Order No.  26  dt.  03/05/2017

       The case of the complainant in brief is that the complainant applied for educational loan for his studies at ICFAI university, Hyderabad in Electronics and Telecommunication Engineering and o.p. bank provided the said loan. At the time of obtaining loan the complainant’s father Dilip Kr. Jana stood as a guarantor in respect of the said loan. During the process of the sanction of loan the complainant furnished some documents including NSC, LIC policy, etc. The o.p. bank after the maturity of those documents viz. NSC and other documents had to realized the matured amount. The guarantor also intimated the bank to adjust the loan amount with the fixed deposit to minimize the principal as well as to reduce the interest amount. In spite of reminder to the Branch Manager of o.p. bank, the said bank did not reply the guarantor. On the basis of the said fact and after thorough review of the statement it was noticed that the adjustment request was only put to effect on 9.2.10, thereby attracting additional interest to the complainant / guarantor. On the basis of the said fact the complainant filed this case praying for waive the additional interest liability on the complainant / guarantor along with other expenses amounting to Rs.60,000/- and compensation of Rs.1 lakh and Rs.1 lakh for harassment and litigation cost of Rs.5000/-.

            The o.ps. contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that o.ps. in course of banking operation system and activities the bank authorities are in duty bound to follow the guidelines of bank services to the specific nature and limits to perform the sanction of educational loan scheme upon the student borrower. The o.ps. on the basis of an application for educational loan of the complainant sanctioned the said educational loan on 29.7.05 and rate of interest was fixed @ 9% per annum in simple interest and gestation period to be repayment by 60 monthly installments starting from the 7^th month of getting the job of the 10^th month of completing the course of whichever is earlier. At the time of obtaining loan the complainant executed a composite agreement in favour of the o.ps. wherein the complainant borrower gave an undertaking that borrower shall pay interest on the advance or the balance due from time to time at the applicable PLR 10.5% +/- spread of 1.5%, presently 9.9.% per annum. The borrower shall bear loss or damage caused for any reason to the hypothecated property etc secure to the bank and shall make good the deficiency by cash payment or giving additional security approved by the bank. The guarantor of the loan in order to secure the loan furnished some documents including 5 nos. of LIC policies totaling sum of Rs.1,17,742/-, 5 nos. of 6 years NSCs totaling some of s.91,938/- for disbursement of sanctioned education loan of Rs.4 lakhs. The o.p. no.3 sent several letters to the Post Master, Bhawanipur Post Office for forfeiture of NSCs non receipt of maturity proceeds of 4 nos. of NSCs realizing / clearance in favour of the Andhra Bank, Chowringhee Branch but no action was taken. Post Master, Bhawanipur Post Office wrote a letter for clearance ofhe amount in favour of the Andhra Bank but no action was taken by Head Post Master, Tollygunge Post Office. The o.p. no.3 repeatedly pursued the matter to the post master of different post offices including PMG, West Bengal but no positive action was taken by the post office authorities. The Asstt. General Manager of o.p. no.3 also served a notice to Post Master, Bhawanipur Post Office for non encashment of certificate but no action was taken. The o.p. no.3 after perusing the matter collected the duplicated cheque from the post office and credited to the complainant’s educational loan amount and after adjustment of the said amount the educational loan amount stood at Rs.1,53,897/- but the complainant did not take any care for payment of his loan liabilities. Because of non cooperation on the basis of the post master which was fully in the knowledge of the complainant, the complainant by making a false allegation filed this case against the o.p. bank by making allegation that there was deficiency in service on the part of o.ps. for non realizing the placed NSCs after maturity. The branch manager of o.p. no.3 provided a bank statement to the complainant for demanding the outstanding amount of Rs.1,56,679/- but the complainant did not pay the said amount. By suppressing the said fact the complainant filed this case. In view of the said fact o.ps. prayed for dismissal of the case.

            On the basis of the pleadings of parties the following points are to be decided:

1. Whether the complainant took loan from the o.p. bank.
2. Whether some documents were handed over by the guarantor on behalf of the complainant for securing loan from the bank.
3. Whether there was any deficiency in service on the part of o.p. bank for realizing the amount matured in the post office and the adjustment of the said amount with the loan amount.
4. Whether there was any unfair trade practice adopted by o.p. bank.
5. Whether the complainant will be entitled to get the relief as prayed for.

