IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No.CC /132/2015.
Date of Filing: 21.09.2015. Date of Final Order: 11.04.2017.
Complainant: 1. Sabyasachi Bishnu, S/O Rabindranath Bishnu
2. Dr. Dhananjoy Bishnu, S/O Late Sadananda Bishnu, both of Vill. Kundra,
P.O. Malihati, P.S. Salar, Dist. Murshidabad.
Presently: Katwa Kamehari Para, P.O.&P.S. Katwa, Dist. Burdwan-713130.
-Vs-
Opposite Party: Branch Manager, State Bank of India, Kharera Branch, P.O. & P.S. Salar,
Dist. Murshidabad.
Present: Sri Anupam Bhattacharyya …………………. President.
Smt. Pranati Ali …………………… Member.
FINAL ORDER
Sri Anupam Bhattacharyya, Presiding Member.
The instant complaint has been filed by the complainant u/s 12 of C. P. Act, 1986 praying for waving the interest on loan amount of Rs.74, 000/- in terms of Government Circular and for compensation of Rs.10, 000/- for harassment.
The complainant’s case, in brief, is that the complainant No.1 took educational Loan of Rs.1, 68,000/- for studying B. Tech (Computer) at Techno India College, Rajarhat where his uncle Complainant No.2 was guarantor. The Central Government sanctioned waiver on interest to the weaker section on the outstanding dues as on 31.3.2013 up to 31.3.2009 with retrospective effect but the OP did not pay any heed to it inspite of several approaches. Then, the complainant sent Advocate’s notice claiming the relief as to interest on educational loan. Inspite of giving any relief on waiver of interest, they have claimed Rs.8, 000/- from the complainant to liquidate the loan amount of Rs.1.7 lakh where already paid Rs.1.62 lakhs. The complainant came off educationally weaker family and his father is a marginal farmer and he is entitled to get the benefit for waiver of interest. The OP has admitted the eligibility of the complainant as beneficiary of that circular and he sought for instruction from the Regional Manager, Berhampore to provide relief of interest but no result. Hence, the instant complainant’s case.
The written version filed by the OP, in brief, is that as per agreement dt. 5.9.08 the loan was disbursed w.e.f 19.9.2008 and mode of repayment was started from 5.9.2013 as 4 year’s study period and 1 year repayment holiday. At the said tenure, no amount could be claimed from the complainant Nos. 1 or 2. But the complainant No.1 started his repayment during his study period on 29.12.2008. As such his loan account was regular. No outstanding interest is due. As per Govt. Circular, such account since the amount of outstanding interest component was nil, on 31.12.2013 the amount of relief shall be nil. The complainant is not entitled to get the said benefit. The complainant did not repay the entire dues. Students should belong to Economically Weaker Section (E.W.S).The complainant No.2 is a practicing doctor and cannot be treated as weaker section. The complainant did not go through the Govt. Guidelines for providing relief of interest appointing Canara Bank as Nodal Bank to whom claim is to be submitted. Income Certificate issued by the Competent Authority of State Govt. should be required for getting the relief but the complainant did not obtain such certificate nor filed the same and for that the complainant is liable to be dismissed. Hence, the instant written version.
Considering the pleadings of both parties the following points have been raised for the disposal of the case.
Points for Consideration
- Whether the complaint is maintainable in its present form and law?
- Whether the complainant has locust standi to file the present case?
- Whether the complainant is entitled to get relief as prayed for?
- To what other relief/reliefs the complainant is entitled to get?
Decision with Reasons.
Point Nos. 1 to 4.
All the points are taken up together for the sake of convenience.
The instant complaint is for getting Rs.74, 000/- the relief as waiving the interest for repayment of educational loan and compensation of Rs.10, 000/- for harassment.
The complainant’s case is that complainant is entitled to get relief as to waiver of interest on his educational loan for Rs.74, 000/- as per Circular of Govt. of India.
On the other hand the OP’s case is that the alleged waiver of interest by the Govt of India on Educational Loan is for the economically weaker section whose annual gross family income upper limit is Rs.4.5 lakhs per year. The complainants have not submitted their claim before Canara Bank appointed Nodal Bank following the guidelines for waiving outstanding interest as on 31.12.13 on Educational Loan. Income Certificate not filed where the complainant NO.2 the guarantor is a doctor. Also, there is no outstanding interest in respect of the impugned Educational Loan and for that the complaint is liable to be dismissed.
In this case inspite of giving sufficient opportunities even during the stage of hearing argument having several adjournments the complainants have not adduced any evidence on affidavit.
The complainants have only adduced some documents including the letter of OP-Branch to the Regional Manager, SBI, RBO Berhampore, Region-VIII, Murshidabad enclosing advocate’s letter of the complaint and subsidy claim format.
On the other hand the OP has filed statement of A/c in respect of Educational Loan, Govt. Circular regarding Loan and Advances Circular No. 14/2014 for Interest Subsidy Scheme for Educational Loan Borrowers: Relief On Interest Outstanding Component along with detailed guidelines on 31.12.2013 and Educational Loan Task.
Considering the argument advanced by both parties and also considering the documents filed by both parties we find from the Govt. Circular for the subsidy towards outstanding interest as on 31.12.2013 on the Educational Loan obtained prior to 1.4.2009 by the student economically weaker section whose annual gross family income up to Rs.45 lakhs p.a is only entitled. .
As per guidelines as well as Govt. Circular it is clear that claim is to be submitted before the Canara Bank who is the nodal Bank appo8nted by the Govt. for the purpose.
But, in this case the complainant has not submitted any such claim before the Nodal Bank Canara Bank.
Also, the complaint has not filed any income certificate showing that the complainant student belongs to economically weaker section whose family income is up to Rs.4.5 lakhs p.a.
Further, it appears from the bank statement of A/c relating to educational loan A/C of the complainant that the complainant paid up almost the entire interest on the impugned educational loan.
In the complaint it is admitted that complainant already paid Rs.1.62 lakhs out of loan amount of Rs.1.70 lakhs and for that there is no outstanding interest in the Educational Loan A/c of the complainant.
Where, the Govt. Circular is for relief on interest outstanding component.
Considering the averment of the complainant in the complaint petition as well as the bank statement of loan account it is clear that there is no outstanding interest on Educational Loan.
On the basis of above discussions as a whole we can safely conclude that the complainant is not entitled to get any relief as to subsidy for Educational Loan outstanding interest to the student belong to economically weaker section whose annual gross family income is up to Rs.4.5 lakhs p.a and as such the complaint is liable to be dismissed.
Hence,
Ordered
that the Consumer Complaint No. 132/2015 be and the same is hereby dismissed on contest.
There will be no order as to cost.
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.
