Complainant Niladri Dey, by filing this complaint has submitted that complainant is a regular staff under op no.2 (Gun & Shell Facrtory, Cossipure) and drawing his salary from his Salary Savings account at op no.1. Op no.3 is also a regular staff under op no.2 and shifted his salary from op mno.1 bank to other bank and drawing regular salary from the other bank.
Fact remains that op no.3 in the year 01.02.2010 took one personal loan to the extent of Rs. 2,00,000/- due to treatment of his wife and complainant is co-worker on the request of op no.3 put signatures as guarantor of the said loan disbursed from Baranagar Branch and at that time op no.3 hold salary account at Baranagar Branch.
Op no.3 shifted his salary account from Baranagar Branch to UBI Cossipore Branch intentionally with malafide intention when in the year 24.11.2012 there was a settlement with op nos.1 and 3 for payment of Rs. 1,80,000/- of the said loan but op no.3 by shifting his salary account to other bank did not settle the said account of loan being A/c No. 3062128892 and said op no.1 to recover the said loan did not take any measures against op no.3 but issued one demand letter on 11.11.2014 to the op no.3 demanding Rs. 3,55,978/-. Op no.1 transferred the said demand loan from Baranagar Bramnch to Cossipore Branch by their higher management and from the month of September the entire salary of complainant blocked and from September 2014 no salary has yet been received by complainant as the entire salary account is freezed by op no.1 to recover due amount of the loan taken by the op no.3 which is illegal as the said op no.3 is regularly working at the workshop of op no.2 and drawing his full salary from the Government of India from the bank account and no money suit is instituted against him nor any police case is instituted against the op no.3 for not paying the said loan amount and no execution case is instituted by the op no.1 against Lok Adalat Order dated 24.11.2012 of Rs. 1,80,000/- from the op no.3 but said op no.1 freezed the account of the complainant for recovery of the due of op no.3 when op no.3 is available for execution.
Op no.1 could not perform any act for such recovery against the guarantor when all the process is exhausted and failed against the op no.3 though he took the loan and enjoyed it by getting full salary from op no.2 but willfully denied to return and pay his own loan to op no.1 and it is no doubt a complete act of deficiency of service as complainant is a consumer to op no.1 having salary account and his said account cannot be freezed for withdrawing his salary without any Court order or legal process when original borrower is enjoying his salary and denying the loan and no step is yet taken against them and in the above circumstances, complainant has prayed for proper relief and to direct the op to return the entire money with a direction not to deduct salary of the complainant for repayment of the said loan to op no.1 and other relief.
On the other hand op bank Central Bank of India by filing this complaint has submitted that as per loan agreement, op no.1 can perform any act of recovery against guarantor also after exhausting all the process against the op no.3 and complainant is not a consumer under the op and further mentioned that no amount of the salary account of the complainant was deducted for payment of loan. But for certain period it was held when complainant is a guarantor with op no.3 and guarantor is equally liable for payment of the said loan and in the above circumstances, the present complaint should be dismissed and necessary order can be passed by directing the both guarantor and lonee member to pay the loan.
Decision with reasons
On an in depth study of the complaint and written version and also considering the entire materials on record, it is found that no doubt it is admitted position is that op no.3 took loan from the op no.1 for which complainant was a guarantor and complainant and op no.3 are regular staff of Ichhapur Gun & Shell Factory, Cossipore and truth is that in the bank of op no.1, there were salary account of op nos. 1 & 3. But op no.3 in the meantime shifted his salary account to other branch i.e. UBI, Cossipore Branch only to avoid payment of any loan amount.
After considering the material, it is found that upto 11.11.2014 outstanding balance of the said loan account of op no.3 is Rs. 3,55,978/-. But op no.3 has not paid it. In the above situation, op no.1 bank held the said savings account of the complainant. But fact remains that for that reason, complainant cannot suffer, rather from his account statement it is clear that he has been drawing his salary as it is.
