and fixing EMI schedule with penalty for default.
Allowed regularisation in fifteen equal monthly installments upon conditional withdrawal of pending consumer forum complaint.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
MONDAY, THE 6TH DAY OF DECEMBER 2021 / 15TH AGRAHAYANA, 1943
WP(C) NO. 25821 OF 2021
PETITIONER:
A. SUSEELA AGED 65 YEARS W/O. MADANA MOHANAN, ATHULYA, NMC 28/396(1), ARASSUPARAMBU, PATHAMKALLU, PARAKKAD, MANCHA P.O, NEDUMANGAD, NOW RESIDING AT ATHULYA, INDUSTRIAL ESTATE, PAPPANAMKOD, THIRUVANANTHAPURAM - 19.
BY ADVS. SINDHU SANTHALINGAM A.D.SHAJAN
RESPONDENTS:
1 REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM - 695001. 2 JOINT REGISTRAR DISTRICT CO-OPERATIVE BANK LTD., HO THIRUVANANTHAPURAM - 695023. 3 DISTRICT CO-OPERATIVE BANK LTD, HO, EAST FORT, THIRUVANANTHAPURAM - 695023., REPRESENTED BY ITS SECRETARY. 4 DISTRICT CO-OPERATIVE BANK LTD, HO, EAST FORT, THIRUVANANTHAPURAM - 695023, REPRESENTED BY ITS AUTHORISED OFFICER, 5 KERALA STATE CO-OPERATIVE BANK LTD, M & E BRANCH, NEDUMANGAD, REPRESENTED BY ITS BRANCH MANAGER - 695023., BY ADV THOMAS ABRAHAM BY SRI.BIMAL K. NATH, SR. GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
= = = = = = = = = = = = = = = = = = W. P.(C) No.25821 of 2021
= = = = = = = = = = = = = = = = = = Dated this the 6th day of December, 2021
J U D G M E N T
The petitioner availed a credit facility from the
5th respondent Bank. The repayment thereunder was defaulted. Recovery proceedings were initiated by the Bank. The petitioner has approached the Consumer Dispute Redressal Forum, Thiruvananthapuram by filing Complaint No.317/2019 against the Bank in respect of the facility.
The same is pending consideration. The petitioner is presently issued with Ext.P7 notice. It is accordingly that she has approached this Court.
term for the loan account and that the overdue amount in
the loan account as on 20.11.2021 is `5,23,936/-.
W. P.(C) No.25821 of 2021
-: 2 :-
with the following directions:-
of accounts showing the amounts repaid, interest and costs applied till date, within a period of two weeks.
account regularised by paying the entire over due amounts with interest and costs in fifteen equal monthly installments commencing from 15.01.2022. The subsequent installments shall
W. P.(C) No.25821 of 2021
-: 3 :-
be payable on or before the 15th day of every
succeeding month.
addition to the installments ordered above.
Thiruvananthapuram, shall be withdrawn and intimated to the Bank prior to the payment of the first installment.
Sd/-
SATHISH NINAN JUDGE
kns/-
//True Copy//
P.S. to Judge
APPENDIX OF WP(C) 25821/2021
| PETITION | ER EXHIBITS |
|---|---|
| Exhibit | P1 A TRUE COPY OF THE DEMAND NOTICE OF THE 5TH RESPONDENT BANK FOR A SUM RS. 8,46,986/- WAS ISSUED ON 25.07.2017 DUE TO DEFAULT OF THE LOAN. |
| Exhibit | P2 A TRUE COPY OF THE EXTRACT OF THE PAPER PUBLICATION GIVEN FOR AUCTION SALE OF PROPERTY FOR A VALUE OF RS. 9,00,249/- AND INTEREST FROM 01.01.2018. |
| Exhibit | P3 A TRUE COPY OF THE JUDGMENT DATED 27.7.2018 IN WP(C) NO. 24661/2018 OF THE HON'BLE HIGH COURT OF KERALA, |
| Exhibit | P4 A TRUE COPY OF THE EXTRACT OF THE PASS BOOK OF THE 5TH RESPONDENT BANK ISSUED IN FAVOUR OF THE PETITIONER. |
| Exhibit | P5 A TRUE COPY OF THE REPRESENTATION FILED BEFORE THE 3RD RESPONDENT. |
| Exhibit | P6 A TRUE COPY OF THE COMPLAINT NO. 317/2019 FILED BEFORE THE DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, TRIVANDRUM. |
| Exhibit | P7 A TRUE COPY OF THE DEMAND NOTICE FOR A SUM OF RS. 5,44,543/ - U/S. 71 OF KERALA LAND REVENUE RECOVERY ACT AND DIRECTED TO PAY ON |
| OR BEFORE 15.11.2021 TO THE SAME LOAN ACCOUNT. |
2 issues framed by the court
Whether a loan account regularisation order can be granted pending in consumer forum on condition of withdrawing the complaint.
Whether the petitioner is permitted to regularise the loan account in fifteen equal monthly installments.
A. Suseela
Registrar of Co-operative Societies, Thiruvananthapuram
Joint Registrar, District Co-operative Bank Ltd.
District Co-operative Bank Ltd.
Kerala State Co-operative Bank Ltd.
Sathish Ninan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
