IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No.CC/167/2016 .
Date of Filing: 17.11.2016. Date of Final Order: 29.08.2017.
Complainant : Mojammel Haque, S/O Peskar Ali, Vill. Kharibona, P.O.& P.S. Raghunathganj,
Dist. Murshidabad. Pin 742225.
-Vs-
Opposite Party: Branch Manafger, United Bank of India, Ratghunathganj Branch, Kakenjie Park,
Pin 742225.
Present : Sri Anupam Bhattacharyya, President
Smt. Chandrima Chakraborty, Member
Sri Manas Kumar Mukherjee, 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 transferring the subsidy amount of loan to complainant’s savings account.
The complainant’s case, in brief, is that he took Loan for his Grocery Shop; under BSKP Scheme for Rs.50,000/- being Loan Account No. 0466300011565, I/d No. 40391897 in the UBI Raghunathganj Branch. The Bank transfer Rs. 20,000/- of Loan amo0unt on 05.12.2008 and Rs.15,000/- on 26.02.2009. The complainant repaid the Loan amount of Rs.35,000/- plus Interest within 17.02.2014. The Bank issued Clearance Certificate on 17.02.2014. The Bank did not transfer the subsidy amount of Loan Rs.10, 000/- to the complainant till date. The complainant requested the Bank to transfer the subsidy amount of Loan Rs.10, 000/- only on 23.02.2015 but the bank issued a Note on the Letter that “Subsidy is not available “on 10.03.2015. The complainant again requested the B.D. O to transfer the subsidy amount of Loan of Rs.10, 000/- but all in vain. Hence the instant complaint.
The written version filed by the OP-Bank, in brief, is that this OP was always ready to pay the subsidy amount of Rs. 10,000/- but due to misplace of various Banking documents the receipt of Government subsidy amount was not found by the OP in proper time and the fact was intimated to this petitioner. There was no mala fide motive on the part of this OP not to pay the subsidy amount. If the Ld. Forum is pleased to pass order to pay the subsidy amount this OP will pay the same instantly. There is no deficiency on the part this OP. No mental harassment or physical loss was happened to the petitioner by this OP. So, there is no question of compensation as prayed for by this complainant.
Considering the pleadings of both parties the following points have been raised for the disposal of the case.
Points for Decision.
- Whether the complaint is maintainable in its present form and in law?
- Whether the complainant has locus standi to file the present case?
- Whether the complaint hits the provisions of Consumer Protection Act?
- Whether the complaint is barred by law of Limitation?
- 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 6.
All the points are taken up together for the sake of convenience.
The instant case is for transferring the subsidy amount of loan to complainant’s savings account.
The complainant’s main case is for refund of subsidy amount.
The OP-Bank did not refund the subsidy amount as the same was not available.
The OP-Bank ultimately filed written version agreeing to pay the subsidy amount to the complainant. There is no deficiency in service on the part of the OP-Bank as the same was not available.
The Ld. Lawyer for the OP has advanced argument relying upon the ruling that the subsidy being under Govt. scheme this forum has no jurisdiction to entertain the same.
But, he has not filed any such ruling or filed any separate non-maintainability petition due to lack of jurisdiction of this Forum.
To prove the case the complainant has adduced evidence-on-affidavit along with materials on record.
Admittedly, the complainant took sanctioned loan of Rs.50,000/- under Govt. BSKP scheme where margin money is Rs.5,000/- subsidy is Rs.10,000/- and bank paid Rs.35,000/- and the same has been repaid by the by the complaint to the OP-Bank and clearance certificate has already been issued.
Where, the OP has admitted in their written version that the complainant is entitled to get the subsidy amount of Rs.10,000/- and they are ready to pay.
The Ld. Lawyer for the OP-Bank has categorically advanced argument that they are ready to pay the subsidy amount t the complainant but the subsidy amount being under Govt. Scheme the complainant is not entitled to get any relief to that effect from this forum. He has advanced this argument relying upon a ruling but he has not referred any such ruling.
Be that as it may, if there is not dispute regarding entitlement of subsidy. There is no dispute to decide and as such there is no question of any jurisdiction. The OP-Bank will simply pay the subsidy.
But the OP-Bank has not paid the same where the complainant has got the loan from OP-Bank and as such it is clear case of deficiency in service.
It is true that the subsidy amount does not carry any interest in the bank but for the delay the complainant has claimed compensation.
Considering the above discussions as a whole we can safely conclude that the complainant is entitled to get subsidy of Rs.10,000/- and litigation cost of Rs.1,000/-.
On the basis of the above discussions all the points are disposed of in favour of the complainant in part and as such the complainant is entitled to get subsidy of Rs.10,000/- and litigation cost of Rs.1,000/-.
.
Hence,
Ordered
That the Consumer Complaint No. 167/2016 be and the same is hereby allowed on contest.
The complainant is entitled to get subsidy of Rs.10,000/- and litigation cost of Rs.1,000/-.
The OP is directed to disburse the subsidy amount Rs.10,000/- and to pay litigation cost of Rs.1000/- to the complainant within 60 days from the date of this order, failing which the OP is to pay @Rs.50/- per day’s delay as fine and the amount so accumulated shall be deposited by Demand Draft 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.
