Uttar Pradesh

Aligarh

CC/172/2023

MOHAMMAD AFSAR KHAN - Complainant(s)

Versus

BANK OF BARODA - Opp.Party(s)

12 Feb 2024

ORDER

न्यायालय जिला उपभोक्ता विवाद प्रतितोष आयोग
अलीगढ
 
Complaint Case No. CC/172/2023
( Date of Filing : 18 Sep 2023 )
 
1. MOHAMMAD AFSAR KHAN
S/O HAZI ANWAR KHAN AGE ABOUT 55 YEARS R/O 3/49D LAL DIGGI ROAD GULMARG COLONY ALIGARH
...........Complainant(s)
Versus
1. BANK OF BARODA
OLD BUS STAND ALIGARH THROUGH BRANCH MANAGER
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. HASNAIN QURESHI PRESIDENT
 HON'BLE MR. ALOK UPADHYAYA MEMBER
 HON'BLE MRS. PURNIMA SINGH RAJPOOT MEMBER
 
PRESENT:
 
Dated : 12 Feb 2024
Final Order / Judgement

Case No. 172/2023   

IN THE MATTER OF

 Mohammad Afsar Khan S/o Haji Anwar Khan age about 55 years R/o 3/49 D Lal Diggi Road, Gulmarg Colony, Aligarh

                                   

                                           V/s

 

Bank of Baroda Old Bus Stand, Aligarh through Branch Manager

 

CORAM

 

Present:

  1. Shri Hasnain Qureshi, President
  2. Shri Alok Upadhayay, Member
  3. Smt. Purnima Singh Rajpoot, Member

 

PRONOUNCED by Shri Hasnain Qureshi, President

 

JUDGMENT

 

 

  1. The present complaint has been filed by the complainant before this commission for  the following reliefs-
  1. . The Op be directed to furnish the statement of account with amount of loan and payment of principal amount and interest etc. paid by the complainant.
  2. The Op be directed to refund the excess amount paid by the complainant with interest @12% per annum.
  3. The op be directed to pay  Rs.20000 as the cost of litigation
  1.  Complainant has stated that he was advanced loan by the Vijaya Bank, Aligarh now Bank of Baroda under the scheme HSG- EI-non capitalized bearing account no. 77270600000132 opened on 23.2.2015 and he was again advanced loan by Vijaya Bank now Ban of Baroda bearing account no. 77270600000146 opened on 17.12.2015. Complainant was also advanced loan by Vijaya bank now Bank of Baroda under the scheme EVB- OB- 637 –OB  TO HL Borrowers bearing account no.77270400000055 opened on 4.5.2017. Complainant had been making payment of installments of the loan amount but he could not make payment in the quarter ending September, 2019 due to failure of his business. Notice dated 4.1.2020 was served under the SARFAESI Act, 2002 in respect of the account of credit facilities and notice dated 20.1.2020 in respect of the account of working capital facility. Complainant managed to make payment and the notice under section 13(2) SARFAESI Act, 2002 was not acted upon and he saved the account from being classified as NPA. Complainant had suffered loss in the business on account of Covid-19 pandemic and the account became irregular. Complainant was never informed about the loan moratorium and payment of installments was not deferred by the bank and charged the penal interest while the Hon’ble Supreme Court granted loan moratorium period and Reserve Bank of India also issued circulars in this regard whereby payment of installments of loan account was deferred due to pandemic Covid-19 but the complainant was not provided this facility. Complainant has further stated that the Hon’ble Supreme Court has also observed to avail the facility of restructuring the loan by the individual borrower and there shall not be any charge of compound interest /penal interest during the period of moratorium and any amount already recovered shall be refunded to the concerned borrowers and to give credit in the next installment of the loan amount. Complainant has paid total amount Rs. 515650 and he has paid the amount more than the loan amount and interest and to get the refund of excess amount paid by him. The Op is bound to furnish this statement of account clearly mentioning  the principal amount and interest paid by him.          
  2. Op stated in WS that the complainant was advanced three loan and he has not maintained his accounts properly and his accounts were classified as NPA. Penal interest was levied and recovery is being made as per SARFAESI Act, 2002.Complainant has been supplied the statement of accounts and case has been filed on wrong facts which is liable to be dismissed.   
  3. Complainant has filed his affidavit and papers in support of his pleadings. Ops have also filed affidavit in support of their pleadings.
  4. We have perused the material available on record and heard the parties counsel.
  5. The first question of consideration before us is whether the complainant is entitled to any relief?
  6. Admittedly, the complainant borrowed the loan from the OP bank and he has stated the grounds of loan moratorium as directed and observed by Hon’ble Supreme court. Complainant has referred to a decision dated 23.3.2021 given by Hon’ble Supreme Court in the case Small Scale Industrial V/s Union of India in regard to loan moratorium due to covid-19 Pandemic. OP has not assailed the grounds of loan moratorium alleged by the complainant. Thus the complainant is entitled to avail the benefits of loan moratorium as stated by the complainant. Complainant has stated that he has paid the amount of loan in excess. OP has not clearly stated the amount of loan paid by the complainant disclosing the amount of principal amount and interest etc. OP is liable to disclose the amount paid by the complainant against the principal amount, interest and other charges paid by the complainant. OP is also liable to extend the benefits of loan moratorium. In view of above, complainant is entitled for the reliefs claimed.                          
  7. The question formulated above is decided in favor of the complainant.
  8. We hereby direct the Op to furnish the statement of accounts with amount of loan and payment of principal amount and interest etc. paid by the complainant and to refund the excess amount paid by the complainant with interest @12% per annum. Op is also directed to pay  Rs.10000 as the cost of litigation.
  9. Op shall comply with the direction within 30 days failing which Ops shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him.
  10. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
  11. File be consigned to record room along with a copy of this judgment.

 

                                                                         

 
 
[HON'BLE MR. HASNAIN QURESHI]
PRESIDENT
 
 
[HON'BLE MR. ALOK UPADHYAYA]
MEMBER
 
 
[HON'BLE MRS. PURNIMA SINGH RAJPOOT]
MEMBER
 

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