IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No.CC/ 83/2015.
Date of Filing: 02.07.2015. Date of Final Order: 04.10.2016.
Complainant : Nur Hossain S/O Late Kayam Hossain, Vill. Sunia P.O. Sehalai, P.S. Bharatpur,
Dist. Murshidabad. Pin 742301.
-Vs-
Opposite Party: Branch Manager, State Bank of India, Alugram Branch, P.O. Alugram,
P.S. Bharatpur, Dist. Murshidabad. Pin 742301.
Present: Sri Anupam Bhattacharyya …....................... President.
Sri Samaresh Kumar Mitra ……………………..Member.
Smt. Pranati Ali ……….……………….……………. Member
FINAL ORDER
Smt. Pranati Ali, Presiding Member,
Instant complaint has been filed by the complainant u/s 12 of C.P. Act, 1986 for an order to OP to pay rest amount of the sanctioned loan along with compensation for harassment and mental agony to the complainant.
The complainant’s case, in brief, is that the complainant/Nur Hossain took loan under Prime Minister’s Employment Generation Programme from the OP Bank. At first the complainant procured loan for Mustered Oil and Spices and it was sanctioned by the Directorate of Micro and Small Scale Enterprises, DIC, Murshidabad. Later the complainant revised his loan scheme from mustered oil and spice to spice and atta chaki. But the loan amount of Rs.5,00,000/- was same and subsidy was of Rs.1,75,000/- , whereas the OP disbursed only Rs.1,50,000/- to the complainant which is not helpful to start the business or to implement the scheme. The complainant requested for proper redress, but the OP did not pay any heed to the matter. According to the complainant this act of the OP is a clear example of deficiency in service on the part of the OP. So, the complainant was compelled to come to this Forum for proper redress.
On the other hand, the OP entered into this case by filing written version, where he denied all the allegation. The OP also stated that the complainant is not a consumer as he applied for loan to start business for commercial purpose and that the OP Bank sanctioned loan amount was Rs.4,75,000/- in total out of which it was term loan of Rs.3,00,000/- along with as working capital of rs.1,75,000/- by way of cash credit by issuing one letter of Arrangement dt. 23.03.2011 which was accepted by the complainant by putting his signature. According to the OP, the complainant has his own arrangement of land and building and the term loan would be invested for purchasing and installation of machinery and other fixed assets, working capital would be required after that. The OP disbursed a sum of Rs.1, 50,000/- to the complainant as 1st phase of term loan as imaging that the complainant would purchase the machinery but the complainant violated the banking norms and diverted the amount in other purpose instead of purchasing machinery. The OP also stated that the subsidiary amount would be disburse after completion of the scheme is the norms of the Bank and the complainant shall be returned that to the concerned Government Department . So, this complaint is a malafide intention of the complainant , for that it is liable to be rejected.
The only point for consideration is that whether there is any deficiency in service on the part of the OP or not and or whether the complainant is entitled to get any relief or not.
Decision with Reasons.
The complainant has submitted some documents in support of his case.
Perused the record, we observed that the complainant has a sanctioned loan for mastered oil and spices later which was changed a Spices & Atta Chakifrom the Directorate of Micro and Small Scale Enterprises, DIC, Murshidabad through the OP with a sum of Rs.5,00,000/- is admitted fact. The loan amount sanctioned was a sum of Rs.5,00,000/- and subsidy was of Rs.,1,75,000/- . But the OP Bank disbursed Rs.1, 50,000/- to the complainant as 1st phase installment and stopped to disburse a peny with a plea that the complainant break the norms of the Bank by expending the said amount for arrangement of shed and godown instead of purchasing machinery whereas record shows that the complaint complied as per his scheme where the same amount was for arrangement of shed and godown which was evident by the copy of the sanctioned scheme along with agreement of space for godown. Those documents proved that the plea of the OP is not true that the complaint has own land/shed along with godown. The OP did not disburse the rest amount on the basis of his own assumption which is very much whimsical and deficiency in service on his part.
Scrutinizing the documents in the record, we learnt that the Govt. Department sanctioned a sum of Rs.1, 75,000/- as subsidy to the complainant, whereas the OP mentioned that same amount was working capital.
It is very important to mention that the subsidy amount of a Govt. Scheme means the amount for the betterment of the scheme without any question of return to the giver whereas the OP mentioned that amount is a working capital. But yet the OP did not disburse that amount of Rs.1, 75,000/- to the complainant as it is as working capital is very much necessary to implement the scheme. On the other hand, the scheme was approved by the Govt. Department informed everything to the OP, so the OP cannot violate the procedure of implementation of the scheme. The OP should give emphasis to implement this type of scheme, which is a support scheme of the National Development Scheme has taken by the Government. This act of the OP is an example of deficiency in service and gross negligence on his part.
On the basis of above discussions and consideration of documentary evidence on non-disbursement of rest loan amount by the OP, we have no other alternative but to conclude that the complainant is entitled to get the relief.
Hence,
Ordered
that the Consumer Complaint No. 83/2015 be and the same is hereby allowed on contest without any order as to cost.
The OP is directed to pay the rest amount of the said sanctioned loan to the complainant within 60 days from the date of this order, failing which the OP has to pay Rs.50/- per day’s delay as fine and the amount shall be deposited in the Consumer Legal Aid Account.
Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.
