MR. PRAVAT KUMAR PADHI, PRESIDENT:-

                  Complainant has filed C.C.Case No. 7/2021 U/s-35 of C.P.Act,2019 before this Commission seeking a direction to Ops for credit the illegally withdrawn amount of Rs. 22,900/- to the S.B. A/C No. 33680191391 of the Complainant at SBI, Korua Branch.

                  Brief fact of the case is that, Complainant has an S/B Account bearing No. 33680191391 under the Op-Bank SBI, Korua Branch. Complainant found that his amount Rs.22.959/- has been debited from his S/B Account to a loan Account at SBI Mahal Branch on dt. 31.03.2020 without any consent, approval of the Complainant for such deduction of the Op-1 & 2, which is the deficiency, is services on their part & unfair trade practice. Complainant is a Senior Citizen entitled to all privileges & protection under Senior Citizen Act, but the above deducting amount is illegally, without knowledge of the Complainant and notice to him to that effect and has hold the loan A/C No. 34947413498 at SBI Mahal Branch, which is unlawful, illegal & arbitrary  to the guideline prescribed by the Govt. of India during Covid-19 period, which the Complainant filed today i.e, on 16.08.2023 on the date of order without serving  copy on other side, which we have also taken note of and found that Reserve bank has issued master direction for Commercial bonus, Co-Operative bonus and non banking Financial Companies with regards to guidelines on conduct towards Micro Finance burrowers, which speaks as follows:-

Guidelines on Conduct towards Microfinance Borrowers-

General-

• A fair practice code (FPC) based on these directions shall be put in place by all Res with the approval of their boards. The FPC shall be displayed by the RE in all its offices and on its wbsite. The FPC should be issued in a language understood by the borrower.
• There shall be as standard form of loan agreement for microfinance loans in a language understood by the borrower.
• Each RE shall provide a loan card to the borrower which shall incorporate the following:

1. Information which adequately identifies the borrower;
2. Simplified factsheet on pricing;
3. All other terms & conditions attached to the loan;
4. Acknowledgements by the RE of all repayments including installments received and the final discharge; and
5. Details of the grievance redressal system, including the name and contact number of the nodal officer of the RE.

In Para-7.4.3 of Guideline related to recovery of loans. It is stipulated as uder-

RE or its agent shall not engage in any harsh methods towards recovery. Without limiting the general application of the forgiving, following practices shall be deemed as harsh;

1. Use of threatening or abusive language
2.  Persistently calling the borrower and /or calling the borrower before 9.00 a.m. and after 6.00p.m.
3. Harassing relatives, friends, or co-workers of the borrower
4. Publishing the name of borrowers
5. Use or threat of use of violence or other similar means to harm the borrower or borrower’s family/assets/reputation
6. Misleading the borrower about the extent of the debt or the consequence of non-repayment.

                   The Ops have filed their written version stating that, in the year, 2015, the Complainant had availed a KCC loan to the tune of Rs. 45,000/- from SBI Mahala Branch and for that purpose, he has executed & signed several security documents. Accordingly the loan amount has been disbursed under loan A/c No. 34947413498. After the Complainant defaulted the repayment of the loan outstanding for which his loan account has been turned to NPA (Non Performing Account) and inspite of several request & personal contacts by the OpNo.2, the Complainant did not liquidate the said KCC loan. There was an outstanding of Rs. 54,295.10 as on dt. 31.03/20220 against the said loan account.Complainant have two accounts i.e, One S/B Account with SBI Korua Branch & another loan A/C in SBI Mahal Branch are  linked under one CIF (Customer Identification File) vide No. 85391629359. When the Complainant did not repay the loan outstanding which is the public fund & he has availed in shape of loan, hence the Op-2 has been constrained to debit an amount of Rs. 22,900/- from the S/B A/C No. 33680191391 through system process and on the same day the said amount has been credited towards the loan Account of the complainant vide No. 34947413498.

            The Complainant has taken loan from Ops is not disputed and also suppressed the said fact in his C.C.Case and thus not come to this Commission in clean hand. It ass become the habit of some persons to get free of everything from Govt. The Complainant has taken loan from a Public sector Bank and received the amount from the State Govt. and Central Govt. freely and because of his agreement with the Bank (Ops), the amount has been deducted which in our consider opinion is not deficiency in service as define U/S-2(7) of C.P.Act, 2019.

              With the aforesaid observation we find no merit in the C.C.Case and accordingly the C.C.Case No. 7/2021 & I.A No.16/2022 is hereby dismissed. No order as to cost.

                 Issue extract of the order to the parties concerned.       

           Pronounced in the open Commission, on this the 16^th  day of August,2023.

                            I, agree.

                                Sd/-                                           Sd/-

                           MEMBER                                  PRESIDENT