BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.            

                                                          Consumer Complaint no. 696 of 2019                                                                       

                                                        Date of Institution         :          03.12.2019                                                                            

                                                       Date of Decision   :          05.03.2020

Shree Guru Nanak Building Material, VPO Kariwala Tehsil Rania, Distt. Sirsa, through its Prop. Surjeet Singh aged 32 years.                   

                                                                              ……Complainant.

                                                Versus.

Bank of Baroda, branch Jiwan Nagar, Tehsil Rania, Distt. Sirsa, through its Branch Manager.

                                                                                ...…Opposite party.  

            Complaint under Section 12 of the Consumer Protection Act,1986.

Before:        SHRI R.L. AHUJA…… PRESIDENT.                                                               

                  SMT. SUKHDEEP KAUR……… MEMBER

Present:       Sh. Virender Kamboj, Advocate for complainant.

Opposite party exparte.

ORDER

                                In brief, the case of complainant is that complainant is having an account bearing No. 21200400000465 in op bank since 30.3.2016 and has a Baroda Trade Loan limit of Rs. 15 lacs for this account. Since then complainant is making transactions with the bank. The op had assured that they will take interest on the amount which will be used by complainant. The complainant also paid the interest on the amount which was used/ taken from op bank. It is further averred that on 20.6.2019, the op bank has withdrawn Rs.19,146.46 and Rs. 16,555,46 under CommtCHGS from his above said account without any result, fault, without any intimation or knowledge of complainant. That after coming to know about this fact, the complainant immediately approached to op bank and enquired about this illegal deduction of amount but op did not give any satisfactory reply and started to put the matter off with one pretext or the other. The op bank has never disclosed in their letter that they have deducted the amount as interest on whole amount of Rs. 15 lacs and the said deduction of the amount is totally without knowledge and intimation of complainant. Then complainant also moved an application to op in this regard but op neither replied the same nor adjusted/ re-deposited the above said amount in the account of complainant and also started to threaten the complainant. In this way, op is negligent in service and is harassing and humiliating the complainant without any fault. That due to act and conduct of op, complainant has suffered a great financial loss, mental tension and harassment and is also entitled for compensation to the tune of Rs.50,000/- from op bank besides return of above said amount. Hence, this complaint.

2.                Notice was issued to the opposite party through registered cover but neither RC received back nor opposite party appeared and as a period of more than 30 days elapsed, so opposite party was proceeded against exparte.

3.                The complainant then led his evidence.

4.                We have heard learned counsel for complainant and have gone through the record carefully.

5.                The complainant in order to prove his complaint has furnished his affidavit Ex.PW1/A in which he has deposed and reiterated all the averments made in the complaint. He has also furnished copy of statement of account Ex.PW1 and copy of application Ex.PW2.

6.                It is proved case of complainant that he is holding an account bearing No. 21200400000465 with opposite party bank and availing loan limit of Rs. fifteen lacs. On 20.6.2019 the op bank has withdrawn an amount of Rs. 19,146.46 and Rs. 16,555.46 from account of complainant on account of “Commt” (commitment) charges which fact is evident from copy of statement of account Ex.PW1. During course of arguments, learned counsel for complainant has contended that there was no agreement between the parties for payment of this amount on account of commitment charges. The complainant has also placed on file copy of application Ex.PW2 given to op bank regarding illegal deduction of above said amount which was received by op bank on 7.10.2019.  The opposite party has failed to appear before this Forum to contest the present complaint rather opted to be proceeded against exparte. As such pleadings and evidence led by complainant goes as unchallenged and unrebutted.

7.                In view of above, we partly allow this complaint and direct the opposite party not to recover above said amount from complainant if same is not payable by complainant under terms and conditions of loan agreement and banking rules. In case the above said amount has been recovered/deducted from the account of complainant against terms and conditions of loan agreement and banking rules, the opposite party is directed to refund the said amount to the complainant within a period of 30 days from the date of receipt of copy of this order, failing which the complainant will be entitled to interest at the contractual rate of interest agreed between the parties which the bank is charging on the loan/ used amount by complainant from the date of order till actual realization. No order as to costs.  A copy of this order be supplied to the parties free of costs. File be consigned to the record room.   

Announced in open Forum.          Member                             President,

Dated:05.03.2020.                                                                District Consumer Disputes

                                                                                              Redressal Forum, Sirsa.