Govt. of West Bengal
District Consumer Disputes Redressal Commission, Darjeeling
24, M.C. Road, Chota kak Jhora,
P.O & Dist: Darjeeling, Pin- 734101. W.B
Phone No:- 0354-2252305
Consumer Complaint No- C.C- 02/2021
Date of Filing Date of Disposal
05.04.2021 26.04.2023
Complainant Opposite Party
Sri. Shankar Rai, The Branch Manager,
S/O Late Kamal Kumar Rai, Uttarbanga Kshetriya Gramin Bank
Resident Of:- Lebong Branch,
Lower Bhutia Busty, Pul Dhara, P.O: Lebong,
Deokota Gram, P.S & Dist:- Darjeeling
P.O, P.S & Dist:- Darjeeling. Pin- 734105.
Pin- 734101.
Present:- Sri. Siddhartha Ganguli………………. Hon’ble President-in- Charge.
Mrs. Bhawana Thakuri…………….. Hon’ble Member( Female).
Ld. Advocate for the Complainant:- Prerana Pradhan.
Ld. Advocate for the Opposite Party:- Prem C Khati.
F I N A L O R D E R
An application has been filed by the Complainant u/s 35 of the Consumer Protection Act, 2019, against the Opposite Party (Bank) alleging deficiency in service as stated in the petition of the complaint for deducting excess amount
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of Rs. 1,16,254/ ( Rupees One Lakh Sixteen Thousand Two Hundred and Fifty Four only) and Rs. 43,200/- (Rupees Forty Three Thousand and Two Hundred only) from the bank account of the Complainant in respect of his house building loans and therefore the Complainant prayed for refund of the said amount along with 18 % interest and further prayed for compensation to the tune of Rs. 50,000/- (Rupees Fifty Thousand only) and litigation cost of Rs. 20,000/- (Rupees Twenty Thousand only).
The gist fact of the case in a nutshell is that, the Complainant being a Head Master of a primary school availed a House Building Loan of Rs. 3,00,000/- ( Rupees Three Lakh only) from the Opposite Party (Bank) and the same was sanctioned to him in the month of June 2002 against Loan Account No. 33903 (Old) corresponding to New Loan Account No. 4000931510000045 (New).
It is stated by the Complainant that he has to mortgage his landed property with the Bank for the purpose of obtaining the loan from the Bank.
It is further stated by the Complainant that a total of 174 Installments were fixed by the Opposite Party and an amount of Rs. 3750/- (Rupees Three Thousand Seven Hundred and Fifty only) was directly debited from the salary account of the Complainant being Account No. PST1 (Old), PST5001 (till August 2011) and it was credited to the above noted Loan A/c.
It is further stated by the Complainant that the entire process was done by the Bank manually and since July 2002 the Complainant has paid regularly Rs. 3750/- ( Rupees Three Thousand Seven Hundred and Fifty) per month from his salary account to the said Loan Account and it is further stated by the Complainant that in the month of July 2004, the Complainant had applied for
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extension of Loan for a sum of Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand only ) and the same was sanctioned by the Bank to him and a new loan account Number was opened, being Loan Account No. 33915 (Old) corresponding to New Loan A/c No. 4000931510000035 by fixing 174 Installments @ of Rs. 1,728/ ( Rupees One Thousand Seven Hundred and Twenty Eight only).
The Complainant has further stated that he has also paid both the installments from his Salary Account and since July 2002 a total of 205 Installments each having Rs. 3,750 ( Rupees Three Thousand Seven Hundred and Fifty only) were deducted from his Salary Account and was also credited in Loan Account being No. 4000931510000045 (New) instead of 174 Installments and again he has paid 199 Installments @ Rs. 1,728/- ( Rupees One Thousand Seven Hundred and Twenty Eight only) per month which was also deducted from his Savings Account and was also credited to Loan Account No. 33915 (Old) corresponding to 4000931510000035(New) instead of 174 installments and as per calculations of the Complainant, he has paid an extra 31 and 25 Installments respectively.
