Assam

Nalbari

CC/11/2018

Kalpana Dutta - Complainant(s)

Versus

Branch Manager, SBI, Sualkuchi Branch - Opp.Party(s)

Apurba Kumar Nath

04 Apr 2022

ORDER

:: BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION ::

:: NALBARI :: DISTRICT-NALBARI :: ASSAM ::

 

  Present: 1) Shri BK Sen, AJS. President.

                2) Mr. P. K. Sarma. Member.

                3) Mrs. P. Choudhury, Member.

 

CONSUMER CASE NO. CC/11/2018

(Under Section 12 of the Consumer Protection Act, 1986.)

 

Mrs. Kalpana Dutta

W/O: Lt. Kumud Ch. Dutta

Vill: Mamat Nagar (Japarkuchi),

PO: Nalbari, PS: Nalbari,

Dist: Nalbari (Assam)                    ………………………….       Complainant

 

-Versus-

 

         

          1. Branch Manager,

          State Bank of India

          Sualkuchi Branch, Napara Road,

          PS: Sualkuchi

          Dist: Kamrup ( R)

          PIN- 781103

 

          2. The Regional Manager,

          State Bank of India

          LOCAL HEAD OFFICE, G.S. Road, Dispur,

          Guwahati, Kamrup (M) Assam Pin-781006.

 

          3. The Branch Manager

          BIMAL AUTO AGENCY Adabari,Guwahati

          Kamrup (M) Assam Pin- 781014

          Mahapurush Damodardev Path, opp. Bus Stand.

 

          4. The Branch Manager,

          BIMAL AUTO AGENCY

          Nalbari Branch

          Nalbari- Hajo-Guwahati Rd.

          P.S & Dist- Nalbari (Assam)

          PIN- 781335.

 

          5. Rubul Pathak  

          S/o- Suren Pathak

          R/o- Vill- japarkuchi,

          P.O- Terechia. P.S-Nalbari

          Dist- Nalbari (Assam)                        …………………………    Opp. Parties

 

 

Appearance-

                   For the Complainant   …  Ms. Kabita Dutta, Advocate.

                   For the OPs               …    None appeared

 

Date of Argument –  04.04.2022

Date of Judgment –  04.04.2022

 

J U D G M E N T

 

          The case of the complainant, Smti. Kalpana Dutta, in brief, is that the complainant is an employee under education department, Govt. of Assam, maintaining salary A/C No. 11004871870 at SBI, Nalbari Branch, Nalbari. That in the month of November/2017, OP No. 5 an employee of Bimal Auto agency, Nalbari Branch, persuaded the complainant to get a car on Bank Finance. That on the advice of OP No. 5, the complainant opened another A/c bearing No. 37354736635 at SBI, sualkuchi Branch and booked a product MC – SBICARLNTL – NEWCAR – J17 (ALTO K10 Silky Silver). SBI, Sualkuchi Branch sanctioned car loan amount of Rs. 2,25,000/- and proceeding fees amount of Rs. 1327/- to the complainant. Loan was sanctioned at the interest @ 9.20% p.a. EMI was fixed at Rs. 4800/-. She received the car from Bimal Auto Agency, Adabari (Guwahati). A photocopy of the R/C of the said car (AS–01 – DM–4259), was delivered to the OP No. 1 immediately. OP - Bank started deducting EMI amount from the salary A/C of the complainant in every fifth day of calendar month. That on 31.10.2018, the complainant collected Bank Statement wherefrom it came to her knowledge that the OP Bank deducted an amount of Rs. 5900/- on 05.06.2018, Rs. 2950/- on 05.07.2018, Rs. 2950/- on 05.08.2018, Rs. 2950/- on 05.09.2018 and Rs. 2950 on 05.10.2018 (Total Rs. 17700/-) on the ground of non-submission of R/C. Such deduction was done without any sort of notice / reminder and locked an amount of Rs. 10000/- in the salary A/C of the complainant. The complainant, thereafter, on 02.11.2018 made complaint before the OP No. 2 and OP No. 3. Complainant asserts that there is deficiency of service on the part of the OP parties and complainant deserves compensation. Hence this petition claiming relief.

