Haryana

Jind

105/13

Neeraj Kumar - Complainant(s)

Versus

Bank Of India - Opp.Party(s)

Sh Gulshan Arora

13 Nov 2015

ORDER

BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JIND.

                                           Complaint No. 105 of 2013

   Date of Institution: 14.5.2013

   Date of final order: 16.11.2015

 

Neeraj Kumar son of Sh. Sohan Lal resident of house No.1122-A Housing Board Jind C/o DAV School, Jind.

                                                                    ….Complainant.

                                       Versus

Bank of India, Jind through its Branch Manager.

                                                            …..Opposite party.

                          Complaint under section 12 of

                          Consumer Protection Act, 1986.

 

Before: Smt. Bimla Sheokand, Presiding Member.

            Sh. Mahinder Kumar Khurana, Member.           

 

Present: Sh. Gulshan Arora, Adv. for complainant.

             Sh. A.K. Singla, Adv. for  opposite party.

            

ORDER:

             The brief facts in the complaint are that the complainant having saving bank account No.674010100015630 with the opposite party. The complainant took personal loan to the tune of Rs.1,00,000/- on 3.9.2010 vide account No.674060210000068 with the opposite party and he authorized the opposite party to withdraw the amount of installments of loan amount from his  above said saving bank account number. The sufficient balance as on 30.7.2011, 30.8.2011 and 29.9.2011 in his saving account number and the opposite party started to withdrawing the  loan

                        Neeraj Kumar Vs. Bank of India

                                        …2…

amount  in  installments.  The complainant depostied a sum of Rs.50,000/- on 14.1.2013 in his loan account but the opposite party has not shown the above said amount deposited in his loan amount. Thereafter, the complainant met the bank official and the bank official shows the above said amount deposited in his account on 31.1.2013 after a delay of 16 days. The complainant is entitled to interest of 16 days on Rs.50,000/- with the opposite party.  Deficiency in service is alleged on the part of the opposite party. It is prayed that the complaint be accepted and opposite party be directed to refund the penal interest of 16 days on Rs.50,000/-  as well as to pay a sum of Rs. 50,,000/- as compensation on account of mental pain and agony to the complainant.

2.     Upon notice, the opposite party has put in appearance and filed the written statement stating in the preliminary objections i.e. the complainant  has no cause of action and locus-standi to file the present complaint; the complaint is not maintainable in the present forum and the complaint is false and frivolous. On merits, it is contended that  it is the duty of the complainant to maintain the loan amount properly and should be careful for deposit of the due amounts. The loan account was already N.P.A. and amount deposited was not accepted by the computer generated system in routine on 14.1.2013 and the amount paid was deposited in sundry account by the bank official and later on the same amount was deposited in the loan account. The opposite

                        Neeraj Kumar Vs. Bank of India

                                        …3…

party had paid Rs.330/- and Rs.31/- after making a revised entry of charged interest and penal interest and deposited the same in SB account of the complainant on 4.7.2013. Therefore, there is no deficiency in service on the part of the opposite party. Dismissal of complaint with special heavy cost is prayed for.

3.       In evidence, the complainant has produced his own affidavits Ex. C-1 and C-4, copy of  statement of account Ex. C-2 and  copy of document Ex. C-3 and closed the evidence.  On the other hand, the opposite party has produced the copies of statement of account Ex. OP-1 and Ex. OP-2 and closed the evidence.

4.       We have heard the arguments of Ld. Counsel of both the parties and also perused the record placed on file. The Ld. Counsel of the complainant has argued that the complainant has been paying regularly the installments of the loan account and on 14.1.2013 he has depositsed Rs.50,000/- in his loan account. But the opposite party has not shown the deposit of Rs.50,000/- in the loan account of the complainant.

5.       On the other hand,  the Ld. Counsel of opposite party has argued that the above said loan account was N.P.A. and that is why the amount of Rs.50,000/- was deposited in the sundry account by the bank officials.

6.       The complainant met the bank officials on 31.1.2013 and then the amount was adjusted in his loan account. The complainant demanded for 16 days interest and also compensation for mental pain and agony.

7.       After hearing the Ld. Counsel of both the parties and going through the facts and circumstances. In our view there is deficiency in service on the part of the opposite party. The complaint is allowed and opposite party is

                             Neeraj Kumar Vs. Bank of India

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directed to pay interest on Rs.50,000/- for 16 days as per norms of the bank to the complainant within one month of the date of decision, failing which a simple interest of 9% p.a. will be charged from the date of filing of complaint i.e. 14.5.2013.  The opposite party is further directed to pay a sum of Rs.5000/- (Rupees five thousand only) as compensation on account of mental pain and agony and also pay Rs.2100/-( Rupees twenty one hundred only) as litigation expenses to the complainant.  Copies of order be supplied to the parties under the rule. File be consigned to record room after due compliance.

Announced:  16.11.2015                                   Presiding Member,

                                                                District Consumer Disputes

Member                                                   Redressal Forum, Jind.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                          Neeraj Kumar Vs. Bank of India

                                                                         

Present: Sh. Gulshan Arora, Adv. for complainant.

             Sh. A.K. Singla, Adv. for  opposite party.

            

                Arguments heard. To come up on  16.11.2015 for orders.

  Member                                                                  Presiding Member

                                                                                    DCDRF Jind

                                                                                      13.11.2015

 

Present: Sh. Gulshan Arora, Adv. for complainant.

             Sh. A.K. Singla, Adv. for  opposite party.

            

             Order announced, vide our separate order of even date, the complaint is  allowed. File be consigned to record room.

                                                             Presiding Member,

                Member                                    DCDRF, Jind

                                                                 16.11.2015