DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: WEST TRIPURA : AGARTALA

 

CASE   NO:   CC- 401 of  2022

 

 

 

 

1. M/S Surabhi Chicks and Feed Agency,

Represented by its Proprietor,

Sri Samir Sarkar,

S/O- Lt. Sukdeb Sarkar,

Milan Sangha, Bardowali,

Near Bardowali Petrol Pump,

Agartala -799003, P.S. A.D. Nagar,

District- West Tripura- 799006.

 

2. Sri Samir Sarkar,

S/O- Lt. Sukdeb Sarkar,

Proprietor of M/S Surabhi Chicks and Feed Agency,

Milan Sangha, Bardowali,

Near Bardowali Petrol Pump,

Agartala -799003, P.S. A.D. Nagar,

District- West Tripura. ...........Complainants.

 

-VERSUS-

 

1. HDFC Bank, Agartala Branch,

Represented by its Manager,

Netaji Chowmuhani, 

Agartala- 799001,

P.S. West Agartala, 

District- West Tripura, 

 

2. NCM/Co,

HDFC Bank House, 

Senapati Bapat Marg,

Lower Panel Mumbai,

Maharastra- 400013.

 

3. Axis Bank, A.D. Nagar Branch,

Represented by its Manager,

A.D. Nagar, Agartala- 799003,

P.S. - A.D. Nagar, 

District- West Agartala. .......Opposite Parties.

 

 

    __________PRESENT__________

 

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

DR (SMT) BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION, 

  WEST TRIPURA, AGARTALA.

 

SRI SAMIR GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA. 

 

C O U N S E L

 

 

 

For the O.P. No.3 : Smt. Pushpita Chakraborty,

 

 

 

F I N A L    O R D E R

1. Samir Sarkar, Proprietor of M/S Surabhi Chicks and Feed Agency, herein after called the complainant has filed this complaint against the O.Ps in particular against O.P. No.1 and 2, the HDFC Bank, Agartala Branch alleging inter alia that the complainant has a CC Account with the O.P. No.1 with a credit limit of Rs.40 lakhs. Due to  Covid- 19 pandemic the complainant suffered loss of his business and to revive the business he approached the O.P. No.1 to  increase the credit limit up to Rs.50 lakhs as the value of the collateral security which was given by the complainant was covering Rs.50 lakhs. However, in the month of February the O.P. No.1 declined to increase the CC limit as prayed for. As such the complainant approached the O.P. No.3 Axis Bank, A.D. Nagar Branch to take over the loan lying with the O.P. No.1 along with a credit limit of Rs.50 lakhs which the O.P. No.3 agreed  and approved in the month of March, 2022. Now the complainant approached O.P. No.1 for taking necessary steps to close his current account and to release the collateral security. The complainant requested the O.P. No.1 on 02.04.2022 by submitting a letter to deduct the pending of term loan from the 2 nos. Fixed Deposit certificate lying with O.P. No.1. On 04.04.2022 the complainant transferred Rs.39,99,632/- to the CC Account of O.P. No.1 and enquired any further amount needed to get the clearance certificate from O.P. No.1 and 2 but O.P. No.1 and 2 did not do anything. The complainant now transferred Rs.39,48,000/- to his Axis Bank Account through 3 transactions on 12.05.2022 and 13.05.2022. On request of O.P. No.1 the complainant deposited the rest amount  to the O.P. No.1 through 6 transaction dated 18.06.2022, 20.06.2022, 21.06.2022 and 27.06.2022. As such there was no pending amount to be deposited by the complainant as on 27.06.2022 but the O.P. No.1 did not issue clearance certificate. As such the complainant was compelled to pay interest on the extra credit amount of Rs.10 lakhs to the Axis Bank as the complainant could not use his collateral security deposit with the O.P. No.1 and 2. Being compelled the complainant had to transfer Rs.39,60,000/- to the Axis bank on 27.07.2022. 1.1 Hence, this complaint seeking compensation of Rs.2,50,000/- from O.P. No.1 and 2 and not to charge any interest from the month of March, 2022 and a direction to O.P. No.3 to regularize the account of the complainant and pay the amount to the O.P. No.1 and 2 etc. 

