Allowed

Arumughan v. Vallanghi-Vithanassery Service Co-Operative Bank LTD.,NO.282

Kerala HC12 Feb 2024WP(C)/1361/2024

Case brief

AI extract

What is this about?

In this writ petition, the High Court of Kerala issued directions to a petitioner facing default on a housing loan. The court ordered the bank to provide a statement of dues and allowed repayment in fifteen monthly installments, keeping coercive proceedings in abeyance, subject to strict adherence.

What did the court decide?

Directions issued to the Bank to provide a statement of dues within two weeks. Petitioner to repay the amount in fifteen equal monthly installments. Coercive proceedings kept in abeyance; two defaults

Arumughan Vs Vallanghi-Vithanassery Service Co-Operative… — Consumer Protection | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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MONDAY, THE 12TH DAY OF FEBRUARY 2024 / 23RD MAGHA, 1945
WP(C) NO. 1361 OF 2024

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PETITIONER:

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ARUMUGHAN
AGED 69 YEARS
S/O.KUPPAN,PULIKKAL THARA, VALLANGHY, NENMARA,
PALAKKAD DISTRICT., PIN – 678508

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BY ADV K.A.SREEJITH

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RESPONDENTS:

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1VALLANGHI-VITHANASSERY SERVICE CO-OPERATIVE BANK
LTD.,NO.282,
VITHANASSERY, PALAKKAD, REPRESENTED BY ITS SECRETARY,
PIN – 678508
2SPECIAL SALE OFFICER
AYILOOR SCB GROUP, CHITTUR, OFFICE OF THE ASSISTANT
REGISTRAR(GENERAL), CHITTUR, PALAKKAD., PIN – 678101
BY ADV
V.A.JOHNSON (VARIKKAPPALLIL) V A

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 1361 OF 2024 2

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JUDGMENT

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The petitioner states that he had availed a housing loan from the first respondent Bank in the year 2015. He asserts that he had been suffering from various ailments and, therefore, was not in a position to make payments to the Bank on time. Reliance has placed on Exts.P1 to P2 Medical Certificate to substantiate his contention. When default was committed, Ext.P3 notice has been issued threatening the sale of the property mortgaged. The above action has led the petitioner to approach this Court seeking directions.

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Learned Standing Counsel appearing for the respondent submits the total outstanding as of today is Rs.7,12,988/-. It is submitted by the learned counsel that the Bank is willing to grant an opportunity to the petitioner to clear the outstanding but submits that not more than six(6) installments be granted.

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Upon careful consideration of the submissions made by both parties, it is evident that the petitioner owes in excess of Rs.7 lakhs to the first respondent Bank. The respondents, very fairly, have agreed to permit the petitioner to settle these debts through a limited number of installments. As a measure of last resort, I am inclined to issue directions to facilitate the petitioner in discharging his financial obligations to the first respondent. This approach is

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WP(C) NO. 1361 OF 2024 3

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deemed necessary to provide a structured pathway for the petitioner to clear off his monetary liabilities in a manageable manner.

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Resultantly, this writ petition is ordered, and the following directions are issued:

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1 The petitioner shall approach the first respondent with a request to inform him of the details of the outstanding, together with interest and other charges due from him in respect of the loan account. If such a request is made within two weeks from the date of receipt of a copy of this judgment, the respondent shall forthwith issue a statement in writing detailing the amounts due.

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2 On receipt of such a statement, the petitioner shall pay the amount shown therein in fifteen (15) equal monthly installments commencing from 15.3.2024 and continue to pay the same on every successive month thereafter until the entire loan is wiped off.

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WP(C) NO. 1361 OF 2024 4

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3 If the amounts are diligently paid in terms of the directions above, coercive proceedings initiated against him by the respondent for the realization of the amount shall be kept in abeyance.

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4 It is made clear that if the petitioner commits default of any two installments, he will lose the benefit of this judgment, and the concerned respondent will be free to continue the recovery proceedings against him from the stage at which he presently stands and recover the entire amount along with interest and other charges.

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5 It is further made clear that no application for an extension of time will be entertained.

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 Sd/-

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RAJA VIJAYARAGHAVAN V JUDGE

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vv

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WP(C) NO. 1361 OF 2024 5

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APPENDIX OF WP(C) 1361/2024

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PETITIONER EXHIBITS

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EXHIBIT P1THE TRUE COPY OF THE DISCHARGE
SUMMARY OF PETITIONER ISSUED BY
AHALIA DIABETS HOSPITAL, PALAKKAD
DATED ON 2/7/2016
EXHIBIT P1(A)THE TRUE COPY OF THE DISCHARGE
SUMMARY OF PETITIONER ISSUED BY
AHALIA DIABETS HOSPITAL, PALAKKAD
DATED ON 22/07/2016
EXHIBIT P2THE TRUE COPY OF THE CERTIFICATE
ISSUED BY DR KRISHNADAS .T ,
NEPHROLOGIST AND MEDICAL CONSULTANT ,
PALAKKAD DISTRICT HOSPITAL ON
4/12/2023
EXHIBIT P3THE TRUE COPY OF FORM NO 6 NOTICE
ISSUED BY THE 2ND RESPONDENT ON
23/11/2023

Arumughan v. Vallanghi-Vithanassery Service Co-Operative Bank LTD.,NO.282

Case brief

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Arumughan v. Vallanghi-Vithanassery Service Co-Operative Bank LTD.,NO.282

Case brief

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