M.THANIKACHALAM, J. - (1.) The complainants are the appellants.
(2.) The complainants/appellants, had borrowed a loan from Vysya Bank Housing Finance Ltd., to the extent of Rs.13,00,000/-, which was taken over by the opposite party, at the request of the complainants, and the complainants who have agreed to repay the loan on instalment basis, unable to pay the same, and therefore, they requested one time settlement which was agreed, for a sum of Rs.14.26,268/-, should be paid on or before 31.3.2006. Unfortunately, the complainant, due to financial constrains, unable to accept the offer of OTS, for which they have requested the opposite party to reconsider the offer, as per the letter dt.27.1.2006.
(3.) The opposite parties, instead of reconsidering the request made by the complainants, issued a notice under Sec.13(2) of SURFAESI ACT, claiming a sum of RS.16,13,152/-, against one time settlement of Rs.14,26,268/-, for which also, a sum of Rs.10000/- was paid on 0.6.2006, thereby the opposite parties have committed deficiency in service, once again. When the complainants have made the request once again, the opposite party agreed to settle the amount, and on that basis, mobilizing fund, the complainants have paid a sum of Rs.13,70,000/- on 19.6.2006, requesting to waive the balance of Rs.56,268/-. The opposite parties, and their officials, promising to consider the request, making delay, levied penal interest, thereby the complainant was compelled to pay the excess amount, than the amount agreed to receive, as per the order dt.20.6.2006. Thus they have committed deficiency in collecting excess amount, causing mental agony. Thus alleging, a consumer complaint came to be filed, for the recovery of a sum of Rs.187778/-, with interest thereon, alongwith compensation of Rs.2 lakhs.;