Smt Sarita Tripathy (Member) - This is a complaint under section 12 of C.P Act 1986, by the complainant , a Lonee -cum- customer of OP bank.
The case of complaint is short is that the complainant had availed the loan of Rs.50,000/- on 10.1.2004 from OP bank vide loan account No.8/132, T3- 800133 having corresponding computerised number-05570601180133. He regularly paid the installments and on 23.1.2012 the loan account was closed showing the balance Nil.
On 06.9.2014 he received a message in his mobile phone that sum of Rs.12,318/- has been debited from his savings bank account No.05570100002515 and on his written querry from OP the reason of debit was not explained for which he remained in a state of mental agony.
It is further case of complainant that he is a lecturer in Commerce in KamakhyaNagar college and he is physically handicap and on such unexplained debit of rs.12,138/- on 06.9.2014 by OP bank, he sustained harassment and was forced to file this complaint. He prayed for return of said amount Rs.12,318/- with interest, compensation of Rs.70,000/- for mental agony and harassment and Rs.10,000/- to-wards litigation cost.
This complaint was filed in 26.9.2014. The complainant has filed the xerox copy of savings bank account and loan account ledger copy. He has also filed the copy of grievance petition to OP bank on 08.9.2014.
The OP, Branch Manager of UCO Bank Kantilo Branch through S.N. Nayak Manager filed a written version challenging the maintainability of the proceeding and cause of action . It is admitted that the complainant had availed loan on 10.1.2004 with interest @ 8.25% per annum and he could not pay the installment regularly for which his debt was classified as a non performing assets (NPA) on 31.3.2010 as per RBI guidelines.
It is stated by OP that as per guideline when an account of debt declared NPA, no further interest shall be calculated in the ledger account but the borrower has to pay the non calculated interest in the loan ledger from the date of declaration of NPA till clearance of loan dues and the reverse interest is to be debited to the loan account when the complainant comes to the bank for repayment of loan dues. It is also stated by OP that on 23.1.2012 when complainant came to clear of his loan dues the NPA interest was not calculated and complainant had assured to pay the same. Subsequently the OP reminded complainant for NPA interest and complainant failed to comply with the same Finding no other way the OP debited Rs.12,318/- from the complainants savings bank account on o6.9.2014 and the fact was intimated to the complainant through mobile massage. According the OP has denied any deficiency in service and harassment to the complainant.
The OP has relied upon documents in written version and failed to file the same. The complainant has filed affidavit evidence and written brief.
The OP having failed to take part in hearing after filling of written version, he has been set ex-parte.
The point s for determination:
1. Whether the proceeding is maintainable ?
2. Whether OP has caused nay deficiency in service by deducting Rs.12,318/- from the complainants saving Bank account ?
3. What relief the complainant is entitle ?
Ans. to point No.1 :- Under Section 2(o) of C.P Act ,1986 “ service ” means service of any description which is made available to potential 21( users and includes, but nor limited to, the provision of ) facilities in connection with banking financing insurance, transport, processing supply of electrical or other energy, board or lodging of both 22(housing construction) entertainment, amusement or the purveying of news or other information but does not include the rendering of any service free of charge or under a contract of personal service.
Under Section 2(g) of C.P Act ,1986 “ Deficiency ” means any fault, imperfection, shortcoming or inadequacy in the quality nature and manner of performance which is require to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service; Keeping the above provision in view the allegations in the complainant and relationship between a customer with bank, there can be no doubt that complainant here in is a consumer as defined u/s 2(d) of C.P Act and the proceeding is maintainable as laid.
Ans. to point No.2 :- It is admitted that complainant had incurred a loan on 10.1.2004 and he had gone to bank to make final payment on 23.1.2012. It is also admitted by OP that a sum of Rs.12318/- has been debited from the savings bank account of complainant on 06.9.2014 . There is no evidence produced on behalf of OP that OP had given permission or consent for with-drawl of such amount on 06.9.2014 to satisfy his loan liability . It may be stated here OP has not filed any documents which are relied upon the written version when OP admits that complainant had come to hank on 23.1.2012 for repayment of loan dues outstanding as per loan ledger, it is not explained as to why the interest as calculated subsequently on the NPA account was not brought to the notice of complainant on 23.1.2012. Though OP admits his written version para 6 about such non calculation of interest the reason there of is not disclosed keeping the non calculation of interest for about 2 years that is from 23.1.2012 to 6..9.2014 is nothing but deficiency in service on the part of the bank towards the loanee customer for banking service. For such deficiency a customer cannot be said not harassed as alleged and that has been blown out of proportion when without his consent , the SB Account under OP is handled to adjust the deficiency in the loan account. For the above reason we are satisfied to conclude that OP has caused deficiency in service towards complainant.
Ans. to point No.3 :- Undoubtly the withdrawl amount from S.B account of complainant without his consent is a loss to the complaint which is to be restored with interest in the savings bank account of the complainant. The extent of mental harassment is difficult to be compensated within monetary limit. For that we feel to award a sum of Rs.5000/- towards compensation for mental agony and Rs.1000/- for litigation cost. Hence we order
ORDER
The complaint is allowed in part against OP. The OP is directed to restore Rs.12318/- with interest in the savings bank account of the complainant from where it was debited on 6.9.2014. The OP is further directed to pay sum of Rs.6000/- to the complainant as detailed in point No.3 above. If the payment is not complied by OP within one month from date of this order, the complainant shall have right to realise the same from the OIP as per law and in that case the OP shall be liable to pay the interest at the rate of 12% per annum from date of this order till realisaltion.
The final order is prepared by us, corrected,
signed, sealed and pronounced in the open
Forum on this 05th January,2015
