In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No. 356 / 2010.
1) Sri Partha Sarathi Majumdar,
A-15, Chirantani Park, Bansdroni, Kolkata-700070. ---------- Complainant
---Versus---
1) Branch Manager, State Bank of India,
Gariahat Civic Centre Branch,
510, Jodhpur Park, Kolkata-700068. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Sharmi Basu, Member
Order No. 15 Dated 29/06/2012.
The petition of complaint has been filed by the complainant Sri Partha Sarathi Majumdar against the o.p. State Bank of India. The case of the complainants in short is that complainant took house building loan amounting Rs.4,21,000/- only from o.p. in the month of June, 2006 by mortgaging his purchased flat at the o.p. bank at a fixed rate of interest @ 9.5% p.a. and EMI was fixed Rs.4344/- for a period of ten years. EMI was started from the month of July, 2006. Complainant regularly paid EMI through chques to o.p. bank and he has already deposited EMI cheques to o.p. bank upto June, 2011. Complainant has also stated that in spite of repeated requests, orally and in writing o.p. did not send any confirmation letter in relation to the aforesaid loan account with the ill motive to harass the complainant. Moreover, o.p. charged a floating rate of interest upon the loan amount instead of fixed rate of interest @ 9.5% . Thus o.p. violating the term of contract. It is also submitted by complainant that though complainant was paying the EMI through cheques regularly well in advance, but without clearing those cheques in proper time, o.p. issued fake letters to him alleging that installments were not timely deposited and directed him to pay Rs.1,22,008/- immediately through a letter dt.21.8.08 and also to pay Rs.13,600/- through another letter dt.26.8.10. It is also the case of complainant that though complainant paid 17 cheques of EMI for March, 2010 to June, 201 on 1.3.10, but EMI cheques for the months of March to June 2010 were with the Branch Manager of o.p. bank and even the cheques for July to Sept. 2010 were not sent for clearance even on 30.9.10 and thus the Branch Manager of o.p. bank was holding the 4 cheques and sending 4 cheques together towards the repayment of loan in question. After repeated requests of complainant for redressal of his disputes o.p. did not pay heed to that. Hence, the case filed by complainant with the prayer contained in the prayer portion of the petition of complaint.
O.p. had entered its appearance in this case by filing w/v and denied all the material allegations labeled against it and prayed for dismissal of the case.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular. It is observed that complainant took house building loan Rs.4,21,000/- in June, 2006 mortgaging purchased flat and rate of interest @ 9.5% p.a. and EMI was fixed Rs.4344/- for 10 years and he started EMI through cheques from July, 2006. Further has alleged that he had stipulation that rate of interest was fixed one @ 9.5% p.a. but complainant has alleged that o.p. bank started charging EMI on the basis of floating rate of interest @ 10% p.a. and sometimes !0.5% p.a.
We have gone through the entire materials on record meticulously and we find from statement / letter (annex-C of complaint petition) that the rate of interest was fixed @ 10% p.a. but in agreement it was not mentioned whether rate of interest was fixed and floating.
That being the position we are of the opinion the rate of interest was found @ 10% p.a. Complainant in the course of argument submitted that he is ready and willing to pay at a time the entire sum due to the credit of o.p. in lump and annex-B with the petition of complainant charging interest @ 10.5% p.a. is a gross deficiency on the part of o.p. being a service provider to its consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the petition of complaint is allowed on contest against the o.p. in part. O.p. is directed to let the complainant know the amount payable by the complainant due to their credit @ 10% p.a. at fixed rate of interest within 15 days from the date of communication of this order and on receipt of that intimation the complainant shall make payment of the said entire sum in lump within one month from the date of intimation of o.p.
O.p. is also directed to pay compensation of Rs.20,000/- (Rupees twenty thousand) only to the complainant for the harassment and mental agony of the complainant due to rendering service. O.p. is also directed to pay litigation cost of Rs.3000/- (Rupees three thousand) only to the complainant.
Parties to the case are directed to comply with the aforesaid order within 60 days from the date of communication of this order.
Supply certified copy of this order to the parties.
