JUDGEMENT
M.THANIKACHALAM J. -
(1.) The opposite parties 1 & 2 are the appellants.
(2.) The complainant/1st respondent filed a complaint before the District
Forum, seeking the relief to send a summon to the opposite parties and
take into consideration all the documents filed along with the
complainant and the opposite parties under Sec.12 of the Consumer
Protection Act and punish the opposite parties, to pay a sum of
Rs.5,00,000/- towards compensation for the illegal threat.
(3.) The complainant case in brief is, the complainant is a practicing
Doctor. Prior of 26.5.99 the complainant applied for loan for
Rs.4,00,000/- and cleared Rs.3,70,000/-. Opposite parties 1 and 2 agreed
to grant Rs.7,00,000/- after adjusting pending amount and accordingly a
sum of Rs.6,24,504/- was granted on 26.5.99 to be repaid at Rs.20,930/-
EMI for 48 months from 1st June 1989 and after paying 15 instalments he
has preclosed the loan, by paying Rs.5,11,100/- on 28.8.2000 by way of
demand draft and request was made to the concerned opposite parties 1 and
2 to stop payment for the 3 cheques dated 1.9.2000, 1.10.2000 and
1.4.2003 and in spite of that 3rd and 4th opposite parties presented the
cheques for collection which were not honoured. On 30.5.2006 on the basis
of telephone call from one Ananthakumar of Chennai, the Lawyer of the 1st
and opposite parties informed an alleged balance of Rs.70,000/- to be
paid before 5.00 pm on 30.5.2006 failing which arrest warrant will be
executed and on the basis of the same when the complainant contacted City
Bank, Chennai and from there to Coimbatore in turn as directed by the
officers and one Senthilkumar was deputed for collection of Rs.70,000/-
and the same was paid for which a receipt was issued for Rs.38,657/- and
a letter dated 12.6.06 from the 2nd opposite party intimated that the
account was closed. After keeping silent for more than 6 years from
28.2.2000, the 1st opposite party in a sudden manner with threatening
instructions compelled to the complainant to pay Rs.70,000/- and thereby
he issued a legal notice on 12.7.2006 and no response was made for the
same.;
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