M. THANIKACHALAM J. - (1.) The opposite party who suffered on adverse order in the hands of the lower Forum is the appellant.
(2.) The respondent herein as complainant approached the District Consumer Disputes Redressal Forum, Thanjavur, for the return of a sum of Rs.19,440/- with interest thereon at 12% per annum, in addition too, for compensation of Rs.50,000/-, on the grounds that he had borrowed a sum of Rs.2,43,000/- as loan from the opposite party for the purchase of a Ambassador Car, agreeing to repay the same with interest thereon, on installment basis within 5 years; pursuant to the sanctioning and as per the agreement, within 4 years, paid the entire amount, that for the prompt repayment of the loan, he is entitled to 2% rebate, which was not paid, despite the demand, thereby causing mental agony and therefore the District Forum should direct the opposite party, to pay the said amount.
(3.) The respondent/opposite party in its Written Version, admitting the sanctioning of the loan as well as the repayment of the same, would contend that the complainant has not paid the installments promptly, within the due dates, and therefore he is not entitled for rebate, that the amount was sanctioned under the State Financial Corporation Act, 1956 and therefore the case before Consumer Forum is not maintainable, and that since the complaint has been filed after one year, after settlement, the complaint should be dismissed with exemplary cost.;