West Bengal

South 24 Parganas

CC/554/2014

1. Sri Asoke Sinha, S/O Krishna Kumar Sinha. - Complainant(s)

Versus

Branch Manager, Punjab National Bank. Garia Branch. - Opp.Party(s)

Sankar Kumar Thakur.

01 Mar 2016

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , BARUIPUR, KOLKATA-700 0144

 

      C.C. CASE NO. _554_ OF ___2014__

 

DATE OF FILING : 14.11.2014                   DATE OF PASSING JUDGEMENT:  01.03.2016__

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :    Mrs. Sharmi Basu

                                                                             

COMPLAINANT             :    1. Sri Asoke Sinha,s/o late Krishna Kumar Sinha

2. Smt. Laxmi Sinha,w/o Sri Ashoke Sinha, both of 192, Jogipara Road, Baisali Park,Kolkata – 149.

 

-VERSUS  -

 

O.P/O.Ps                            :  Branch Manager, Punjab National Bank, Garia Branch, Kolkata – 84.

 

 

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

Sri Udayan Mukhopadhyay, President       

The application under section 12 of the C.P Act ,1986 has been filed by the complainants on the ground that complainant took loan of Rs.4 lacs which was sanctioned by the O.P Bank and complainant had to deposit Title Deed of the landed property with the O.P Bank towards the security of the loan. A joint loan account was opened at Garia Branch of the O.P and complainants have admitted that due to some financial stringency they could not pay the monthly installments, as a result some more amount was added with the principal amount towards the interest and ultimately with the intervention with the Chief Manager Local  ARMB Kolkata it was settled that the complainants have to pay only Rs.26,574/- and the said settlement was made on 20.12.2013 and it was also decided ,rather assured that Title Deed and other documents will be returned after liquidation. Complainants have claimed that they have paid entire dues as per settlement but inspite several requests and lawyer’s letters the Title deed and other documents i.e. 20 numbers of blank cheque, LIC Policy, not returned. Hence, this case with a prayer to return the Original Title Deed , 20 numbers of blank cheque , LIC Policy to the complainants , cost and compensation etc.

            The O.P  Bank contested the case by filing written statement and one statement of account of the complainants in the said loan account. It is the positive case of the O.P Bank that although considering the circumstances and prayer of the complainant ,the O.P granted one time settlement facility to the complainant in respect of the loan account but the complainant did not comply with the terms and conditions of such settlement which was offered by the Bank and payment was not made in accordance with the said terms and conditions of OTS ,resulting accrual of interest in the said loan account as on the date Rs.41,706/- . Since the entire dues in the said loan account has not yet been paid, the O.P did not return the Title Deed of the complainant and it has further stated that due to several irregularities and breaches committed in the said loan account by the complainants, the account became non-performing Asset and the same was intimated to the complainants on several occasions but the complainants paid no heed to it . So, complainants declined to repay the said loan account in accordance with the terms and conditions of OTS. In fine, the O.P Bank has further stated that as the complainant failed to comply the terms and conditions of OTS ,O.P Bank did not return original Title Deed and being a Nationalized Bank and being custodian of the public finance is responsible for recovery of every loan, specially loan which has became non Performing Asset and O.P acted in accordance with law. So, the instant case is liable to be dismissed with exemplary cost.

Points for decision in this case is whether the O.P Bank made any deficiency in service or not.

                                                            Decision with reasons

At the very outset it must be stated that from the account ledger Inquiry which has been filed by the complainant  we find that transaction date and value date has not been mentioned for the year 2015 and complainant wanted to show the transaction date  28.10.2014 along with value date same ,wherein debit amount is Rs.5616/- and balance 0.00 which is a credit balance. Thus complainants claimed that their loan account has been liquidated. If we turn our eyes on the statement account submitted by the O.P Bank in the written version, wherein ,we find that transaction and value date of 15.1.2015 is appearing, which is missing in the statement filed by the complainants and thereby we find that Rs.41,706/- is the debit balance still lying in the loan account .

Moreover, although complainant has claimed in his complaint petition para 8 that the entire dues as per settlement has been paid but no date has been mentioned and no reflection of one time payment of Rs.26,574/-  is appearing in the loan account after 20.12.2013. So, we fail to understand how the one time settlement amount was paid. Thus O.P Bank has rightly stated that complainant has missed the opportunity to liquidate the loan amount by paying one time settlement as granted by the O.P. Bank  and thereby the loan account comes to Rs.41,706/- and became declared NPA. So, complainant has nothing to say in this regard.

Ld. Advocate of the complainant has filed one brief notes of argument ,wherein it has been mentioned that loan account turned to zero balance but after the zero balance it was again continued from the date 15.1.2015 ,that is why the balance due is Rs.41,706/-. Complainants cleverly did not obtain the bank statement after 28.2.2014. Moreover, it has not been mentioned how the one time settlement of Rs.26574/-  was paid after 20.12.2013. Thus, we find that until and unless all the dues are cleared complainant is not entitled to get back the documents which was deposited as his security of the loan.

Hence,

                                                                        Ordered

That the complaint case is dismissed on contest but in the sorry state of affairs de do not saddle the complainants by imposing any cost.

Let a plain copy of this order be sent to the O.Ps through this Forum and one plain copy be handed over to the complainant free of cost.

 

 

 

Member                                                                                                                       President

 

Dictated and corrected by me

 

 

 

                        President

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The judgement in separate sheet is ready and is delivered in open Forum. As it is

 

Ordered

That the complaint case is dismissed on contest but in the sorry state of affairs de do not saddle the complainants by imposing any cost.

Let a plain copy of this order be sent to the O.Ps through this Forum and one plain copy be handed over to the complainant free of cost.

 

 

 

Member                                                                                                                       President