West Bengal

Paschim Midnapore

CC/141/2016

Sk. Hasibul Hosen - Complainant(s)

Versus

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

24 Jan 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

Bibekananda Pramanik, President

and

Mrs. Debi Sengupta, Member

   

Complaint Case No.141/2016

 

             Sk. Habibul Hossain @ Hosen Son of Late Golam Hossain @ Hosen, Resident

             Village-  Hosnabad, P.O. Harishpur, P.S. Kotwali, District - Paschim Medinipur.    

                                                                                   …………..………..……Complainant.

                                                                              Vs.

            Branch Manager, Punjab National Bank, Medinipur Branch, situated at Collectorate

            Road, Medinipur, P.O. Medinipur, P.S. Kotwali, Dist.- Paschim Medinipur, PIN-721101.

                                                                                  ………………………….….Opp. Party.

                                                    

              For the Complainant: Mr. Diptendu Ghosh, Advocate.

              For the O.P.               : Mr. Tapan Adhya, Advocate.

 

Decided on: -24/01/2017

                               

ORDER

                          Bibekananda Pramanik, President – Facts of the case, in brief, is that in the year 2011, the complainant approached the O.P.-Punjab National Bank for Kisan Credit Loan (K.C.C. loan) and accordingly the opposite party disbursed the K.C.C. loan of Rs.50,000/- in favour of the complainant, in connection with his loan account no.0350000102216411 vide customer no.ANL007879 and the opposite party also issued a pass book to that effect.  As a condition of  loan, the complainant deposited his original title deed, L.R. Parcha, Rent receipt etc. in respect of his land as security with the opposite party and after being mortgaged the same, the opposite party had disbursed the loan amount.  Curiously enough, the opposite party has disbursed the loan of Rs.20,000/- on 19/11/2011 and Rs.28,000/- on 2/12/2011 i.e. total sum of Rs.48,000/- instead of

Contd………………….P/2

 

( 2 )

  Rs.50,000/-  and on being asked,  it was told by the opposite party that Rs.2,000/- has been deducted on account of insurance in the name of the complainant but till now the opposite party did not handover any certificate, document receipt etc. to the complainant.  After updating the pass book of the said account, it was detected by the complainant that on 02/12/2011 Rs.18,000/- was debited from the said account to an unknown account which is  reflected in the said pass book as TO DD.  It was told by the complainant that the said amount of Rs.18,000/- has been kept in separate fund as security money and the said amount along with up-to-date interest @ 9% p.a. will be handed over to the complainant after repayment of K.C.C. loan.  Thereafter the opposite party disbursed Rs.30,000/- as K.C.C. loan  in favour of the complainant.  Complainant repaid the said K.C.C. loan with interest.  Again thereafter the complainant took K.C.C. loan from the opposite party and he repaid the same.  After repayment of first K.C.C. loan, the complainant asked the opposite party to handover documents in respect of insurance policy for which Rs.2,000/- was deducted by the opposite party  as well as to refund the security money of Rs.18,000/- along with up-to-date interest @ 9% p.a.  The opposite party told the complainant that the said amount of Rs.18,000/- has again being deposited as security money  for the second K.C.C. loan and after it’s repayment, the said money along with up-to-date interest, insurance documents and insurance benefits will be given to the complainant but all are in vain.   The complainant repaid the second K.C.C. loan and he again took K.C.C. loan for the third time from the opposite party.  It is alleged that the opposite party arbitrarily deposited the said amount of Rs.18,000/- as security money for the said K.C.C. loan with mala fide intention.  Lastly in the month of July 2016, opposite party verbally told the complainant that the said amount has been deposited in Metlife Insurance but  the opposite party denied to hand over any such document.  Complainant contacted with Metlife Insurance, Kharagpur Branch on 22/02/2016, but they did not give any satisfactory answer to that effect.  On 30/06/2016, the complainant sent a legal notice through his Advocate Sri Diptendu Ghosh  to the opposite party asking him to hand over entire loan-papers,    statement of account, refund of Rs.18,000/- with interest and also to refund of Rs.2,000/- within 7days from the date of receipt of the said notice.  On 2/07/2016, said notice was delivered to the opposite party but the opposite party neither gave any reply of that letter nor complied with the prayer of that letter which tantamounts to gross deficiency in service on the party of the opposite party.  Hence the complaint, directing the opposite party to hand over entire loan-papers and statement of account with further direction to refund of Rs.18,000/- and Rs.2,000/- along with interest and an order of payment of Rs.30,000/-  as litigation cost.       

