Order-19.

Date-29/04/2015.

This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this complaint has submitted that complainant prayed for educational loan and OP sanctioned that loan of INR 3,80,000/- to the complainant bearing Account No.30523104990 and amount was sanctioned by the OPs towards the expenses of an MBP course of the complainant and out of total sanctioned education loan the complainant availed only an amount of INR 2,56,000/- and as per clause of the loan agreement it provides that if the interest accrued during the moratorium period is not paid during the period, the entire accrued interest during the moratorium period will be added to the principal and repayment in EMI will be re-fixed accordingly. 

          On 05-10-2011 for the negligence of the OPs an amount of Rs.82,774/- had been credited to the account of the complainant and thereafter, on receipt of a letter from the representative of OP2 dated 08-10-2011 complainant had started repaying the loan to the OP by way of EMIs of the total amount including principal loan amount along with interests as mentioned in the letter its outstanding amount to be Rs.3,39,697/- and an EMI amount is Rs.8,695/-.

          Complainant further states that very absurdly and unfortunately, subsequently the OP2 had sent him another letter dated 28-07-2012 stating that Rs.1,54,765/- is the outstanding amount in his account and that he is supposed to pay Rs.6,459/- as EMI and following which he received another letter dated 08-09-2012 stating that Rs.1,64,872/-  is the outstaying amount in his account and the final letter dated 08-10-2012 OP bank stated that there is an outstanding amount of Rs.81,895/- which the complainant was required to pay by an EMI amount of Rs.6,486/-. 

          To make the situation more complex and to continue the harassment of the complainant OPs send a police official namely Mr. Kaushik Ghosh on 13-03-2013 at the residence of the complainant and that Police Officer along with some agents created disturbance in the house of the complainant for recovery of the money when complainant showed all the papers and produced documents showing regular repayment when that recovery of the OP1 apologized and given a verbal assurance for rectification of the problem at the earliest. 

          Complainant was in continuous follow up with OP1 and 2 over phone and in person and after receipt of verbal assurance from OP1 and 2 for rectification of all the mistake of the officials of OP2 the complainant paid all the instalments as demanded by the OP2 with an intention to continue the harassment of the complainant, the OP2 finalized the outstanding due amount of Rs.1,79,871/- and declared the account to be an NPA(Non-performing Asset) without the prior intimation to the complainant and the same has been marked on the CIBIL (Credit Information Bureau Ltd) due to the failure of the payment and such sort of act is completely illegal, uncalled for and against the principle of Law act of service provided as bank and in the above situation complainant was compelled to file this complaint for redressal when she has been harassed and the entire negligent and deficient manner of service was rendered for which complainant suffered financially also and the action of the OP is no doubt uncalled for and illegal in nature and so, the complainant prays for redressal.

          On the other hand, OP Bank by filing written statement submitted that no doubt complainant applied loan as per application dated 12-09-2008 OP sanctioned a Term Loan (Education Loan) in favour of the complainant and vide agreement dated 10-10-2008 the OP sanction a loan of Rs.3,80,000/- and on 16-10-2008 complainant withdrew a sum of Rs.1,34,000/- from this loan, on 06-03-2008 complainant again withdrew Rs.68,000/- and on 06-11-2008 he withdrew Rs.54,000/- from the Loan Account but from 16-10-2008 to 05-10-2011 complainant did not make any payment in respect of the said loan account in spite of several reminders and on 15-10-2011 to regularize the loan account Bank adjusted the sum of Rs.82,771/- from the remaining balance of loan account and from 14-11-2011 complainant start to make payment in respect of his loan account and made total payment of Rs.1,52,400/-.

          It is further submitted that complainant is a defaulter in repayment of loan account and OP through letter dated 08-10-2011 requested the complainant to pay the sum of Rs.8,695/- and on 28-07-2012 the OP requested the complainant to pay sum of Rs.6,459/-, through letter dated 08-09-2012 OP requested the complainant to repay the loan amount, through letter dated 08-10-2012 the OP Bank requested the complainant to repay and through letter dated 09-07-2014 complainant made afterthought allegations against the OP Bank to bypass legal liabilities and finding no other alternative on 28-07-2014 OP Bank sent legal notice through their Ld. Lawyer but complainant did not comply the said notice and on 21-08-2014 OP Bank offered one time settlement to the complainant but the complainant did not respond.  But it is specifically mentioned that the entire allegation of the complainant is false and fabricated and afterthought and also motivated and so, OP Bank prays for dismissal of this case.

