The present complaint has been filed by the titled super senior citizen Sh.Budh Singh enjoined by his senior citizen Son Phuman Singh, his Wife Smt. Amarjit Kaur against the herein titled opposite party Axis Bank, Gurdaspur; upon being subjected to an open exhibit of callous attitude, deficiency in service/employ of unfair trade practices subjecting them to an unscrupulous exploitation etc and have thus sought a compensation of Rs.1 Lac for having suffered physical harassment/mental agony and Rs.20,000/- in lieu of litigation expenses, all for the sake of good conscious, natural justice and equity.
2. The complainants were sanctioned a Cash Credit Limit of Rs.14 Lac in their joint A/c: 910030004191457 against immovable property and had utilized the same in terms of the related sanction so long as its operation/repayment were concerned and in May’2021, the entire account outstanding were deposited and request for loan closure with the OP Bank was duly filed by the complainants to get the mortgaged property charge-vacated.
3. Somehow, the OP Bank delayed/deferred their response as well as the issuance of the requisite ‘No Dues Certificate’ and also the complainants being aged/elderly persons could not exercise a regular follow-up and as such the OP Bank summoned all the three complainants to the Bank on the pretext of updating/charging interest, in their presence and there asked them to sign the loan-account closure documents and also to deposit the outstanding sum of Rs.124.46 p in the account; that were duly deposited and the request for closure of loan account facility and issuance of the NDC was also repeated. However, the OP Bank did not close the loan-account and instead started persuading/pressurizing the complainants to utilize the loan facility and continued levying of annual and other charges etc to the tune of Rs.5,000/- per year sans utilization/usage etc.
4. The complainants have alleged this non-closure of the loan A/c in non-compliance to their request/instructions by the OP Bank as an unauthorized act and have further addressed this act of the OP Bank as illegal, null and void, arbitrary and cryptic and also against the Banking Rules as the OP Bank was duty-bound to have closed the account in accordance with their customers’ instructions and presently they have committed a civil- wrong in law against the complainants to whom even the copies of Loan documents and even of Sanction/Account Statement were refused. The complainants had also got served upon the OP Bank the Legal Notice on 17.08.2021 (Ex.C1) through Registered India Post (Ex.C2/Ex.C3) but even that did not work. Hence, the present complaint accompanied by the mandatory Affidavit (Ex.CW1/A) along with the above exhibits Ex.C1 to Ex.C3 stands filed seeking directives to the OP Bank i) to close the Loan Account; ii) to issue No Dues and iii) to pay Rs.1 Lac as compensation & Rs.20,000/- as cost of litigation to the complainants, in the interest of justice.
5. The Opposite Party Bank were noticed to appear before the Commission on 31.10.2022 vide the summons nos.1348 and 1349 both dated 19.09.2022 and duly served upon them by the Official Server Sh.Sajan Gill and as duly receipted/acknowledged by the Senior Branch Manager Ms. Reema on 20.09.2022 and by the Bank’s Area Manager Sh.Gurjinder Singh on 11.10.2022. However, none appeared on behalf of the OP Bank as were called upon many times during the day and awaited till 4:00 p.m. on 31.10.2022 and also on the next adjournment on 10.11.2022 when the OP Bank were ordered to be proceeded against ex-parte vide interim orders dated 10.11.2022.
6. We have carefully examined the documents/evidence produced on record (along with the scale and scope of ‘adverse inference’ for those ignored to be produced, in order to determine the complainants’ claim as pleaded forth during the present proceedings in the light of the arguments as advanced by the learned counsel representing complainants.
7. We also note the intentional non-attendance in the present proceedings by the OP Bank in the light of the factum-probans (pl. facta probantia) by way of the duly receipted/acknowledged commissions’ notices/summons by the OP Bank sufficiently/adequately do prove the factum prbandum (pl. facta peobanda) that the OP Bank had nothing to plead/ put-forth in prosecution of its defense.
8. We observe that non-compliance of the complainants’ account-closure instructions by the Bank and further its intentional non-attendance of the present court-proceedings, do prove ‘deficiency in service’ on the OP Bank’s part at its best and at the same time do indicate something suspiciously unauthorized continuing behind the scene.
9. The OP Bank's no-reply/non-response to the complainants’ Legal Notice (Ex.C1 to Ex.C3) further strengthen our above opinion and as such the complainants’ pleadings/depositions do pass un-rebutted to give way to circumstantial evidence, in support. We observe that even the herein complainants have not been able to produce an absolute/complete evidence in support of their allegations that however get reasonably covered up vide their pleadings/depositions that the OP Bank had refused to deliver/supply them the related Sanction as well as Statement of Account of the credit facility.
10. We are inclined to withhold our otherwise implied comments on the working of the OP Bank, having guided by the meritorious principle in law that goes somewhat as:
‘No one should be condemned unheard’!
11. In the light of the all above, we find that the OP Bank has violated the statutory consumer rights of the complainants causing them inconvenience, physical harassment, mental agony and an apparent financial loss and thus hold the OP Bank liable to an adverse order under the applicable statute.
12. Thus, we partly allow this complaint and ORDER the OP Bank i) to close the complainants’ loan account by deleting/reversing all the impugned debit entries as effected in the account after the receipt of the account-closure request in the month of May’2021 (except simple interest at documented rate) till May 2021 ( the exact date of a/c closure request shall be disclosed/verified by OP'S) and refund the outstanding credit balance, if any; ii) to issue the No Dues Certificate from the date of a/c closure and also deliver back all the securities held in the Loan A/c; besides iii) to pay them an amount of Rs.20,000/- in lump sum as compensation and cost of litigation within 45 days of receipt of certified copy of these orders otherwise the awarded amount shall attract interest @ 9% PA with effect from the date of the present orders till realization/ compliance.
13. However, the opposite party Bank shall be at liberty to proceed against its own delinquent officers/officials and/or other accused (as per its own belief/suspicion/choice/advice/findings etc) but in accordance with law and as per the procedure established in law.
14. The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.
15. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to record.
(Naveen Puri)
President.
ANNOUNCED: (B.S.Matharu)
JAN. 12, 2023. Member.
YP.