Contd………………….P/3

 

( 3 )  

                  The opposite party-Bank has contested this case by filling a written objection.

                   Denying and disputing the case of the complainant, it is the specific case of the O.P.  that the present petition is not maintainable, that the petition of complaint is barred by limitation, that the petition of complaint is bad of non-joinder of necessary parties and  that Met Life Insurance is a necessary party in this case.  It is also the case of the opposite party that K.C.C. loan was sanctioned on 19/11/2011 for Rs.50,000/- only.  The complainant requested the opposite party to disburse Rs.48,000/- which was credited to  the S.B. Account of the complainant.  Rs.2,000/- was debited towards payment of premium of Rs.1,455/- as crop insurance. Since this is a group insurance so policy paper was not issued.  On 2/12/2011, a sum of Rs.18,000/- was debited from the S.B Account of the complainant as per his instruction and D. D. was made in favour of Met Life Insurance.  It is stated that it is therefore not correct to say that only Rs.30,000/- was disbursed but the opposite party has disbursed Rs.50,000/- as would be evident from the statement of account.  Further according to the opposite party-Bank that they sanctioned the loan and disbursed the amount of Rs.50,000/- by paying in the S.B. Account of the complainant  and it is the discretion of the customer how to use of the fund borrowed from the bank and as such the borrower i.e. the complainant purchased the policy Met Life Insurance at his own will and for that purpose the borrower obtained a draft of Rs.18,000/- in favour of Met Life Insurance.  It is therefore prayed that the complainant is not entitled to get any relief against the O.P.-Bank and the present case is liable to be dismissed.

 

                                                                 Point for decision

1)Is the case maintainable in it’s present form and prayer ?

2)Is the case barred by limitation?

3)Is the complainant entitled to get the reliefs, as sought for?    

                   

Decision with reasons

For the sake of convenience and brevity, all the above points are taken up together for consideration.

At the very outset, it is to be stated here that in this case neither the complainant nor the opposite party has adduced any sort of evidence either oral or documentary but they have relied upon some documents, so filed by them.  In their written objection, the O.P.-Bank has specifically stated that the present case is barred by limitation.  On this score, we find from the petition of complaint that the K.C.C. loan in question was disbursed in the year 2011 and the grievance of the complainant is that although the sum of Rs.50,000/- was sanctioned as

Contd………………….P/4

 

 

( 4 )

K.C.C. loan in his favour but the opposite party has disbursed only Rs.20,000/- on 19/11/2011 and subsequently Rs.28,000/- on 2/12/2011 but they not disburse Rs.2,000/- on the ground that the said amount has been deposited on account on insurance in the name of the complainant.  Further according to the complainant, on 2/12/2011, a sum of Rs.18,000/- was debited from his said account by the opposite party to an unknown account and being asked,  the opposite party verbally told that the complainant that said amount was deposited in Met Life Insurance Company.  Further according to the complainant that the said amount of Rs.18,000/- was arbitrarily debited from his account and the complainant has therefore prayed for refund of the said amount of Rs.18,000/- and Rs.2,000/- which were debited from his account without his consent.  So it appears that the whole cause of action arose in the year 2011 but the present petition of complaint has been filed on 9/09/2016  i.e. long after the period of limitation of 2 years.  There is no explanation for such delay in filing the present complaint after the period of limitation.  So in view of section 24-A of the C.P. Act, the present petition of complaint is barred by limitation and as such it is not maintainable and liable to be rejected. 

             Accordingly all the points are decided against the complainant.

                                                  Hence, it is,

                                                     Ordered,

                          that the complaint case no141/2016  is hereby dismissed on contest but in the circumstances without cost.

                               Let plain copy of this order be given to the parties free of cost.

                 Dictated & corrected by me

                    Sd/-B. Pramanik.                      Sd/- D. Sengupta.                      Sd/-B. Pramanik.

                             President                                     Member                                President

                                                                                                                          District Forum

                                                                                                                      Paschim Medinipur