So, apparently it is found that complainant has not been anyway deceived by the op no.1 bank and from his salary account statement it is clear that complainant has been withdrawing his salary as per his choice and no portion of the salary account has been deducted. Truth is that salary account of the complainant is 1454709005 and till 28.02.2015 complainant withdrew money on different dates and in his balance in total is Rs. 3,19,729/- and no portion was deducted by the op no.1. So, apparently complainant’s allegation that salary account is withheld is not substantiated at this stage.
But considering the whole situation and conduct of the op no.3, the lonee member namely Salil Kumar Banerjee, S/o Late S.K. Banerjee, 10/7, New Jheel Road Estate, Cossipore, Kolkata – 700002 we are convinced that Salil Kumar Banerjee is an employee of Gun & Shell Factory Office at Cossipore, Kolkata – 700002 and it is undisputed fact that the op no.3 had not been paying the loan amount to the op no.1 as yet and to avoid payment of EMIs he has shifted his salary account from the bank of op no.2 to UBI, Cossipore intentionally and with malafide intention.
In the above situation, we find that General Manager of Gun & Shell Factory, Cossipore must have to take such step for deduction of 40 percentof the salary of Salil Kumar Banerjee per month and to deposit the said amount to the Central Bank of India at Gun & Shell Factory Branch, Cossipore against loan account of op no.3 Salil Kumar Banerjee henceforth till full payment of the same and at the same time till full payment of the bank loan amount of op no.3, General Manager, Gun & Shell Factory, Cossipore shall not release any benefit of pension or any other outstanding amount to the op no.3 and accordingly the complaint is decided.
Hence, it is
ORDERED
That the complaint be and the same is allowed on contest against op no.1 and exparte against other ops finally by passing such necessary order.
Op no.2 Gun & Shell Factory, Cossipore is hereby directed to deduct 40 percentof the total salary and to deposit it to the Central Bank of India at Gun & Shell Factory branch Cossipore against loan account of Salil Kumar Banerjee op no.3 till full satisfaction of the outstanding loan amount of op no.3.
Op no.1 is directed to submit their details statement of loan account of op no.3 Salil Kumar Banerjee, General Manager of Gun & Shell Factory, Cossipore to op no.2 General Manager, Gun & Shell Factory who shall have to deposit 40 percentof the total salary of the op no.3 Salil Kumar Banerjee to loan account of op no.3 at Central Bank of India at Gun & Shell Factory, Cossipore Branch regularly and in each month till full satisfaction of the outstanding dues against loan account op no.3 Salil Kumar Banerjee.
Further General Manager, Cossipore Branch shall not have to release the pension benefit to the op no.3 Salil Kumar Banerjee till full satisfaction of the outstanding loan amount of op no.3 and it shall be noted in the service book of Salil Kumar Banerjee an employee of op no.2, General Manager, Gun & Shell Factory.
Op no.1 shall have to take such step as per order and submit such detail outstanding dues of the op no.3 to op no.2 and pray for depositing said 40 percentdeducted amount of total salary amount of Salil Kumar Banerjee from the General Manager, Gun & Shell Factory, Cossipore. General Manager, Gun & Shell Factory, Cossipore hereby directed to comply the order and after passing such order report it to Central Bank of India at Gun & Shell Factory Branch and also Salil Kumar Banerjee.
Salil Kumar Banerjee shall have to comply the order failing which penal action shall be started against Salil Kumar Banerjee also along with op no.2 General Manager, Gun & Shell Factory.
After fulfilment of payment of outstanding loan amount op no.3 complainant shall be released from his liability and after fulfilment of the decree matter shall be reported to this Forum.
General Manager Gun & Shell Factory is hereby directed to submit his report about his compliance within one month from the date of this order and op no.1 is also directed to submit report in this regard within one month failing which penal action shall be started for which they shall be prosecuted u/s 27 of C.P. Act 1986 and penalty and fine shall be imposed.