 

2.       OP No. 1 filed written statement contending, inter alia, that the complainant being satisfied upon all the terms and conditions put her signature on the Arrangement letter dated 06.12.2017. That the complainant was informed by the Executive of the Bank to submit the Registration Card of the intended vehicle as soon as possible at the said Branch. That the Loan Process Fee of SBI is Rs. 1180/ only and the amount is not Rs. 1327/- as stated in complaint petition. That the complainant mentioned in the paragraph 6 that EMI of the Car Loan as Rs 4800/ but the actual EMI is Rs 4698/ (Four Thousand Six Hundred and Ninety Eight) only which is also mentioned in the Arrangement Letter on which the complainant signed. That the complainant never approached the Branch Manager in connection with R/C. Complainant did not submit the R/C of the vehicle within 120 days from the purchase date as per Arrangement Letter. The Complainant has submitted the RC copy to the S.B.I -Sualkuchi Branch on 05/06/2018 i.e. after completion of 120 days. That the complainant violated the terms and conditions of the Banking Rules and therefore complainant is not entitled to get any relief. In view of the above facts and circumstances, OP No. 1 prays for dismissal of the complaint with cost.

 

3.       Complainant side in order to substantiate its case examined one witness only, i.e. the complainant herself. OP No. 1 submitted evidence in affidavit but did not turn up for cross examination.

 

4.       Complainant filed written argument and we have perused the same. OP Bank remained absent after submission of evidence in affidavit. Heard argument advanced by the learned counsel for the complainant side and carefully gone through the case record.

 

Decision and reasons thereof

 

5.       Complainant (PW1) in her evidence clearly stated that a total sum of Rs. 17,700/- was deducted from her salary A/C by Op- SBI, Sualkuchi Branch on the ground of non-submission of RC of the car (AS-01 – DM-4259) purchased by means of Bank loan. It is the case of the complainant (PW1) that no notice / reminder, in any form, was served upon the complainant prior to deduction of the aforesaid amount of Rs. 17,700/-.

 

6.       In their written statement OP-SBI averred, inter alia, that the complainant did not submit the RC of the car within the stipulated period of 120 days, to the OP Bank, as per Arrangement letter and the same was submitted on 05.06.2018 i.e. after expiry of said period of 120 days and hence the petition filed by the complainant is liable to be rejected. OP-Bank submitted evidence in affidavit of the Branch Manager (DW1) SBI Sualkuchi Branch but this witness did not turn up for cross examination in spite of sufficient opportunities being given for appearance of the witness (DW1) to prove the contentions of the OP-Bank. This being the position, there was no scope on the part of the complainant to testify the veracity of the statement made in the evidence in affidavit of the DW1 and as such this part of evidence of DW1 cannot legally be acted upon. Mere submission of written statement does not ipso facto prove the contents of the same. Averments made in the written statement legally require to be proved by adducing evidence. Pleading of the OP-Bank has not been legally proved in the instant case. It is admitted position that an amount of Rs. 17,700/- was deducted from the salary account of the complainant. The OP Bank failed to justify such deduction so made.

 

7.       In view of the foregoing discussion we find and hold that the case of the complainant is proved and hence the complainant is entitled to get relief as prayed for. This petition stands allowed accordingly.

 

ORDER

 

8.       The Branch Manager, SBI, Sualkuchi Branch, the OP No. 1 , is hereby ordered to pay/refund a sum of Rs. 17,700/- (Rupees seventeen thousand seven hundred) only to the complainant, Mrs Kalpana Dutta. Further, the OP No.1 shall pay a sum of Rs. 2000/- (Rupees two thousand) only to the complainant for causing mantel harassment and another sum of Rs. 2000/- (Rupees two thousand) only to the complainant being the cost of litigation. Thus, the OP No. 1 shall pay a total sum of  Rs. 21,700/- (Rupees twenty one thousand seven hundred) only to the complainant within 3(three) months from the date of this order, failing which OP No. 1 shall pay the aforesaid amount along with interest thereon at the rate of 6% p.a. from the date of this order till realization.

 

          The OP No. 1 and OP No. 2 shall be jointly and severally liable to pay the amount mentioned hereinabove.

 

          This case stands disposed off

 

 

 

                                                                                                                      (BK Sen)

                                                                                                                      President

                                                                                           District Consumer Commission Nalbari

 

               (P. K. Sarma)

                   Member

District Consumer Commission Nalbari

 

 

 

 

 

 

               (P. Choudhury)

                   Member

District Consumer Commission Nalbari