IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No. CC /76/2014.
Date of Filing: 16.06.2014. Date of Final Order: 07.09.2016.
Complainant: Minhajuddin (Nice), S/O Md. Rousan Ali, Vill. Nutan Swaruppur, P.O. Swaruppur.
P.S. Hariharpara, Dist. Murshidabad.
-Vs-
Opposite Party: Manager of Swaruppur United Bank of India, Swaruppur Branch,
Vill.& P.O. Swaruppur ,P. S. Hariharpara, Dist. Murshidabad. Pin-742166.
Present: Sri Anupam Bhattacharyya ………………….President.
Smt. Pranati Ali ……….……………….……………. Member
FINAL ORDER
Sri Anupam Bhattacharyya, Presiding Member.
The instant complaint has been filed by the complainant u/s 12 of the C. P. Act, 1986 praying for issuance of NOC in respect of loan of the complainant and payment of Rs.5,000/- and 7.5% subsidy and compensation.
The complainant’s case, in brief, is that loan of Rs.1 lac was sanctioned under PMRY scheme in favour of the complainant and Rs.95,000/- in total was disbursed on three installments firstly Rs.15,000/- and remaining in equal two installments of Rs.40,000/- each. The balance amount of Rs.5, 000/- in respect of sanctioned loan has not yet been disbursed to the complainant. The terms of repayment of loan was in 84 equal installments @ Rs.1600/- . The last installment was paid by the complainant on 31.08.12 and bank statements have shown as nil on 31.8.12. The OP is claiming extra interest amounting to Rs.7549/- . The complainant requested OP to reconsider the same but in vain. The complainant has filed this complaint. Hence, the instant complaint case.
The written version filed by the OP Bank, in brief, is that due to non-payment of EMI the said A/C became NPA on 25.6.2010 and accordingly no interest was charged after that as per banking system. This OP made several correspondences in this regard. All on a sudden, the petitioner without making any contact with the Bank official made payment of Rs.35, 214/-. As and when the said amount was deposited the account balance became zero, but booked interest of 28 months from the date of NPA to the last payment was automatically charged by the system as interest reversal. Due to this the settled amount will be Rs.7549/- as interest reversal plus overdue interest of Rs.5390/- and up-to-date interest till realization. The complainant is illegally demanding NOC without making payment of dues to the OP-Bank. There is no deficiency in service on the part of OP and for that the complainant is liable to be rejected. Hence, the instant written version.
Considering the pleading of both parties the following points have been framed for the disposal of the case.
- Whether the case is maintainable in its present form and law?
- Whether the complainant has any cause of action to file this case?
- Whether the petition is barred by law of limitation?
- Whether the complainant is entitled to get relief as prayed for?
- To what other relief/reliefs the complaint is entitled?
Decision with Reasons.
Point Nos. 1 to 5.
All the points are taken up together for the sake of convenience.
In the instant case the complainant has prayed for issuance of NOC in respect of loan of the complainant and payment of Rs.5, 000/- and 7.5% subsidy and compensation.
The complainant’s case , in brief, is that loan of Rs.1 lac was sanctioned under PMRY scheme in favour of the complainant and Rs.95,000/- in total was disbursed on three installments firstly Rs.15,000/- and remaining in equal two installments of Rs.40,000/- each. The balance amount of Rs.5, 000/- in respect of sanctioned loan has not yet been disbursed to the complainant. The terms of repayment of loan was in 84 equal installments @ Rs.1600/- . The last installment was paid by the complainant on 31.08.12 and bank statements have shown as nil on 31.8.12.
On the other hand, the OP’s case , in brief, is that the complainant has not paid any interest in respect of the delayed payment of 28 installments and for that the complainant has dues of Rs.7549/- plus up-to-date interest till realization.
To prove the case of the respective parties both the parties have adduced evidence on-affidavit and relevant documents in support of their respective case.
The complainant’s case is mainly for issuance of NOC in respect of his loan A/C which has been completed as ‘nil’ balance on payment of Rs.35,214 on 25.9.12and thereafter the OP-Bank cannot claim interest of Rs.7549/- as interest reversal plus overdue interest of Rs.5390/-.
On the other hand OP’s case is that impugned loan A/c was NPA on 25.6.2010 and last payment was made on 25.9.12 for Rs.35, 214/- and automatically charged by system Rs.7549/- as interest reversal for late payment and Rs.5390/- for overdue interest. The OP had made counter claim of the same plus interest till realization.
In this regard the Ld. Lawyer for the complainant has advanced argument that even in case of NPA, after settlement of Loan A/C as ‘Nil’ , the OP-Bank cannot claim further towards late payment interest for NPA.
He has also advanced argument that the OP-Bank never collects interest first then principal.
He has further argued that the complainant has not received any letter of NPA, no letter of counter claim and as such there is no cause of action in respect of this counter claim, also after ‘nil’ balance in his Loan A/c there cannot be any further claim of interest.
In this regard the OP has filed the document showing NPA of the loan A/c in the name of the complainant.
This complaint is for issuance of NOC in respect of loan A/c in favour of the complainant and to decide the same there is claim from the side of OP as to dues in respect of the said Loan A/c and for that question of cause of action as to counter claim of the OP is immaterial
Further, the complainant’s case as to “Nil’ balance in the loan A/c is not on the basis of settlement between the parties by any document or before any Lok Adalat or at the interference of any court of Law.
The settled principle is that in case of NPA bank is entitled to get interest for the suspended period.
The interest being stopped for NPA on 25.6.10 the interest is to be paid for the period from 256.10 to 25.9.12 for 28 months for Rs.7549/- and overdue interest of Rs.5309/-.
Considering the above discussions as a whole we find that all the above points are disposed of in favour of the complainant in part and as such the complainant will get NOC in respect of his loan A/c after payment of Rs.12,858/-.
Hence ,
Ordered
that the Consumer Complaint No. 76-2014 be and the same is allowed on contest in part.
The complainant is directed to make payment of Rs.12, 858/- in his loan A/C as early as possible.
The OP –Bank is directed to issue NOC in favour of the complainant within 10 days from the date of receipt of Rs.12, 858/- from the complainant, in default, the OP is to pay Rs.50/- per day’s delay and the amount so accumulated shall be deposited in the Consumer Legal Aid Account.
Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.
Member President