 

2. The O.P. No. 3 in written objection denied any negligence on their part.

2.1 The O.P., No.1 and 2 in their joint written objection pleaded inter alia that without any information  to the O.P. No.1 and 2, the complainant approached the Axis Bank and the O.P. also disbursed the loan to the complainant without any intimation to O.P. No.1 and 2 in violation of terms and condition of loan agreement existing with O.P. No.1 and 2 which is violation of RBI guideline.

2.2 On 02.04.2022 the complainant submitted one letter stating that the term loan account of the complainant be adjusted through F.D. Account of the complainant but closure through liquidation of F.D. is not permissible as F.D. security was given to avail cash credit limit of Rs.40 lakhs. On 10.05.2022  the O.P. No.1 and 2 received 2 mails from O.P. No.3 that they deposited DD for Rs.39,99,632.29/- in the CC Account and asked the complainant to provide the original Mortgage deed to the O.P. No.3. But there were interest pending so due to shortage of fund O.P. No.1 and 2 could not close the account. Then the O.P. No.1 and 2 discussed with O.P. No.3 regarding shortage of fund for closure of loan account. On 12.05.2022 the complainant had transferred a closure amount to his own beneficiary account  namely Sona Vets Pvt. Ltd. for his personal use. On 18.06.2022, 20.06.2022, 21.06.2022 and 27.06.2022 the complainant deposited the closure amount with the O.P. No.1 and 2 hence, sometimes was required to close the bank account.

3. The parties submitted evidence on affidavit along with documents.

 

4. Hearing argument the following points emerged for discussion and decision:-

 

5. Admitted position of the case has been  discussed has pleaded by the parties in their respective complaint and written objections and evidence on affidavit.

5.1 It is even not denied by the O.P. No.1 and 2 that all amount due was deposited finally on 27.06.2022 but till the date of filing the case on 28.10.2022, the CC Account was not closed by O.P. No.1 and 2. Finally  closed as admitted by the Learned Counsel of the O.P. No.1 & 2. 

5.2 Vide order dated 15.03.2024 Learned Counsel of the O.P. was asked to submitted an affidavit whether the CC Account has been closed and the security deposit has been released or not. 

5.3 The O.P. has submitted an affidavit that the CC Account has not been closed because after depositing the due amount the complainant had again transferred the amount of Rs.39,60,000/- to his account lying in the Axis Bank which the complainant admitted in Para- 12 of the complaint. And as on 01.03.2024 a sum of Rs.53,09,587/- is due and the loan account of the complainant has been declared as NPA. Learned counsel of the complainant also admits this fact and stated that under compulsion the complainant had transferred this amount as the O.P. Bank neither closed his account nor  released  the security deposit.

5.4 Be that as it may, as on the date of filing this complaint the complainant had no cause of action against the O.P. Bank as the complainant did not clear the due amount. Particularly in view of the fact that the complainant had transferred the amount of Rs.39,60,000/- to his account on 27.07.2022 hence, the complainant can be awarded any compensation from the month of March, 2022 as prayed in relief no. D; not to charge any interest from the month of March, 2022 till dispose of the complaint as prayed in relief no. F and also in the relief no. G directing the O.P. No.3, Axis Bank, A.D. Nagar Branch to regularize  the account of the complainant. However, considering the partial negligence of both the side we order that the O.P. No.1 and 2 shall not realize the rest amount beyond the sum of Rs.39,60,000/- from the complainant and on payment of this interest within one month from today the O.P. No.1 and 2 shall close the CC Account of the complainant and release the security towards the complainant. The complainant could do well if he had filed this case without withdrawing the amount of Rs.39,60,000/- and in that case he could claim compensation proportionate to the loss sustained by him.

6. Both the points are decided accordingly.

7. In the result, the case stands partially allowed and disposed of.

8. Supply copy of this Order free of cost to the parties.

Announced.

 

 

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

 

DR (SMT)  BINDU  PAL

MEMBER, 

DISTRICT CONSUMER DISPUTES 

REDRESSAL COMMISSION, 

WEST TRIPURA,AGARTALA

 

 

SRI SAMIR  GUPTA

MEMBER,

 DISTRICT CONSUMER DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,AGARTALA.