JUDGEMENT

          Today is fixed for passing order in respect of the objection filed by the op praying for dismissal of the case on the ground that SARFAESI Act proceedings had already been started against the complainant before filing of this complaint but present complaint was filed on 02.05.2014.  Matter was heard at length from the complainant and the ops’ Ld. Lawyers and on scrutiny of the entire complaint, it is found that complainant is an government employee who availed of a House Building Loan from the SBI for purchasing a flat and approached the Manager of B.T. Road Branch, SBI, Kolkata and as per MoU in between the Government and SBI, loan was sanctioned and as per State Government order of Finance Department, Budget Branch being No.90-FB dated 13.01.2005 interest rate was fixed 7.75% P.A. in case of term loan for 15 years to 20 years and complainant availed of the same.

          Thereafter complainant had been paying EMI as per said interest rate.  But subsequently complainant came to learn that the rate of interest has been increased from 7.75% p.a. to 12.25 % p.a. resulting in enhancement in the stipulated monthly installment from Rs.3,565/- to Rs.5,353 and arrear dues of Rs.40,561/-.  Complainant against that submitted objection and made special attempts to deduct interest @ 7.75% but fact remains complainant time to time paid the EMI at the old rate of Rs.3,565/- and op bank received it and time to time issued certificate of yearly payment but the entire dispute was cropped up in enhancement the rate of interest from 7.75% to 12.25% p.a.. 

          In the meantime the bank authority op issued a notice for outstanding dues under SARFAESI Act on 08.05.2013 when complainant appeared before this Forum stating that his actual grievance had not been decided by the bank authority and bank authority arbitrarily issued such notice only to grab the entire property of the complainant which was purchased on the basis of the loan amount as granted by the op and which is no doubt under mortgage of the op bank.

          No doubt as per provision of the SARFAESI Act, Consumer Forum has no authority to decide such a dispute in view of the fact that SARFAESI Act is a special Act and special Act shall prevail over general act the present C.P. Act and at the same time after issuance of such notice u/s 13/2 of the SARFAC Act only option on the part of the complainant is to submit objection before the Debt Tribunal or to such Nodal Officer but anyhow the complainant has tried to convince that in fact the authority as per SARFAESI Act is not such an authority to decide anything judicially. 

          Complainant’s version is that he took loan as per State Government Finance Department MoU with the SBI and his loan order was granted as per said MoU.  But as per MoU the bank authority cannot increase the said interest rate when that has already been agreed upon by the bank authority and the Finance Department.  But op bank has violated all the terms and conditions of the MoU and tried to cause damages and loss to the complainant and op to realize huge amount by imposing higher rate of interest @ 12.25% issued such notice.

          After considering the entire material, it is clear that bank authority ought to have been more moral and social when this amount is very low and as per MoU no doubt complainant was granted loan by the op and in this case if there was any good outlook of bank, their authority ought to have decided it in favour of the complainant.  But in place of that probably ops became very arrogant to throw this poor government employee to the street and to remove him from the present flat.  But that is not the principle of the bank.  No doubt we have gathered that bank authority are in favour of the capitalist not they have their any social approach in respect of loan which has been granted in favour of the poorer section of the people or middle class people and in the particular case we have gathered that bank authority with vindictive attitude issued such notice u/s 13/2 of SARFAESI Act and it has become a practice of the bank authority to issue such notice well in advance against the poorer section of people so that they cannot proceed to Consumer Forum.  If this is the banking business policy of SBI then it can safely be said that moral and social approach of the banking business has been destroyed by the ops only for sufferance of the poorer section of lonee member.

          Practically there was every scope on the part of the op/bank to give some leniency which is offered in to many capitalists, big business men, in so many cases what this Forum has found.  But after considering the entire fact it is clear that bank has already taken their wicket in their hand by issuing such notice u/s 13/2 of SARFAESI Act and no doubt this Forum cannot entertain this application in view of the fact that same has already been issued prior to filing of this case and no way the complainant shall have to face the consequences as per provision of SARFAESI Act before the DR Tribunal.  But it is painful to note that Finance Department of West Bengal is there, present complainant is the employee of Judicial Department, the authority is there, but they have not taken up this matter seriously to save the present situation of a government employee when it is the duty of the Head Office of Finance Department or Judicial Department to settle the matter with the bank because the MoU was executed in between the Finance Department and the bank the present op.  If the Finance Department and Judicial Department of Government of West Bengal take up the matter to save the situation of their present employee’s with the op in that case the matter can easily be settled and solved.

          But anyhow the matter has not been properly dealt with the Finance Department or Judicial Department.  In the above situation we feel that the matter of the complainant may be placed before the Secretary, Judicial Department and also Secretary, Finance Department for giving some redressal and we have gathered that it is the duty of the Secretary, Judicial Department and Secretary, Finance Department to settle the dispute of this complainant with the bank.  When the loan was granted by the banking authority as per MoU in between the Finance Department of Government of West Bengal and the banking authority.  If social approach of the Finance Department and Judicial Department are properly ventilated in this case and the matter is taken by those Departments we are convinced to hold that the matter can be disposed and complainant may get relief from the hands of the op, otherwise ops shall swallow a poor government employee.  But we have failed to understand for what reason op has taken such sort of immoral and unsocial Act in such sort of case when he is the government employee.  When complainant has no scope to flee away and there is every chance for deduction of EMI from his salary we feel the whole matter should be referred to Secretary Judicial Department and Finance Department for disposal of the same to save this complainant from the arrogant and immoral and unsocial activities of the ops.  Accordingly we are disposing of the matter holding that this Forum has no jurisdiction at this stage to decide it but we are referring this matter to Secretary, Judicial Department and Secretary, Finance Department for taking up the matter of this complainant an employee of the Judicial Department Government of West Bengal with the present op bank and to settle the matter so that this poor Judicial staff of the Judicial Department may be saved from the arrogant attitude of the ops/bank.

          Both parties/Complainant are/is directed to place the matter before the Secretary, Judicial Department and Secretary, Finance Department who shall have to settle the same for the better interest of the government employee when the chance of defrauding the bank by the complainant does not arise and chance of realization of outstanding loan can be made by the op at any time only by writing to Secretary, Finance Department or Secretary, Judicial Department and there was no need to issue such notice u/s 13/2 of SARFAESI Act and we are sure that this notice was served by the op intentionally and motivatedly against such poor staff and till disposal of this matter by the Finance Department and Judicial Department, bank shall not have to disturb the complainant.

          Accordingly this complaint is disposed finally.