Haryana

Yamunanagar

CC/649/2011

Santosh W/o Gulzar Singh - Complainant(s)

Versus

Distt. Co-operative.PARD bank - Opp.Party(s)

Sultan Singh

27 Apr 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA   NAGAR

                                                                                           Complaint No. 649 of  2011.

                                                                                           Date of institution: 16.6.2011.

                                                                                           Date of decision: 27.04.2016.

 

Smt. Santosh aged about 45 years wife of Sh. Gulzar Singh, resident of village Pabni Kalan, Tehsil Jagadhri, District Yamuna Nagar.

                                                                                                                                                                                                                                                                                                                                                                  …Complainant.

                                    Versus

 

1. District Yamuna Nagar Cooperative Primary Agriculture Rural Development Bank (PARDB), Branch Office Tejli Road, Jagadhri through its Manager.
2. Assistant Registrar Co-operative Societies, Yamuna Nagar at Old SDM Court Jagadhri, District Yamuna Nagar.

 

                                                                                                                                            …Respondents.

 

BEFORE:         SH. ASHOK KUMAR GARG, PRESIDENT

                        SH. S.C.SHARMA, MEMBER.

 

Present: Sh. Kapil Rathi, Advocate, counsel for complainant.   

              Sh. Sahab Singh Gujjar, Advocate, counsel for respondents.

 

 

ORDER

 

1.                     Complainant Smt. Santosh filed the present complaint under section 12 of the Consumer Protection Act 1986.

 2.                    Brief facts, of the present complaint, as alleged by the complainant, are that in the year 2004 she borrowed a loan of Rs. 1,00,000/- and pledged her Agriculture Land as security, by executing mortgage in favour of respondent No.1 (hereinafter referred as OP No.1).  The rate of interest to the loan was agreed @ 8% per annum and the loan was to be repaid in 20 equal annual installments. The complainant approached the OP No.1 for obtaining statement of account and to deposit the installment but the OP No.1 asked the complainant to deposit the installment without disclosing any specific amount. No Pass book or statement of account was provided to the complainant. Later on OP No.1 told that the rate of interest is 11% per annum. The complainant agreed to repay the loan amount with interest @ 8% per annum but OP No.1 insisted upon for the interest @ 11% per annum. The Government of India as well as State Govt. have waived off the loan for development of agriculture but OP No.1 has not provided any benefit of loan waiving scheme to the complainant. Moreover, the State Government has reduced the rate of interest upto 4% per annum for the loan of co-operative Societies but OpNo.1 is not providing benefit of interest reducing also. Now the complainant received a notice from OP No.2 in which a sum of Rs. 41075/- has been mentioned as interest and Rs. 14108/- has been mentioned as miscellaneous charges. This figure is totally wrong and illegal which shows that OP No. 1 has not provided the benefits of loan waiver scheme and interest reducing scheme introduced by the Central Govt. and the Ops are insisting for illegal recovery. Lastly prayed for directing the OPs to accept the repayment of loan amount by installments and also to make the loan waiver scheme and interest reducing scheme applicable in the loan case of complainant and to pay compensation and litigation expenses. In support of his complaint, complainant filed her short affidavit as Annexure CX and documents such as Photo copy of recovery notice amounting to Rs. 1,55,185/- as Annexure C-1 and closed the evidence on behalf of complainant.

3.                     Upon notice, OP Bank appeared and filed its written statement by taking some preliminary objections such as complaint is not maintainable, no locus standi, no cause of action, complaint is beyond the scope of definition of consumer, no deficiency in service or unfair trade practice on the part of OP Bank. The complainant has concealed the true and material facts. The true facts are that complainant has obtained the loan bearing No. 559 from the OPs for repair of house and according to account of complainant a sum of Rs. 1,00,000/- as principal amount and Rs. 47768/- as interest up to 31.08.2011 is still stand towards the complainant.  Further, it has been submitted that complainant usually used to make delay in paying the amount of installments and accordingly he does not fall in the category described in the waiver scheme. So, no benefits of waiver scheme have been given to the complainant. Instead of paying the due huge loan amount, the complainant has filed the present complaint only to extort money and for harassing the OPs. On merit, reiterated the stand taken in the preliminary objections and lastly prayed for dismissal of complaint. In support of their version, the OPs tendered into evidence copy of account statement of loan account as Annexure R-1 and closed the evidence on behalf of OPs.

4.                     We have heard the learned counsel for both the parties and have gone through the pleadings as well as documents placed on file very minutely and carefully.

5.                     After hearing both the parties at length, we are of the considered view that there is no deficiency in service or unfair trade practice on the part of OPs as the complainant has totally failed to prove his case by filing cogent evidence. Even, the complainant has not disclosed the installments of loan amount paid to the OPs Bank. Meaning thereby, that she is defaulter of the OP Bank in question.  Even, the complainant did not bother to file the copy of waiver scheme to prove that she was covered under that scheme or not. Moreover, the OP Bank has mentioned in written statement that the complainant obtained the loan from the OPs for repair of House and he does not fall in the category described in the wavier scheme Learned counsel for the complainant totally failed to convince this Forum that in what manner the complainant was entitled to get the benefits of the waiver scheme i.e. the waiver scheme, if any, was applicable to the case of the complainant or not? From the perusal of the account statement, it is evident that huge amount was pending against the complainant till 31.8.2011.  Further, the complainant has not placed on record any agreement executed between her and OPs Bank that OPs Bank will charge interest @ 8% per annum instead of 11% per annum and in the absence of any documentary cogent evidence, we are unable to hold that OPs bank has charged interest at the wrong rate of interest i.e. 11% p.a. instead of 8% p.a.

6.                     In the circumstances noted above, as the complainant has totally failed to prove his case on merit. As such, we are of the considered view that, there is no deficiency in service or unfair trade practice on the part of OP Bank. 

7.                     Resultantly, we find no merit in the present complaint and the same is hereby dismissed with no order as to costs. Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced: 27.04.2016.

                                                                                                                                                                                                                                                                                                                        (ASHOK KUMAR GARG)

                                                                                                                                       PRESIDENT

 

                                               

                                                                                                                                    (S.C.SHARMA   )

                                                                                                                                      MEMBER