It is the allegation of the Complainant that the Complainant was shocked to notice that an outstanding amount of Rs. 2,78,560/- (Rupees Two Lakh Seventy Eight Thousand Five Hundred and Sixty only) was showing as an outstanding amount against Loan A/c No. 4000931510000045 and Rs. 1,44,195/- (Rupees One Lakh Forty Four Thousand One Hundred and Ninety Five only) was showing outstanding against Loan A/c No. 4000931510000035.
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Being aggrieved, the Complainant had approached before the Assistant Director, CA & FBP, Consumer Affairs Department, Darjeeling for mediation. But the meditation failed.
It is the allegation of the Complainant that the Opposite Party has deducted an extra amount of Rs. 1,16,254/- (Rupees One Lakh Sixteen Thousand Two Hundred and Fifty Four only) against the Loan A/c No. 4000931510000045 and Rs. 43,200/- (Rupees Forty Three Thousand and Two Hundred only) against the Loan A/c No. 4000931510000035 and therefore, the Complainant has filed this Petition of complaint before this District Commission praying for refund of the excess amount as stated above, along with interest @ 18% P.A, and compensation to the tune of Rs. 50,000/- ( Rupees Fifty Thousand only) and litigation cost of Rs. 20,000/- ( Rupees Twenty Thousand only) from the Opposite Party.
In order to prove the case, the Complainant files the following list of Xerox Documents:-
- Adhaar Card of the Petitioner. (Annex I).
- Application for House Building Loan (2 Pages) (Annex II).
- Loan Sanction Letter (3 pages) (Annex III).
- Letter of Confirmation.( (Annex IV)
- Mortgage of Land Paper. (Annex V)
- Statement of Loan A/c No. 4000931510000045 (4 pages). (Annex VI)
- Statement of Loan A/c No. 4000931510000035 (5 pages). (Annex VII)
- Correspondence with Regional Manager, UBKB (Annex VIII)
- Letters and order of CA & FBP, Darjeeling (7 pages) (Annex IX)
- Request for full and final settlement to the Bank dated 16.07.2019 (Annex X)
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The Opposite Party (Bank) appeared before this District Commission and filed Written Version on 01.12.2021 and denied all the allegations made in the averment and stated that the Complainant had availed House Building Loan from the Opposite Bank and further stated that during that period the entire system of the Bank was manually entered and veracity of the Complainant regarding loan account could not be verified as the manual records of the Bank was untraceable. The O.P bank has introduced the computer system in the year of 2011 and the Loan Account of the Complainant is still showing operative, wherein a substantial amount is showing due and for which the Complainant has to pay the same.
Further, in the Written Version, the Opposite Party referred to a Circular of Reserve Bank of India and the O.P Bank has stated that in terms of the said regulation the Bank has to preserve the manual records for 10 years only.
After scrutinizing the said Written Version, it is seen that the said Written Version has not been supported with an Affidavit. Subsequently, a direction was given to the Opposite Party to furnish Written Version afresh duly supported by an Affidavit and the Opposite Party on 20.10.2022 submitted an Affidavit and prayed for treating the Affidavit as part of the Written Version.
During hearing, the Complainant has adduced evidence and filed Written Affidavit-in-Chief. The O.P filed questionnaire against the chief of the Complainant and opportunity was given to the Complainant to file reply. But, the Complainant did not file any reply despite several dates have been given to him and as a result of that his chance for filing reply has been closed on 20.11.2021 and the case was fixed for evidence of the Opposite Party.
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The Opposite Party also did not adduce any evidence, despite giving him several opportunities and ultimately a date was fixed for Argument of the case by the parties on 25.04.2023.
On 25.04.2023, the Argument was heard in presence of both the sides and both the Learned Advocates filed separate petition praying for considering their Compliant Petition and Written Version respectively as their Brief Notes of Argument and this Commission accepted those petitions.
During the course of Argument Learned Advocate for the Opposite Party pointed out that the Regional Manager of the Opposite Party Bank has furnished one report being Ref No. RO/SLG/36/003/2022-2023/F/MISC dated 07.04.2022 and the same has been filed by the Opposite Party Bank, wherefrom it is manifested that only an amount of Rs.19,720/( Nineteen Thousand Seven Hundred Twenty only) is paid an excess by the Complainant in the loan A/C No:- 4000931510000045 and 5,874/- (Rupees Five Thousand Eight Hundred and Seventy Four only) is recoverable from the Complainant against the Loan A/c No:- 4000931510000035. But, the Learned Advocate for the Complainant has disputed about the amounts as noted above.
