BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 225 of 2019
Date of Institution : 02.05.2019
Date of Decision : 11.02.2020.
Balwinder alias Binder Singh son of Shri Amrit Pal, resident of Vill. Sukhchain, Tehsil & Distt. Sirsa.
……Complainant.
Versus.
1. HDFC Bank, Branch at Kalanwali, Distt. Sirsa through its Manager/ Authorized Officer.
2. Reserve Bank of India, through its Governor, New Delhi.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SH. R.L.AHUJA…………………………PRESIDENT
SMT. SUKHDEEP KAUR…………… MEMBER
Present: Sh. L. S. Srari, Advocate for the complainant.
Sh. M.S. Sethi, Advocate for opposite party no.1.
Complaint against op no.2 stands dismissed as withdrawn.
ORDER
In brief, the case of the complainant is that complainant is an agriculturist by profession as he is having his agricultural land in village Sukhchain, Tehsil and District Sirsa. That complainant is consumer of op bank having his account No.50200022733423 and said account is joint account with his wife Veerpal Kaur and brother Har Kishan. That complainant being eligible for getting the loan under KCC limit has availed the loan facility of the KCC limit and complainant being lawful owner in possession of lands has applied for KCC limit of Rs.16,89,000/- and op bank obtained the documents from the complainant and also grabbed amount of Rs.20,000/- from complainant on the pretext of processing fee for the proposed loan amount and also obtained an amount of Rs.15,000/- in cash from complainant without any receipt on the pretext of registration of mortgage deed and simply assured to complainant that said amount would be credited in the above said account of complainant. It is further averred that opposite party under the allurement of sanctioning limit of Rs.16,89,000/- also got registered mortgage deed of land measuring 55 Kanal 6 Marla being 1660/3996 share out of land measuring 133 Kanal 4 Marla and after getting registration of mortgage deed of said land, due entry of mortgage of land against the loan amount of Rs.16,89,000/- was made in the revenue records vide TSC No.2543 dated 6.2.2018. It is further averred that as such opposite party is legally liable for the disbursement of loan amount of Rs.16,89,000/- which is duly sanctioned by op bank against the said mortgaged land of complainant. That inspite of sanction of loan amount of Rs.16,89,000/-, the op failed to disburse the whole of the loan amount to the complainant and op has only disbursed the amount of Rs.13,91,440/- and as such a sum of Rs.2,97,560/- has been wrongly withheld by op bank. That complainant approached the op bank time and again and requested for disbursement of remaining limit/ loan amount of Rs.2,97,560/- but op has failed to disburse the said amount. It is further averred that then op bank out of their malafide intention and oblique motive asked the complainant to again apply loan amount and to again get the land mortgaged in favour of op bank for the said loan amount. This act is only outcome of malafide intention of op as in the guise of processing fee and registration of the mortgage deed, file charges, the op grabs a big amount from the illiterate farmers like complainant. That by doing so, the op has not only committed unfair trade practice rather it has misused official powers and has caused wrongful loss to the complainant and has caused harassment to the complainant. That complainant also got served a legal notice upon the op on 3.4.2019 calling upon to disburse the remaining amount of Rs.2,97,560/- and amount of compensation but to no effect. Hence, this complaint.
2. On notice, opposite party no.1 appeared and filed written statement taking certain preliminary objections that complaint is bad for non joinder of necessary parties as borrower are complainant, his wife Virpal Kaur and his brother Har Kishan and complainant has not imnpleaded them as party in this complaint and that complaint against answering op is not maintainable and complainant has got no cause of action to file the present complaint against answering op as no consumer dispute is made out and that complainant has not come to this Forum with clean hands and he has concealed true and material facts. On merits, it is submitted that answering bank has sanctioned CC limit of Rs.8,76,000/- and term loan of Rs.5,25,000/- as term loan. It is wrong that KCC limit of Rs.16,89,000/- has been sanctioned. It is wrong that any amount of Rs.20,000/- or Rs.15,000/- ever received by bank from complainant rather the processing charges have been debited in the account of complainant as per bank rules. It is further submitted that CC limit of Rs.8,76,000/- and term loan of Rs.5,26,000/- was sanctioned as financial assistance to the borrowers. They have failed the same from time to time. They had to pay the CC limit amount in lump sum on next harvesting crops but complainant and his other co-sharers in loan have not paid said amount in lump sum on next crop. They have failed to maintain the financial discipline of the bank, hence bank is entitled to recover the said amount in lump sum even they have failed to make the payment of interest for last one years. When officials of the bank demanded the recovery of loan amount then in grudge they have filed the present complaint. It is further submitted that complainant cannot force to provide the loan to him and loan has to be disbursed as per the credibility of the borrower. The complainant is not entitled for any further disbursement. Remaining contents of the complaint are also denied.
3. The complaint against opposite party no.2 was got dismissed as withdrawn vide order dated 16.5.2019.
4. The parties then led their respective evidence.
5. We have heard learned counsel for the parties and have gone through the record carefully.
6. The complainant in order to prove his complaint has furnished his affidavit Ex.CW1/A in which he has deposed and reiterated all the averments made in the complaint. He has also furnished copy of legal notice Ex.C1, postal receipt Ex.C2, copy of pass book Ex.C3, copy of statement of account Ex.C4, copy of jamabandi for the year 2016-2017 Ex.C5, copy of letters written to Tehsildar/ Sub Registrar Kalanwali by Bank Ex.C6. On the other hand, opposite party no.1 has furnished affidavit of Sh. Saurabh Mehta, Branch Manager as Ex.R1, copy of credit approval memo Ex.R2 and copy of statement of account Ex.R3.
7. It is proved fact on record that complainant alongwith his wife Smt. Veerpal Kaur and brother Sh. Har Kishan is owner of the land measuring 55 Kanal 6 Marlas for which they applied for loan of Rs.16,89,000/- which was duly sanctioned by opposite party no.1 and before sanctioning the loan, mortgage deed was got registered vide registered mortgage deed which is evident from copy of letter Ex.C6 written by Bank to the Tehsildar/ Sub Registrar, Kalanwali.
8. During the course of arguments, learned counsel for op no.1 has not denied the fact qua release of the loan amount to the extent of Rs.13,91,440/- but however amount of Rs.2,97,560/- was not released as it was sanctioned on account of cash credit overdraft. There is specific plea of op that CC limit of Rs.8,76,000/- and term loan of Rs.5,25,000/- was sanctioned as financial assistance to the borrowers but since they failed to maintain financial discipline of the bank, remaining amount cannot be disbursed rather bank has every right to recover loan amount with interest. Learned counsel for complainant has conceded that from the last few months, loan account of the borrowers is not regular. Under these circumstances, bank cannot be forced to release the additional CC limit of overdraft to the complainant and others till they maintain their account regular.
9. In view of our above discussion, we partly allow this complaint and direct the opposite party no.1 to release the remaining amount of loan i.e. CC limit of overdraft in case loan account of complainant and other co-borrowers is maintained regularly. No order as to costs. A copy of this order be supplied to the parties free of costs. File be consigned to the record room.
Announced in open Forum. President,
Dated:11.02.2020. Member District Consumer Disputes
Redressal Forum, Sirsa.
