West Bengal

Bankura

CC/24/2019

Sri Mangal Prasad Adhvarya - Complainant(s)

Versus

Bangiya Gramin Vikash Bank - Opp.Party(s)

Self

20 Oct 2022

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION BANKURA

Consumer  Complaint No. 24 / 2019

Date of Filing : 01.04.2019

Before:

1. Samiran Dutta                Ld. President.       …..

2. Rina Mukherjee               Ld. Member. 

3.  Sudhakar Ghosh             Ld. Member.

 

For the Complainant: Self

For the O.P.:  None

Sri Mangal Prasad Adhvaryu, S/o Lt. Madan Mohan Adhvaryu residing at Schooldanga, P.O. & P.S. – Bankura, District – Bankura and at present posted as on officer MMG-II, Group – A of Bangiya Gramin Vikash Bank at Kharkusma Branch, Post – Kharkusma, within P.S. Garbeta and District Paschim Medinipur                                          ……………......………………..Complainant

 

                                                                 V e r s u s

 

1. Bangiya Gramin Vikash Bank a body corporate having its Head Office at Berhampore, P.O. Berhampore, District Murshidabad, Pin – 742101 and represented by the Chairman.

2. Branch Manager of Bangiya Gramin Vikash Bank, Kamalpur Branch, P.O. Kamalpur, P.S. Chhatna, District-Bankura, Pin – 722137.

3.  Regional Manager of Bangiya Gramin Vikash Bank having his office at College

      Road, P.O. + Dist – Bankura, Pin – 722 101                                .......................Opposite Parties.

FINAL ORDER / JUDGEMENT

Order No.25

Dt. 20-10-2022

The complainant is present in person by filing  hazira and also Written Argument with Annexures.

The case is taken up for Ex-Parte hearing as fixed for.

Complainant’s case is that he was the erstwhile employee of the O.P. Bank, now retired, took House Repairing loan of Rs.2 lacs on 06-06-2003 and it was sanctioned vide Sanction Order No.MGB/HO/Credit/89/03, dated: 06-06-2003 under loan Account No.5276300000064. The said loan was disbursed in three phases:

Rs.1,00,000/- ……….09-06-2003

Rs.50,000/-     ……….26-06-2003

Rs.50,000/-      ……….27-06-2003

                                                                                                                                             Contd……p/2

Page: 2

and payable with EMI of Rs.2,261/-  for 180 months @11% per annum (floating) with annual rest as per terms and condition of the loan. The Complainant had to pay Rs.4,06,980/- as full and final settlement of loan account and he has already paid Rs.3,58,019/- deducted from his salary A/c prior to 31-03-2018 and thus a sum of Rs.48,961/-( Rs.4,06,980 – Rs.3,58,019) is still due  in the loan A/c of the Complainant just before 31-03-2018 but all on a sudden behind the back and knowledge of the Complainant and without his notice a sum of Rs.2,58,637/- has been deducted from his other Account and credited to the said loan account. Thus a total sum of Rs.6,34,744/- including the amount already paid i.e.Rs.3,58,019/- has been credited in the loan account of the Complainant in stead of Rs.4,06,980/- which is actually payable by the complainant. The Complainant has  already made an excess payment of Rs.2,27,764/- (Rs.6,34,744/- - Rs.4,06,980/-)which he is entitled to get refund from the Bank Authority. In spite of repeated reminders, persuasion through correspondence the Bank authority was adamant not to adjust the excess amount and refund the same to the Complainant and ultimately he has approached this Commission for appropriate relief for the payment of said excess amount with interest and compensation.

The case was filed long back on 01-04-2019 and notice was duly served upon the O.P. Bank and by letter dated:28-06-2019 on the letterhead pad the Bank authority prayed for adjournment on the ground of cease work by the local Bar Association and since then the case was being adjourned from time to time for filing W.V. and lastly on 19-07-2022 when the Covid 19 pandemic had already ceased an order was passed by this Commission by giving further opportunity to the O.P. to file W.V. and the copy of the said order was communicated to the Bank authority. No lawyer has still been appointed by the O.P. though the cease work by the local Bar Association  is not a bar to appoint any lawyer on behalf of the O.P. Bank. The Commission has made all the best efforts to bring the O.P. on record to contest the claim of the complainant but in spite of all efforts the O.P. Bank has deliberately and knowingly abstained from taking part in the hearing and in fact indulged the case to be heard Ex-Parte.

In support of the claim the complainant has produced a plethora of documents and he himself being Bank employee has prima facie convinced the Commission to establish his claim. We have nothing to disbelieve the complainant’s case. Thus the case succeeds Ex-Parte.

                                                                                                                                              Contd……p/3

 

Page: 3

 

Hence it is ordered………….

that the complainant’s case No. being C.C.24/2019 is allowed Ex-Parte against the O.P.s. O.P.s are directed to pay to the Complainant Rs.2,27,764/- with compensation of Rs.50,000/- within one month from this date failing which the O.P. has to pay interest on the decretal amount @10% p.a. till realization.

 

Let a copy of this order be given to both parties free of cost. The Complainant is directed to serve the copy of this Ex-Parte order upon the O.P.s for early compliance.

 

                             . __________________                               ________________                                ________________

                       HON’BLE   PRESIDENT                           HON’BLE    MEMBER                      HON’BLE    MEMBER