From the Complaint Petition, Written Version filed by the Opposite Party, Evidence of the Complainant and other materials on record, the following points have been framed :-
- Is the Complainant a Consumer under the Consumer Protection Act, 2019 or not?
- Is there any deficiency of service caused by the Opposite Party?
- Is the Complainant entitled to get any sort of refund as prayed for?
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DECISIONS WITH REASONS
Discussion on Point No:- 1
From the evidence of the Complainant and other documents annexed by the parties it is evident that the Complainant, being a Head Master of a primary school, availed a House Building Loan of Rs. 3,00,000/- ( Rupees Three Lakh only) from the Opposite Party (Bank) and the same was sanctioned to him in the month of June 2002 against Loan Account No. 33903 (Old), corresponding to New Loan Account No. 4000931510000045 (New) and for which a total of 174 Installments were fixed by the Opposite Party and an amount of Rs. 3750/- (Rupees Three Thousand Seven Hundred and Fifty only) was directly debited from the salary account of the Complainant being Account No. PST1 (Old), PST5001 (till August 2011) and it was credited to the above noted Loan A/c. It is evident that the entire process was done by the Bank manually and since July 2002 the Complainant has paid regularly Rs. 3750/- ( Rupees Three Thousand Seven Hundred and Fifty) per month from his salary account to the said Loan Account.
It is further evident from the evidence of the Complainant and other documents available with the case record that in the month of July 2004, the Complainant had applied for extension of Loan for a sum of Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand only ) and the same was sanctioned by the O.P Bank to him and a new loan account Number was opened, being Loan Account No. 33915 (Old) corresponding to New Loan A/c No. 4000931510000035 by fixing 174 Installments @ of Rs. 1,728/ ( Rupees One Thousand Seven Hundred and Twenty Eight only).
The Complainant has further stated in his evidence that he has also paid
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both the installments from his Salary Account and since July 2002 a total of 205 Installments each having Rs. 3,750 ( Rupees Three Thousand Seven Hundred and Fifty only) were deducted from his Salary Account and was also credited in Loan Account being No. 4000931510000045 (New) instead of 174 Installments and again he has paid 199 Installments @ Rs. 1,728/- ( Rupees One Thousand Seven Hundred and Twenty Eight only) per month which was also deducted from his Savings Account and was also credited to Loan Account No. 33915 (Old) corresponding to 4000931510000035(New) instead of 174 installments and as per calculations of the Complainant, he has paid an extra 31 and 25 Installments respectively.
The crux of the matter is that the Complainant was shocked to notice that an outstanding amount of Rs. 2,78,560/- (Rupees Two Lakh Seventy Eight Thousand Five Hundred and Sixty only) was showing as an outstanding amount against Loan A/c No. 4000931510000045 and Rs. 1,44,195/- (Rupees One Lakh Forty Four Thousand One Hundred and Ninety Five only) was showing outstanding against Loan A/c No. 4000931510000035 and therefore being aggrieved, the Complainant had approached before the Assistant Director, CA & FBP, Consumer Affairs Department, Darjeeling for mediation. But the meditation was failed and therefore finally the Complainant has approached before this District Commission for redressal of his consumer dispute with a prayer for a direction of refund of Rs. 1,16,254/- (Rupees One Lakh Sixteen Thousand Two Hundred and Fifty Four only) against the Loan A/c No. 4000931510000045 and Rs. 43,200/- (Rupees Forty Three Thousand and Two Hundred only) against the Loan A/c No. 4000931510000035 from the O.P Bank and he also claimed interest @ 18% P.A, and compensation to the tune of Rs. 50,000/- ( Rupees Fifty Thousand only) and litigation cost of Rs. 20,000/- ( Rupees Twenty Thousand only) from the O.P Bank.
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The O.P bank did not dispute that the Complainant had not taken any loan from its bank; rather it disputed regarding the outstanding amounts only, which the O.P Bank has furnished before this Commission.
