Order No. 20 dt. 03/01/2017
The case of the complainant in brief is that the complainant with his wife took housing loan for Rs. 5,30,000/- from the Federal Bank on 22/11/2007 from its Shakespeare Sarani Branch. The complainant purchased the resale flat from Susanta Samaddar. The original IGR was taken by the representative of the said branch and the original Title Deed was handed over to the representative of the bank immediately after registration from the Registry Office. The complainant was informed by the bank to come to the branch for creation of equitable mortgage on or before 14/07/2012. The bank has also charged late payment charges on the said loan account. The complainant paid the repayment regularly. The complainant requested the o.p. bank to reverse the penal interest rate and also to remove his name from C.I.B.I.L. which amounts to disrepute to the complainant. The complainant while asked for the interest certificate, the same was avoided by the o.p. The o.p. on repeated occasions sent letters to the complainant asking for payment of the loan amount.
In view of the facts and circumstances of the case the complainant prayed for refund or reverse the amount charged by the o.p. illegally, cost for litigation of Rs. 25,000/- and also for direction upon the o.p. to remove the name of the complainant from the C.I.B.I.L.
The o.p.s contested the case by filing w/v whereby they denied all the material allegations of the complaint. It was stated that the complainant along with his wife availed housing loan in the year 2007, the complainant refused to co-operate with the bank so that the equitable mortgage could be created by the bank. Despite repeated request and reminders to co-operate with o.p., the complainant acted whimsically and by making false allegations the case was filed. The complainant obtained the original Title Deed on 25/12/2008 which is in the custody of the bank. The complainant has all times defaulted in payment of loan amount along with interest. The complainant was repeatedly requested to pay the loan amount but he refused to pay the same. The complainant being a bank employee working with the Dena Bank, Bediapara Branch and as such he is aware the working of the bank in terms of non-recovering of the loan amount from the borrowers. Since the o.p. failed to recover the dues from the complainant since the year 2007, the o.p. being the bank had no other alternative but to publish the name of the complainant in the C.I.B.I.L. The complainant had sufficient time opportunities to pay his dues but he avoided to pay the same.
In view of the facts and circumstances above the o.p.s prayed for dismissal of the case.
Considering the pleadings of the respective following points are to be decided :-
- Whether the complainant obtained loan from the bank for purchasing a flat.
- Whether the complainant paid the dues in time.
- Whether the complainant was informed by the o.p.s to pay the due loan amount.
- Whether the inclusion of the name in the C.I.B.I.L. was justified.
- Whether the complainant entitled to get the relief as prayed for.
Decisions with reasons :
All the points are taken up together for the sake of brevity and for avoidance of repetition of facts.
The Ld. Lawyer for the complainant argued that the complainant took housing loan from the o.p., bank to the tune of Rs. 5,30,000/- and after the registration the original IGR was taken by the representatives of the bank to collect the original Deed after registration from the Registry Office as such equitable mortgage was created. The o.p., bank illegally charged penal interest in order to harass the complainant. The complainant paid the EMI regularly but his name was included in the C.I.B.I.L. The complainant in order to remove his name from the C.I.B.I.L. requested the bank but no action was taken by the bank for which the bank had to file this case praying for relief.
The Ld. Lawyer for the o.p. argued that the complainant being a bank officer and taking advantage of the same he avoided to make equitable mortgage in respect of the property purchased by him with the money provided by the bank. The bank on numerous occasions requested the complainant to repay the loan amount but the complainant avoided to pay the amount for which the o.p., bank had no other alternative but to impose penal interest on the loan amount. While the o.p.s found that the complainant was not agreeable to the request of the bank, the name of the complainant was forwarded to RBI for inclusion of his name in the C.I.B.I.L. Accordingly his name was included there and the complainant being an officer of the bank knowing fully well that bank has no authority to exempt any borrower by not forwarding his name for inclusion in the C.I.B.I.L. in case he fails to pay the loan amount. Accordingly the Ld. Lawyer for the o.p. argued that since the bank has taken steps against the complainant in order to counter the o.p., bank this false case has been filed against the o.p.s.
Considering the submission of the respective parties it appears that the complainant took loan from the o.p., bank and he failed to pay the loan amount regularly. The complainant being a bank officer avoided to make equitable mortgage of the property purchased by him with the fund provided by the bank. From the materials on record it appears that the o.p.s repeatedly requested the complainant to regularize the loan amount but the complainant avoided to comply the request of the bank. Whenever the complainant found that his name was included in the C.I.B.I.L. by making false allegation against the o.p.s without clearing the dues to the bank. By taking advantage of this case the complainant has dragged the matter for further period of 7 - 8 years so that the bank cannot take any punitive action against him resulting in filing of such false against the bank.
Having regard to the facts and circumstances of the case we hold that there is no justifiable cause for the complainant to get any relief from this Forum. Accordingly the same is to be dismissed.
Thus all the points are disposed of.
Hence,
ordered
That the case CC/216/2014 is dismissed on contest.
Certified copy of this order be supplied to the parties free of cost.