Decision with Reasons

After comparative study of the complaint and the written version and also considering the entire materials it is found that no doubt complainant was granted an education loan by the OP on the basis of the prayer of the complainant and total amount of loan to the extent of Rs.3,80,000/- was sanctioned and it is undisputed fact that out of the said amount complainant in three occasions withdrew Rs.1,34,000/-, Rs.68,000/-, and Rs.54,000/- i.e. total Rs.2,56,000/-.  Fact remains complainant began to pay EMIs from 14-11-2011 and upto 04-03-2014 he paid it type of EMIs and thereafter, by letter dated 08-10-2011 Bank intimated him to pay Rs.8,695/- as EMI because complainant failed to pay EMI from July,2011 till date.  Subsequently, by letter dated 28-07-2012 Bank intimated to pay EMI  at the rateRs.6459/- and subsequently, by letter dated 08-09-2012 complainant was asked to pay arrear EMIs of Rs.1,64,872/-.  Subsequently, by a letter dated 08-10-2012 complainant was asked to pay EMI of Rs.6,486/- so, it is clear that Bank asked the complainant on 08-10-2012 to pay EMIs of Rs.6486/- when remaining EMI was 81 and truth is that in respect of arrear EMIs Rs.81,895/- was irregular that means previous EMIs were not paid and in fact, complainant went to pay that EMI as noted in the letter dated 08-10-2012  but Bank authority did not receive it but on the other the account of the complainant was declared as NPA and his name was noted in the CIBIL list.  Now, the question is whether after serving of notice dated 08-10-2012 can OP declared the said account as NPA, can send his name in the CIBIL List.  Considering that letter of the Bank and although written statement it is clear that Bank Authority even after service of letter dated 08-10-2012 declared the said amount Rs.81895 as NPA and name of the complainant included in the CIBIL list but admitted position is that complainant went to pay EMIs but that was not accepted by the OP then considering that fact and relying upon the bank’s letter being reference No.RACPC/O4/ MG/G8/2475 dated 08-10-2012 we are convinced to hold that there was no ground to declare the asset as NPA and there is no ground to send the complainant account in CIBIL List although the act on the part of the OP is illegal and without any legal foundation and same are arbitrarily made but fact remains OP is bound to pay the arrear EMIs and also to pay the balance EMIs as per letter dated 08-10-2012 complainant has mentioned that he went to pay but that has been denied by the OP.  So, we are convinced to hold that the OPs acted illegally by declaring the NPA and sending his name in the CIBIL List but at the same time it is to be mentioned that complainant is bound to pay the entire unpaid amount EMIs etc. but anyhow considering the present situation as created by OP complainant is found feeling unsafe and we find that complainant shall have to pay the entire unpaid EMIs up to this month and also further EMIs per month and arrear EMIs upto this month shall be paid by the complainant after assessment of the same by the OP Bank and OP Bank shall have to prepare another assessment regarding limited outstanding irregularity of rate of interest remaining interest and number of EMI failed and also the subsequent payment of EMIs on what rate against total outstanding what the complainant shall have to pay.

          Considering all the above facts and circumstances, this complaint succeeds considering illegal act of declaring the account of amount 81,895/- as NPA and sending the name of the complainant in the CBIL List.

In the result, the case succeeds.

Hence,

Ordered

That the case be and the same is allowed on contest against the OPs with a cost of Rs.2,000/-.

          OPs Bank are hereby directed to prepare an account in such proforma which was previously sent on 08-10-2012 vide reference no. RACPC/O4/MG/G8/2475 within the month of May, 2015 and on receipt of the same complainant shall have to deposit the regular EMIs accordingly but it is the prerogative of the Bank how much EMIs shall be allowed to the complainant for repayment of the entire loan on the ground the loan is pending since 15-10-2008.

          OPs Bank is hereby directed to supply the said statement of account including the entire details of the account and number repayment of EMIs and other matters as per direction of the order to the complainant on the month of May and on receipt of the same complainant shall have to continue to pay it in future.

          But if it is found that on receipt of the letter complainant fails to comply the order of the Forum regarding payment of EMIs etc. for subsequent period and if it is found that if he will be defaulter of continuous for two months in that case the OP shall have his liberty to entry the name of the complainant in the CIBIL List and declare the account as NPA but if it is paid continuously and regularly in that case the name of the complainant shall be deleted from the CIBIL list and account shall be declared not as NPA by the Bank but complainant shall comply the portion of judgement of first para of Page 5 also.

          OPs Bank are hereby directed to comply the order within the stipulated period that is within the month of May, 2015 and shall have to submit a letter which sent to the complainant asking the EMIs deposit and as required by the Bank and on receipt of the said report the entire matter shall be monitored by this Forum.

          If OP Bank does not comply the order in that case penal action shall be started against the OP Bank and for which further penalty and fine shall be imposed and further direction shall be given by this Forum for entire settlement of the claim.