West Bengal

Paschim Midnapore

CC/23/2012

Sri Bimal Chandra Saw - Complainant(s)

Versus

Branch Manager of The Medinipur Peoples-Co-Operative Bank - Opp.Party(s)

29 Aug 2014

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

 Complaint case No.23/2012                                                         Date of disposal:29 /08/2014                               

 BEFORE : THE HON’BLE PRESIDENT :  Mr. Sujit Kumar Das.

                                                      MEMBER :  Mrs. Debi Sengupta.

                                                      MEMBER :  Mr. Kapot Chattopadhyay.

  

    For the Complainant/Petitioner/Plaintiff     : Mr. S.K. Jana, Advocate.

    For the Defendant/O.P.S.                           : Mr. A.K Sau, Advocate.                                   

          

    Sri Bimal Chandra Saw, S/o- late Laxmi Kanta Saw resident of Vill-Bilatkuli, P.O.- Duria Radhaballavpur, P.S.- Anandapur, Dist- Paschim Medinipur…………..Complainant

                                                           Vs.

1.  Branch Manager of The Medinipur Peoples-Co-Operative Bank having it’s Branch at Chandrakona, P.O.- Satbankura, P.S.- Garbeta, Dist- Paschim Medinipur.
2. The Chairman represents; The Medinipur  Peoples -Co- Operative Bank Ltd., At:- Aligunj, P.O. & P.S.- Medinipur, Dist- Paschim Medinipur..……………Ops.

The case of the complainant Sri Bimal Chandra Saw, in short, is that as a borrower he paid 223781/- (Two lakhs twenty three thousand seven hundred eighty one) only by way of installments to the OP Co-Operative Bank against proper receipt in respect of sanctioned loan of 246000/- on 26/10/2002, secured by every AC No.339 bearing a sum of 50000/- (Fifty thousand) only and a Tractor being its registration No.WB39/4663.  Since Central Government waived the outstanding dues 244633/- (Two lakhs forty four thousand six hundred thirty three) only and thereby loan account has been closed with full satisfaction.  It is alleged, that in spite of the fact the Op-Bank demands further money and on that account does not release the FD fund + interest thereof.  Stating the allegation the complainant prays for necessary direction to the Op for refund of the said FD + up-to-date interest.  In order to support the case certain documents as per firisty are produced namely installments receipts.

           The Op Co-Operative Bank contested the case by filling written objection challenging that the case is not maintainable for want of cause of action.  Admittedly the complainant took loan and open an FD of  50000/-(Fifty thousand) only out of his account in order to create collateral security against the loan.  But the complainant failed and neglected to deposit the principal amount of the loan and its interest.  As per terms and conditions the FD amount and interest was adjusted to

                                                                                                                                                                Contd………………P/2

 

                                              - ( 2 ) -

the loan on 31/03/2006 towards due of.19,3690.00 +interest which ultimately becomes. 244633/- as on 29/02/2008.  By virtue of waiver scheme of 2008 implemented by the Government the entire dues was satisfied in favour of the complainant and thereby the loan account has been closed entitling the complainant to get six years’ dividend amount into 9840/- (Nine thousand eight hundred forty) only  and the duplicate key of the Tractor.  In this connection, Government circular for immediate implementation of the scheme 2008, notification, statement of accounts etc. are submitted.   

          Upon the case of both parties the following issues are framed.

Issues:

1. Whether the case is maintainable in its present from?
2. Whether the complainant has any cause of action for presentation of this petition of complaint?
3. Whether the complainant is entitled for getting relief as prayed for.?

Decision with reasons

Issue Nos.1 to 3:

              All the issues are taken up together for discussion as those are interlinked each other for the purpose of arriving at a correct decision in the dispute.

              Ld. Advocate for the complainant made his argument that the complainant purchased a Tractor by taking loan of 246000/- on 26/10/2002 and by installment the amount of. 223781/- was paid.  In this connection, a sum of 50000/- by means of every account being its no.339 was kept for security of the loan.  The loan was exclusively for agricultural purpose and Central Government introduced loan waiver scheme and by operation of the said scheme the loan account was closed to the satisfaction of the Op bank.  In spite of that the Op demands money from the complainant.  Ultimately, the complainant sent lawyer’s notice dated 8/07/2011 but no reasonable action has been taken by the Op Bank in the matter of refund of the FD amount which is very irregular of the part of the Op bank.  So, necessary direction as prayed for should be given against the Op.

        The argument of the complainant is confronted by the Ld. Advocate for the Op bank by referring to the content of the circular and being its no.1/2008 dated 28/05/2008 issued from Ministry of Finance and submitted that remaining unpaid up to 29/02/2008 will be the subject for release under the Government scheme of 2008 in question.  Here in this case last installment dated 5/04/2005 was paid by the complainant total amounting to rupees as claimed by him.  Even upon the same, after adjustment with the FD account, there exists dues up to 29/02/2008 when the relief scheme of 2008 came into operation and by virtue of the said scheme the entire dues

 

                                                                                                                                                              Contd…………..P/3

 

                                                                                                        - ( 3 ) -

has been satisfied in favour of the lonee complainant. Thus there is no cause of action for presentation of this case on the part of the complainant.  As a result the case should be dismissed.

        Upon careful consideration of the case of both parties it appears that the matter of loan amount, repayment by way of 19 installments amounting to  223781 as on 9/04/2005 against the loan amount 246000/- sanctioned on 26/10/2002 after 5/04/2005, the FD amount has been taken for adjustment towards the loan account and thereafter the dues accumulated admittedly 244233/-as on 29/02/2008 being the date of implementation of the Government scheme of 2008.

        In view of the fact and circumstances we do not find any cause of action for seeking relief in terms of the prayer made by the complainant in its case.  Thus the issues are held and decided against the complainant.  As a result, the case stands dismissed.

               Hence,

                           It is Ordered,    

                                                    that the case be and the same is dismissed  on contest  without cost.

Dic. & Corrected by me

              

         President                                Member              Member                                  President

                                                                                                                              District Forum

                                                                                                                          Paschim Medinipur.