Complainant by filing this complaint has submitted thatcomplainant nos. 1 & 2 are holding a Savings Bank Account bearing A/c No. 402610100013677 and it is a salaried account of the complainant no. 1 and after his retirement the said account is being used as the account to receive pension of the complainant and complainant is the sole earning member of his family consisting of dependable father, mother, wife and children and no doubt complainant no.2 is son and he is unemployed and struggle to find his way to earn his bread and butter.

          Fact remains for the purpose of the education of the complainant no.2 a education loan was obtained by the complainants from the op/Bank but till now complainant no.2 has failed to get any job and he is still unemployed for which repayment of loan was affected and regular payment of loan could not be made as the whole family of the complainant is dependent on the meager pension of the complainant no.1 which is Rs. 9,738/- per month and even during the stringent financial conditions, complainants as a bona fide customer was putting their best efforts to keep his promise to make payments of the said education loan.  Due to irregular payments some amount remained due and payable by the complainants and for which complainants tried to negotiate with the op in order to get a rescheduled installments of the said education loan.

          But suddenly on 08.03.2014 complainant went to withdraw his pension and he found that from the said Savings Account huge amount was deducted and balance was found at Rs. 612.87 paisa and being shocked and seeing the amount immediately he contacted with the op who intimated him that due to alleged non payment of the said education loan the account has been marked with LIEN and the amount of Rs. 8,558/- has been deducted and so the balance is Rs. 612.87 paisa.

          But fact remains that complainant was never intimated or notified by the op about alleged LIEN, as the law of the land suggests nor he has ever received any demand notice or termination notice from the op/Bank and the act of the op is not only inhuman but also against the law of the land and contrary to legislative action and for which complainant has prayed for declaring alleged LIEN as marked in the Salary Account to set aside and etc.

          On the other hand op by filing written statement submitted that complainants obtained education loan from the op bearing Loan A/c No. 402172210000017 for Rs. 3,13,550/- on 27.09.2008 for pursuing 3 years course of Audiography from Satyajit Roy Film and Television Institute by the complainant no.2.  As per the terms and conditions of the loan payment was to start one year after completion of course or six months after getting employment which is early and the course was scheduled to be completed by 31.07.2011 and complainants did not submit the course completion certificate and his employment status, though the op/Bank sent reminder to the complainants to start repayment from August-2012 vide letter dated 17.10.2012.

          On receipt of the said letter, complainant visited the said branch on 05.11.2012 and informed in writing that he has completed the course and that he did not want to avail any further loan and he also further assured and committed to pay the first 3 EMIs by 25.11.2012 and op/Bank informed the complainant no.2 that if he fails to pay by 30.11.2012, the account shall be classified as NPA on 30.11.2012 as per RBI guidelines.  Since the complainants did not pay a single installment, the account became NPA on 30.11.2012 and the complainants were once again advised to repay the full outstanding dues.  But in spite of repeated reminders the complainants neglected to pay to the op/Bank.

          On 10.02.2014, the op/Bank sent a letter to the complainants advising to pay the overdue amount of Rs. 80,086/- along with interest and further informed that the op/Bank shall be compelled to recover the overdues amount from the savings bank account of the complainant no.1 if the dues are not paid.  But ultimately finding no other alternative, as per the terms of the agreement, the op/Bank was compelled to recover an amount of Rs. 8,858/- from the Savings Bank Account of the complainant no.1 and same was informed to the complainants vide letter dated 05.04.2014 and receipt of the letter, complainant no.1 visited the bank’s branch and committed to repay the said loan.

          But fact remains that as on date there is no LIEN marked on the Savings Bank Account of complainant no.1 and moreover the complainant no. 2 had also written a letter dated 10.09.2014 to the op/Bank praying for one time settlement at Rs. 21,000/- when outstanding in his account came down to Rs. 38,528/-.  Further since the offer of the complainant was not accepted and the complainant kept on repaying his dues from time to time and the outstanding since has come down to Rs. 4,368/- as on 03.11.2014.  So, it appears that the complainants have filed this case only with a motive of unjust enrichment and as such the present complaint should be dismissed and all the allegations are false and fabricated.

Decision with reasons

          On proper consideration of the entire materials on record including the complaint and written version and the materials, it is undisputed fact that complainant nos. 1 & 2 took education loan.  Fact remains that complainant no.2 as student completed his course that has been admitted.  But complainants have not paid any money.  Thereafter the ops sent reminders but they did not pay any heed for which the said account that is loan account was declared as NPA as per RBI guideline.  But in our view the said action on the part of the ops is not illegal. 

          Fact remains that op no.2 prayed for installment but that was not accepted by the op/Bank and this is no doubt administrative jurisdiction action on the part of the op which is not at all illegal and subsequently as per agreement the ops finding no other alternative to release the loan deducted Rs. 8,558/- from the complainant no.1 salary which is not illegal.  But fact remains that outstanding since has come out to Rs. 4,368/- as on 03.11.2014.  So, invariably the complainant ought to have deposited the same to come to end of the entire outstanding and to close the loan account but that adopting such procedure even after repeated reminders of the op, complainant has appeared before this Forum with a prayer for declaring that alleged loan as marked in the Salary Account bearing No. 402610100013677 of the complainants as bad in law and liable to set aside.  But in view of the provision of the C.P. Act 1986 the Forum cannot declare any order of the fact in this regard as bad in law or order of the bank cannot be set aside.  If complainant desired to get such relief he may file a case before Civil Court.

          Fact remains that this Forum can consider whether the action as taken by the op is caused for mental pain, suffering etc. and whether ops rendered any negative service or not. 

          On proper consideration of the entire material in record including the complainants’ written version it is clear that there was no fault, no negligence, no deficiency on the part of the op for deducting such amount from his account for realization of the outstanding education loan which was taken by the complainants for pursuing the three years course of the op no.2 and truth is that op no.2 completed the said course indeed.  Complainants did not clear outstanding dues.  So, we are convinced to hold the action as taken by the ops is no doubt legal valid and as per agreement and for which there is no complaint bears no merit in the eye of law.

          Hence it is

ORDERED

          That the complaint be and the same is dismissed on contest against the op but without any cost.