West Bengal

Paschim Midnapore

CC/15/2016

Sri Balaram Banerjee - Complainant(s)

Versus

Manager, Punjab National Bank - Opp.Party(s)

20 May 2016

ORDER

 

 

 

 

 

                                                              DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

Complaint Case No.15/2016

 

Sri Balaram Banerjee………...……Complainant.

Versus

Manager, Punjab National Bank,

Lalat Br..……………….…Opp. Party.

                                                         

    Order No.08.                                                                                        Date : 20/05/2016                                                                      

 

                     Record is put up before us for passing order.

                         This is a case u/s-12 of C.P. Act, filed by the complainant Balaram Banerjee against the Manager, PNB, Lalat Branch, Paschim Medinipur.

                     Complainant’s  case in brief is that he applied for house building loan before the OP-Bankand the OP-Bank sanctioned a  loan of Rs.3,00,000/- to the complainant. After sanctioning such loan, OP-Bank transferred only Rs.1,50,000/- to the A/c of the complainant on 23/03/2003. Thereafter on several occasions, the complainant requested the OP-Bank to transfer the  remaining loan amount in the A/c of the complainant but in vain. For such construction of his house , the complainant purchased raw materials from the suppliers  and the cost of the construction is more than Rs.3,00,000/-. As the OP-Bank did not transfer the remaining amount of loan,  so the complainant has suffered financial loss of Rs.1,50,000/- by taking loan from  private sources with interest. For such deficiency of service, the present case has been filed praying for directing the OP-Bank to pay compensation of Rs.1,50,000/- with interest and for other reliefs.

                  Notice of this case was duly served upon the OP-Bank, but in-spite of receipt of notice, Op-Bank did not appear to contest this case. Hence the ex-parte hearing.

                  To prove his case, the complainant has tendered his examination-in-chief supported by affidavit and he was also examined on oath as PW-1 and during his

Contd…………………P/2

 

 

 

 

( 2 )

evidence, few documents have been marked as exhibit 1 to 6 respectively.

                                                         

Point for decision

                        

Is the complainant entitled to get the reliefs as prayed for ?

 

Decision with reason

                         At the very outset, it appears that the loan in question was granted by the OP-Bank in the year 2003 and the OP-Bank transferred a sum of Rs.1,50,000/- as  loan to the A/c of complainant on 29/03/2003.  It is the grivence of the complainant that although the OP-Bank sanctioned a sum of Rs.3,00,00/- as loan, but they did not disburse the remaining loan amount of Rs.1,50,000/- to the complainant. It thus appears that the cause of action arose on 29/03/2003 when the OP-Bank transferred an amount of Rs.1,50,000/- instead of alleged sanctioned loan amount of Rs.3,00,000/-. Although the cause of action for such non-transferring of the alleged remaining amount of loan arose on 29/03/2003, but the present complaint has been filed long after the period of limitation of two years on 03/02/2016. It thus appears that the present case is clearly barred by limitation as provided U/s-24A of the C.P. Act and as such the present case is liable to be dismissed.

                    

              Hence, it is,

                                      Ordered,

                              that the complaint case no.15/2016  is dismissed               ex-parte.

                               Let plain copy of this order be given to the complainant free of cost.

 

Dictated and Corrected by me

        Sd/-B. Pramanik.                  Sd/- K.K.Chattopadhyay.             Sd/-B. Pramanik. 

               President                                  Member                                     President

                                                                                                               District Forum

                                                                                                           Paschim Medinipur