Here, in our considered opinion that the Complainant is a consumer within the definition of “Consumer” as defined U/S 2(7) of the C.P. Act, 2019 and the O.P Bank is the “service provider” and the dispute involved in the case is a purely “Consumer Dispute”.
The point No:1 is thus elaborately discussed and disposed of in favour of the Complainant.
Discussion on Point No:- 2
Now in order to ascertain whether the O.P was deficient or not we have to consider the evidence adduced by the parties once again.
It is seen from the evidence of the Complainant and the copy of documents filed by the parties that the Complainant, being a Head Master of a primary school, availed a House Building Loan of Rs. 3,00,000/- ( Rupees Three Lakh only) from the Opposite Party (Bank) and the same was sanctioned to him in the month of June 2002 against Loan Account No. 33903 (Old), corresponding to New Loan Account No. 4000931510000045 (New) and for which a total of 174 Installments were fixed by the Opposite Party and an amount of Rs. 3750/- (Rupees Three Thousand Seven Hundred and Fifty only) was directly debited from the salary account of the Complainant being Account No. PST1 (Old), PST5001 (till August 2011) and it was credited to the above noted Loan A/c. It is evident that the entire process was done by the Bank manually and since July 2002 the Complainant has paid regularly Rs. 3750/- ( Rupees Three Thousand Seven Hundred and Fifty) per month from
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his salary account to the said Loan Account. The O.P Bank also conceded the same.
It is further evident from the evidence of the Complainant and other documents available with the case record that in the month of July 2004, the Complainant had applied for extension of Loan for a sum of Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand only ) and the same was sanctioned by the O.P Bank to him and a new loan account Number was opened, being Loan Account No. 33915 (Old) corresponding to New Loan A/c No. 4000931510000035 by fixing 174 Installments @ of Rs. 1,728/ ( Rupees One Thousand Seven Hundred and Twenty Eight only).
The Complainant has further stated in his evidence that he has also paid both the installments from his Salary Account and since July 2002 a total of 205 Installments each having Rs. 3,750/- ( Rupees Three Thousand Seven Hundred and Fifty only) were deducted from his Salary Account and was also credited in Loan Account being No. 4000931510000045 (New) instead of 174 Installments and again he has paid 199 Installments @ Rs. 1,728/- ( Rupees One Thousand Seven Hundred and Twenty Eight only) per month which was also deducted from his Savings Account and was also credited to Loan Account No. 33915 (Old) corresponding to 4000931510000035(New) instead of 174 installments and as per calculations of the Complainant, he has paid an extra 31 and 25 Installments respectively.
The crux of the matter is that the Complainant was shocked to notice that an outstanding amount of Rs. 2,78,560/- (Rupees Two Lakh Seventy Eight Thousand Five Hundred and Sixty only) was showing as an outstanding amount against Loan A/c No. 4000931510000045 and Rs. 1,44,195/- (Rupees One Lakh Forty Four Thousand One Hundred and Ninety Five only) was
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showing outstanding against Loan A/c No. 4000931510000035 and therefore being aggrieved, the Complainant had approached before the Assistant Director, CA & FBP, Consumer Affairs Department, Darjeeling for mediation. But the meditation was failed and therefore finally the Complainant has approached before this District Commission for redressal of his consumer dispute with a prayer for a direction of refund of Rs. 1,16,254/- (Rupees One Lakh Sixteen Thousand Two Hundred and Fifty Four only) against the Loan A/c No. 4000931510000045 and Rs. 43,200/- (Rupees Forty Three Thousand and Two Hundred only) against the Loan A/c No. 4000931510000035 from the O.P Bank and he also claimed interest @ 18% P.A, and compensation to the tune of Rs. 50,000/- ( Rupees Fifty Thousand only) and litigation cost of Rs. 20,000/- ( Rupees Twenty Thousand only) from the O.P Bank.
The O.P bank did not dispute that the Complainant had not taken any loan from its bank; rather it disputed regarding the outstanding amounts only, which the O.P Bank has furnished before this Commission.
