Ld. Advocate(s)
For Complainant: Makbul Rahaman
For OP/OPs : None
Date of filing of the case :18.12.2020
Date of Disposal of the case : 03.07.2023
Final Order / Judgment dtd. 03.07.2023
Complainant above name filed the present complaint u/s 35 Consumer Protection Act 2019 against the aforesaid OPs praying for sanction of loan amounting to Rs.5,00,000/- in the name of complainant, compensation amounting to Rs. 2,00,000/-, cost of the case and other relief. He alleged that complainant is a Consumer under OP no. 1 having account no. 5166050000116 and 5166010006701. Complainant has a business of pesticide. He applied for a loan of Rs. 5,00,000/- before the OP no. 1. Thereafter, OP no. 1 directed him to submit all the relevant papers for the said loan. Thereafter, the complainant submitted all the documents before the OP no. 1 and he verified those documents. Thereafter, OP no. 1 informed the complainant that as per CIBIL SCORE complainant had already taken a loan on previous occasions. Complainant became astonished and shocked hearing the said information. OP no. 1 also informed him that complainant took the said loan at Bangiya Gramin Vikash Bank, Balia Branch Chakda and his father’s name is Ram and mobile number is 933421367 and previous loan account no. 5045300005487 and 5045250009058. Complainant never took any such loan. He on 12.10.2022 submitted an application before the OP no. 1 and 2. Copy of the said application already sent to OP no. 4 and informed them that he never took any such loan from Bangiya Gramin Vikash Bank Balia Branch Chakda vide account no. 5045300005487 and 5045250009058 but complainant did not get any response from them.
On perusal of the record we find that the case is running ex-parte against OP no. 1, 2 and 5 vide order 10 dtd. 18.10.2022. Case is also running ex-parte against OP no. 3 and 4 vide order 11 dtd. 20.10.2022.
TRIAL
During trial complainant filed affidavit-in-chief
DOCUMENTS
Complainant produced following documents:
- Original Saving Bank Account Pass Book in the name of complainant vide account no. 5166050000116.
- Letter dtd. 12.10.2020 issued by complainant against OP no. 1, 2 and 4.( Three sheets).
3. Net copy of CIBIL SCORE report. (Eight sheets) (annexure :-3).
4. Copy of Pan Card of complainant. (annexure :-4).
5. Copy of Voter Card of complainant. (annexure :-5)
6. Copy of Aadhaar Card of complainant. (annexure :-6).
BNA
Complainant filed BNA.
DECISION WITH REASONS
We have carefully gone through the petition of complaint filed by the complainant, documents filed by the complainant, affidavit-in-chief filed by the complainant and BNA filed by the complainant.
We have carefully gone through the affidavit-in-chief filed by the complainant which is unchallenged testimony and we do not find any reason to disbelieve the same.
We find that complainant alleged that he never took any loan from Bangiya Gramin Vikash Bank Balia Branch Chakda vide loan account no. 5045300005487 and 5045250009058. So it was a duty of the OP no. 1 and 2 to prove that the complainant took the aforesaid two loans but they did not turn up before this Commission as a results we could not hear the statement of OP no. 1-5.
We have carefully gone through the documents namely CIBIL SCORE report. As per said documents complainant Biswajit Biswas took business loan vide account no. 5045300005487. Sanctioned amount of the said loan is Rs. 1,62,175/- said loan was disbursed on 05.01.2016 and last date of payment was 30.03.2019. We also find another business loan has been granted in the name of the complainant vide account no. 5045250009058 and sanctioned amount is Rs37, 000/-.
On perusal of the previous account we find that sanctioned amount was Rs.1,62,175/- out of which payment has made in the said loan account till 30.03.2019 and after payment there was a due in the said loan account as on 31.03.2020 amounting to Rs. 12,069/-. In the second loan account sanctioned amount is Rs.37,000/- and current balance is Rs.10,000/-. We also find that name of the Branch has noted as Bangiya Gramin Vikash Bank Balia Branch Chakda. Name of borrower is Biswajit Biswas son of Ranajit Biswas Mahishpara, Dignagar, Nadia having date of birth is 16.07.1977, having voter Id card WB/11/075/594427, having Pan Card no. AVSPB1580B, having email no. BISWAJITDIGNAGAR1@ gmail.com.
On perusal of the Aadhaar Card of the complainant we find that name of the complainant has mentioned as Biswajit Biswas son of Ranajit Mahishpara, Dignagar, Nadia.
Date of birth of the complainant has noted therein as 01.01.1977. Perused of the copy of the Aadhaar card of the complainant and Pan Card number of the complainant has noted in the CIBIL SCORE.
Now the question becomes before this Commission that the complainant took the aforesaid two loans from the Bangiya Gramin Vikash Bank Balia Branch Chakda or not.
In the present case complainant made the aforesaid Bangiya Gramin Vikash Bank Balia Branch Chakda as OP no. 3.
It would better if OP no. 3 would came before this Commission and produced the documents executed at the time of disbursement of amount then it would clear that complainant actually executed those documents or not.
In that case there was a scope for verification the signature of the complainant with those documents. OP no. 3 not yet appeared before this Commission nor made co-operation for proper adjudication of the dispute.
Reasons best known to them.
In this situation we have no other alternative but to believe the affidavit-in-chief of the complainant. Complainant stated in the affidavit-in-chief that he did not take aforesaid two loans from Bangiya Gramin Vikash Bank Balia Branch Chakda.
On perusal of record we find that complainant is a consumer and OP no. 1-5 are service provider.
Having regard to the aforesaid discussion it is clear before us that complainant has able to established his grievance before this Commission by sufficient documents and he is entitled to relief as per prayer.
In the result present case succeeds.
Hence,
It is
Ordered
that the present case be and the same is allowed ex-parte against OP no. 1-5 with cost of Rs. 5,000/- to be paid by OP no. 1 -5 in favour of the complainant.
OP no. 1-5 jointly or severally are directed to take note that complainant did not take any loan as per the noting of the CIBIL SCORE report vide loan account no. 5045300005487 and 5045250009058 at the time of disbursement of any loan in favour of the complainant.
OP no. 1-5 jointly or severally are directed to pay Rs. 10,000/- as compensation to the complainant for his mental pain, harassment and agony within one month from this date failing which complainant shall have liberty to put this order into execution.
Let a copy of this order be supplied to both the parties as free of cost.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) .................................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I concur,
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MEMBER
(NIROD BARAN ROY CHOWDHURY)