Decision with reasons:

            All the points are taken up together for the sake of brevity and avoidance of repetition of facts.

            Ld. lawyer for the complainant argued that in order to get educational loan the complainant approached the o.p. bank and the bank at the time of disbursement of loan obtained several documents including the LIC policies, NSC, etc. but due to the fault on the part of bank for realization of the matured some of the NSC and after recovery of the sum from the post office and with the adjustment of the loan amount o.p. bank committed some delay for which the complainant had to pay the excess amount for realization of the said amount the complainant filed this case. Since the complainant was harassed by o.p. bank therefore the complainant also prayed for compensation and litigation cost.

            Ld. lawyer for the o.ps. argued that as per the application made by the complainant the educational loan was sanctioned to the tune of Rs.4 lakhs and the rate of interest was fixed at 9% p.a. and other conditions were provided towards the repayment of the loan amount. The o.ps. argued that the NSCs which were stood in the name of Dilip Kr. Jana the guarantor father of the complainant Pradip Kr. Jana. The facts and circumstances clearly established that the main allegation of the complainant ought to have been against Post Master, Bhawanipur Post Office but the said post office has not been a party in this case and for non joinder of necessary parties the case must fail. The complainant in order to evade the payment of the outstanding liabilities filed this case by making false allegation against the o.ps. Considering the facts and circumstances of the case o.ps. prayed for dismissal of the case since necessary party has noit been impleaded and if the Bhawanipur Post Office would have been made a party the entire matter could have been clarified. The o.ps. all through requested the Bhawanipur Post Office as well as Tollygunge Post Office and PMG, West Bengal requesting for disbursement of the amount in favour of the bank after the maturity of those NSCs but no action was taken on behalf of the post office and subsequently after the issuance of duplicated cheque by post office and adjustment of the amount with the loan amount there was some delay for which bank had no role to play. After calculation of the account it was found that the total due from the complainant was Rs.1,50,679/-. In order to evade the payment of the said outstanding dues the complainant filed this case by making false allegation against the o.ps. praying for compensation and other reliefs.

            Considering the submissions of the respective parties it appears that the complainant took loan of Rs.4 lakhs towards pursuing further status and the loan was sanctioned as educational loan. The complainant in order to secure the said loan the father of the complainant Dilip Kr. Jana furnished some documents including LIC policies, NSCs etc. After receiving those documents bank disbursed the loan to the complainant. It is also found from the materials on record that the bank on numerous occasions wrote to Post Master, Bhawanipur Post Office and Head Post Master Tollygunge Post Office for forfeiture of 4 nos. of NSCs non receipt of maturity proceeds as security for availing credit facility to Pradip Kr. Jana whereupon Tollygunge Post Office by sending a letter asked for confirmation of NSCs a clearance maturity process status report of the Post Master, Bhawanipur Post Office towards Andhra Bank, but no action was taken. It also appears from the materials on record that Asstt, General Manager of o.p. no.3 wrote to PMG, West Bengal for encashment of 4 nos. of NSCs submitted by the complainant. In order to prove the same the documents have been filed by o.ps.

            On perusal of the documents as well as the materials on record it is crystal clear that the complainant in order to evade the outstanding dues to the bank falsely made allegation against the bank, but actually in order to clarify the matter the complainant ought to have made the Bhawanipur Post Office as a party to this case. The complainant in order to suppress the said fact manufactured the false story against the o.p. bank and since the bank demanded the outstanding amount and for non payment of the said amount the complainant made false allegation against the bank that due to non adjustment of the matured NSC amount with the outstanding amount of the complainant, the complainant has suffered financial loss. The complainant in order to bring the actual fact before this Forum ought to have made the Bhawanipur Post Office as a party to this case. Non joinder of the necessary party is very much fatal and the complainant has not come with clean hands, therefore the complainant will no be entitled to get any relief as prayed for.          Thus all the points are disposed of accordingly.

            Hence, ordered,

            That the CC No.287/2012 is dismissed on contest without cost against the o.ps.  

            Supply certified copy of this order to the parties free of cost.