Heard learned counsel for both parties.
2. Here is an appeal filed u/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to this appeal shall be referred to with reference to their respective status before the District Forum.
3. The case of the complainants is that they availed a loan of Rs.8.00 lacs from the opp.party – Bank for purchase of land and construction of house. The loan was sanctioned on 21.4.2006 repayable in 114 monthly instalments of Rs.10,040/- each at the fixed rate of interest of 8.5% per annum. Initially, the complainants deposited the monthly instalments in their loan account regularly through cheque. In the month of July, 2007, complainant No.1 up dated the pass book in respect of his S.B. account No.1661234021 maintained in the office of the OP, it is found that a sum of Rs.70,240/- was debited from their account on seven different dates from 4.12.2006 towards instalments of the aforesaid loan. Further, the complainant alleged that without intimation to them the OP went on deducting the aforesaid amount from their SB account. The further allegations of the complainants is that due to deduction of Rs.70,240/- from their SB account, they suffered loss at Rs.2,107/- besides mental agony and harassment. It is further alleged that the OP has charged interest at the rate of 9.5 per cent instead of 8.5 per cent as per the agreement. Though the complainants issued legal notice to the OP pointing out the aforesaid irregularity but no action was taken by the OP – Bank to reconcile the aforesaid account. Challenging the inaction of the OP, complainants filed the complaint before the learned District Forum, Cuttack.
4. On receipt of notice OP/appellant filed written version denying certain allegations and categorically stating in Para – 8 that there were some inadvertent mistakes on the part of the bank officials in crediting the loan amount payment of interest and charging the penal interest in the loan account of the complainant. After coming to know about such mistakes as pointed out by the complainant, the Senior Manager of the Bank intimated the same to their higher authorities for permission to rectify that mistake. It is pertinent to mention here that so far charging of penal interest is concerned, there was some defect during the time of migration of Data’s for change of system from TBA and CBS as a result of which there is difference of Theo Balance and Outstanding Balance and the said difference is shown as irregularity. Such type of irregularities was also there in some other loan accounts of the Bank. The Senior Manager of the Bank after receiving the permission from his higher authorities reversed the penal interest to the loan accounts of the eligible loanees including the complainants and simultaneously, intimated vide letter dated 23.9.2010 to his Regional Office. As such, there is no any deficiency in service on the part of the OP – Bank.
5. After hearing both parties, the learned District Forum has directed the appellant - Bank that loss of interest by deducting Rs.70,240/- from the Savings Bank account of the complainants by the OP shall be calculated and credited to the account of the complainants besides payment of compensation of Rs.10,000/- and cost of litigation Rs.2,000/- to the complainants within one month from the date of the order failing which penal interest @10% per annum shall be paid by the OP on the compensation amount from the date of application i.e. from 25.8.2010 till the payments are made in full. Challenging the said order the appellant - Bank has preferred the present appeal before this Commission.
6. During course of argument, learned counsel for the appellant pointed out the finding of the learned District Forum i.e.as the OP – Bank has not answered the legal notice dated 4.6.2010 vide Annexure – 5 to the complaint petition, such act of OP amounts to deficiency in service.
7. We have gone through the records of the learned District Forum, appeal memo and the written version filed by the appellant. Vide Annexures – 1 and 2 to the appeal memo the appellant has categorically revised the penal interest amount of the complaint which was filed before the learned District Forum. The said letter has not been challenged by the complaint and the learned District Forum has not taken into consideration the said annexures. On going through the records, we found although the complainant has deposited seven cheques on different dates amounting to Rs.10,040/- each but the OP – Bank deducted the loan amount from the SB account of the complainants. When the complainants up dated their pass book in July, 2007, they found that Rs.70,240/- has been deducted from their SB account. Same was brought to the notice of OP – Bank but the Bank did not reconcile the same. Subsequently, on receipt of complaint, the Bank returned the said amount to the SB account of the complainants on 6.9.2007. As the Bank has illegally deducted the amount from the SB account of the complainant, the Bank is liable to pay SB interest on the said amount which amounts to Rs.2,107/-. We found that there is no document available in record to come to a conclusion by learned forum below that Rs.970/- is to be paid by the Bank to the complainants. In view of such fact, we hereby modify the order of the learned District Forum, Cuttack and direct the appellant to pay Rs.2,107/- to the complainants within one month from the date of receipt of this order along with interest at the rate of 6% per annum from the date of deduction i.e. 4.12.2006 till the date of payment. Further, we direct the appellant – Bank to pay Rs.1,000/- towards compensation and Rs.1000/- towards cost of litigation within the said time period failing which Rs.10,000/- shall be realized from the Branch Manager, Central Bank of India Cuttack Branch, Cuttack.
DFR be sent back forthwith.
Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.
