| Final Order / Judgement | BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM CACHAR :: SILCHAR Con. Case No. 48 of 2012 Sri Pradip Chakraborty, S/o Sri Binode Chakraborty West Narsing Road, Silchar Dist. Cachar, Assam………………………………………………………… Complainant. -V/S- 1. United Bank of India Represented by its Manager, UBI 11 Hemanta Basu Sarani, Kolkata …………………………. O.P No.1. 2. The Chief Regional Manager, UBI Central Road, Silchar, Opp. Vishal Mart ……………………….. O.P No.2. 3. The Assistant General Manager, UBI Silchar Branch, Central Road, Silchar ………………………….. O.P No.3. Present: - Sri Bishnu Debnath, President, District Consumer Forum, Cachar, Silchar. Sri Kamal Kumar Sarda, Member, District Consumer Forum, Cachar, Silchar. Appeared: - Mr. Saumak Dhar Choudhury & Subhrajyoti Dutta Advocate for the complainant. None for the O.Ps. Date of Evidence 31-05-2013 Date of written argument 29-11-2018 Date of oral argument 27-12-2018 Date of judgment 10-01-2019 JUDGMENT AND ORDER Sri Bishnu Debnath, - This complaint has lodged by Sri Pradip Chakraborty against the United Bank of India (UBI) and against its 2 (Two) more Officers under the provision of the Consumer Protection Act 1986 for declaration that cancellation of loan sanction order No. BR/SLC/ADV/CC/2012 dated 03-07-2012 for Rs.50,00,000/- (Rupees Fifty Lakhs) is illegal, inoperative, malafide, unjust, improper and not binding upon the complainant and accordingly liable to be set aside. Alongwith the above declaratory relief the complainant also prayed for consequential relief of mandatory direction to the UBI, to disburse the loan of aforesaid amount of Rs.50,00,000/- in favour of the complainant. In this complaint, the complainant also prayed for relief of compensation for harassment, mental agony etc. and compelling the complaint to purchase TATA AIG Policy No.C-201312212 etc.
- To get the above reliefs the complainant stated the fact in his complaint. The relevant facts are reproduced below in brief:-
The complainant is holder of SB A/C No. 0037050054180 in the UBI, Silchar Branch. The transaction of his Export and Import has been operating through that bank account. Based on such credential relation with the UBI the complainant applied for loan of Rs.50,00,000/-(Rupees Fifty Lakhs). Accordingly, after observing all formalities the UBI sanctioned loan of Rs.50,000/- limit vide Sanction Letter No. BR/SLC/ADV/CC/2012 dated 03-07-2012. It is to be mentioned here that at the stage of observing formalities for sanction of the loan, the complainant was asked by the AGM i.e O.P No.3 to purchase TATA AIG Insurance Policy worth Rs.50,000/-. Accordingly he purchased the policy, vide Policy No. C-201312212. He was also assured by the UBI to take up his House Building Loan with LIC Housing Finance Ltd., and accordingly the claim settled the outstanding of House Building Loan with LIC Housing Finance Ltd. with Rs.11,00,000/-. But at the last moment the UBI declined to take over that loan. As such the complainant was rather compelled to settle that loan by payment of Rs.11,00,000/- from his running capital of business. - However, O.P did not disburse the sanctioned loan for Rs.50,00,000/. Accordingly, the complainant served advocate notice. On reply to the advocates’ notice the UBI, vide letter No. SLC/Loan/963/2012 dated 25-08-2012 informed the complainant that the sanction of cash credit limit to the complainant to the tune of Rs.50,00,000/- given by the UBI has been cancelled on the ground that,
- The complainant concealed the pending litigation with SBI for loan repayment of his wife in which he was guarantor.
- Irregularities in the complainants’ godown.
- Of course, the complainant did not agree with those ground of cancellation of sanction letter of loan. Rather stated that he has taken initiative to settle the SBI loan and finally closed that loan account and also stated that the allegation regarding irregularities stated in the letter aforesaid by the O.P are not correct.
- Being aggrieved with the attitude of the O.P for cancellation of sanction order of loan of Rs.50,00,000/-, the complainant suffered a lot financially in respect of his business as well as mentally. As such brought this case.
- Notice issued to the O.Ps. But they did not contest the case. Accordingly, this case has been proceeded exparte against all the O.Ps. Anyhow, during hearing the complainant submitted his deposition with exhibited documents to establish the facts stated above. The O.P remain absent. So the evidence adduced by the complainant is remain un-rebutted. But in this case the complainant by way of relief prayed for declaration that cancellation of sanction order of loan of Rs.50,00,000/- is illegal etc. and also prayed for consequential relief of directing the O.P-Bank to disburse loan amount of Rs.50,00,000/- in his favour.
- If I conclude in view of the evidence on record that the cancellation order of sanction letter for loan of Rs. 50,00,000/- is illegal then consequential relief is required to give. The consequential relief is a direction to the O.P to disbursement of Rs.50,00,000/- in favour of the complainant. If I give the declaration only without consequential relief as above then the declaration will remain as proper declaration and it will not come to the benefit to the complainant and in such way it will be treated as no relief.
- Therefore, in my considered view to assess the disservice of the O.P toward the complainant as alleged, it is required to give declaration as prayed for the first instance and their requested to give consequential relief as stated above. But in this case from the record and evidence it is clear that the valuation of real subject matter is Rs.50,00,000/-, which is beyond the pecuniary jurisdiction of this District Forum. As such this District Forum has concluded that this District Forum has no jurisdiction to grant any relief to the complainant. Let the complaint be returned to the complainant to file before the appropriate Forum.
- With the above finding and observation this case is disposed of exparte without cost. Supply free certified copy of judgment to the parties. Given under my hand and seal of this District Forum on this the 10th day of January, 2019.
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