But, it is clearly manifested from the copy of documents filed by the O.P Bank prepared by the Regional Manager of the Opposite Party Bank, being Ref No. RO/SLG/36/003/2022-2023/F/MISC dated 07.04.2022 that only an amount of Rs.19,720/( Nineteen Thousand Seven Hundred Twenty only) is paid an excess by the Complainant in the loan A/C No:- 4000931510000045 and 5,874/- (Rupees Five Thousand Eight Hundred and Seventy Four only) is recoverable from the Complainant against the Loan A/c No:- 4000931510000035.
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Learned Advocate for the Complainant has disputed about the amounts as furnished by the O.P Bank but, on the contrary he did not file any cogent and convincing evidence by way of statement of accounts or otherwise in order to prove the excess amounts paid by him in those two loan accounts as per his claim, therefore due to lack of evidence on the part of the Complainant, we are accepting the report filed by the O.P bank as stated above considering it cogent, reliable and trustworthy one.
Now, even if the above report is accepted, it is crystal clear that the Complainant has paid an excess amount of Rs. 19,720/( Nineteen Thousand Seven Hundred Twenty only) against the loan account No:- 4000931510000045 and further it is elucidated from the said report that an amount of Rs. 5874/ (Rupees Five Thousand Eight Hundred and Seventy Four only) is outstanding, which is recoverable from the Complainant against the loan account No:- 4000931510000035. Knowing fully well about the excess payment done by the Complainant, as mentioned herein above, the O.P Bank did not take any initiative to refund the same to the Complainant. Neither the O.P Bank had adjusted the same with the loan account, which shows outstanding, nor did it refund the amount to the Complainant. The complainant had to run from pillar to post for his redressal but of no avail and ultimately he has to take shelter under the umbrella of Consumer Protection Act,2019 for his grievance. The O.P Bank ought to have returned the excess amount of Rs. 19,720/ paid by the Complainant after adjusting the outstanding amount of Rs. 5874/, i.e Rs. ( Rs. 19720-Rs.5874=Rs.13846/ ) to the Complainant. But the O.P Bank did not make any payment to the Complainant even after filing of the instant case.
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Therefore, we are of the view that the O.P bank is deficient in providing proper service to the Complainant.
The point No:2 is thus elaborately discussed and disposed of in favour of the Complainant.
Discussion on Point No:- 3
Now in order to ascertain the quantum of the Compensation and litigation cost, we are of the view that an amount of Rs.2,000/( Two Thousand Only) as Compensation is just, sufficient and subserve in order to mitigate the mental sufferings, agony etc. suffered by the Complainant and an amount of Rs.1,000/ ( Rupees One Thousand Only) is just and proper for awarding the cost of the proceedings.
The point No:3 is thus elaborately discussed and disposed of in favour of the Complainant.
From the above discussion, it is clear that the Complainant is able to prove his case, but in part.
Hence,
It is ordered that the Consumer Complaint, being No:- C.C- 02 of 2021 is allowed on contest, but in part.
The O.P bank is directed to refund the excess amount of Rs. 19,720/ ( Nineteen Thousand Seven Hundred Twenty only)paid by the Complainant in the loan A/C No:- 4000931510000045 after adjusting the outstanding amount of Rs. 5874/(Rupees Five Thousand Eight Hundred and Seventy Four only), against the Loan A/C No:-4000931510000035, i.e Rs. 19720-Rs.5874=Rs.13846/ ( Rupees Thirteen Thousand Eight Hundred Forty Six Only)
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to the Complainant, within 45 days from the date of this order, along with 10% interest, which shall be calculated from the date of filing of the case till the date of actual payment.
The O.P Bank is further directed to make payment of Rs.2,000/( Two Thousand Only) as compensation and Rs.1,000/( Rupees One Thousand Only) as litigation cost to the Complainant, within 45 days from the date of this order.
In case of any default made by the O.P Bank, the Complainant is at liberty to put the entire order under execution as per the provisions made in the C.P. Act, 2019.
Let a free Copy of this Order be supplied to the parties concerned as per the C.P. Rules and regulations, 2020.
Member President-in- Charge
D.C.D.R.C D.C.D.R.C
Darjeeling Darjeeling
Typed and Corrected by
…………………………………………………………….
( Siddhartha Ganguli, President-in- Charge,)
D.C.D.R.C, Darjeeling.
