Delhi

East Delhi

CC/220/2015

SH. S.K - Complainant(s)

Versus

ORIANTAL BANK - Opp.Party(s)

12 Nov 2018

ORDER

           DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

              CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                  

                                                                                 

                                                                                  Consumer Complaint no.        220/2015

                                                                                                Date of Institution                30/03/2015

                                                                                                Order Reserved on               12/11/2018

                                                                                                Date of Order                        15/11/2018

                                                                                                       

In matter of

Mr. S. K. Tuteja, adult  

Prop. M/S Bhawana Enterprises

Office- 15/47, Geeta Colony, Delhi 110031...…………….Complainant                                                                   

 

                                                              Vs

The Branch Manager,                                                                         

Through Mr Mukesh Sethi

M/s Oriental Bank of Commerce  

7, Mahila Colony, Gandhi Nagar Delhi 110031……………….Opponent

 

Complainant’s Advocate                    Mr Harit Chhabra

Opponent’s Advocate                         Mr. Jalaj Agarwal  

 

Corum                                                   Sh Sukhdev Singh       President

                                                               Dr P N Tiwari               Member                                                                                                   

                                                               Mrs Harpreet Kaur     Member

 

Order by Dr P N Tiwari, Member  -

 

This complaint has been filed u/s 12 of The Consumer Protection Act by the complainant against the alleged deficiency in service of OP/ OBC, for deducting Rs 20,000/- in negligent way from his Loan Account to Current Account.   

 

Brief Facts of the case                                                                                            

Complainant had his business under the name of Bhawna Enterprises and had current account with OP/ OBC vide a/c no. 00851010017240 since long and opened a loan account with OP/OBC vide a/c no/ 00857011000280. He deposited Rs 20,000/- in his loan account on dated 26/07/2014 vide Ex CW1/1. It was alleged that OP deducted the same amount and credited in his current account under the name of “Bhawna Enterprises” without taking his consent. Even after repeated intimations to OP for reverting deducted amount in his loan account under the  business name Bhawna Enterprises (Ex CW1/2,3 & 4), but OP did not do so.

After inquiring with OP, it was told that his both accounts had been declared NPA (non operating accounts) and OP also misbehaved with complainant. Complainant also filed complaint in DLSA West District for settlement vide Ex CW1/5. Complainant / Bhawna Enterprises wrote letters to OP/ in the name of Mr. Mukesh Sethi (Ex CW1/7 & 8). Complainant also made complaint to General Manager OP H.Q. at Gurgaon on 19/01/2015 (Ex CW1/9).  When he did not get any reply filed RTI application (Ex CW1/10) on dated 25/08/2014 which was dismissed by PIO (Ex CW1/10 & 11). Not satisfied by the action taken by the First Appellate Authority of OP, sent legal notice on dated 06/02/2015 (Ex CW1/12).   

Complainant did not get any satisfactory replies from OP or HQ of OP, filed this complaint claiming compensation of Rs 2 lacs for his loss of business and work at his work place and other relief from this Forum which deem fit.      

 

OP filed written statement through authorised representative, Mr Vijendra Kumar Garg, Manager with OP (Ex OPW1/2), denied all the alleged allegations put in complaint. It was stated that complainant had current account in the name of Bhawna Enterprises as OD Clean Account since long and later he opened a Term Loan account (Ex OPW1/3 & 4). M/S Bhawna Enterprises as complainant was given a notice on 28/07/2014 that there was overdue of Rs 50533/-. The facility of OD was given for 15 days, but there was over dues for more than two months and complainant was directed to deposit over dues with interest at the earliest. OP had also filed detailed statements pertaining to both the accounts (Ex OPW1/5). OP stated that First Appellate Authority had disposed appeal under RTI Act filed by complainant (Ex OPW1/6).

 

It was also stated that both the accounts were declared as NPA by OP on 30/06/2014. Complainant deposited Rs 20,000/-in NPA Term loan account no 00057011000280 on 26/07/2014. It was stated that as per bank loan policies, current account, where OD facility was given, had to be made operational so amount deposited in term loan account was transferred in current account and all terms were explained earlier to the complainant at the time of opening term loan account which were agreed by him. Hence, there was neither any harassment done by OP nor any act was done under malafide intention deliberately. It was also stated that RTI application filed by the complainant was rightly disposed by the APIO on 13/10/2014.

The complaint was filed by the complainant was only to harass OP, thus prayed for dismissal of complaint. Complainant submitted an application for amending his complaint on 18/07/2016. It was allowed as complaint was at initial stage. Thereafter, amended complaint was filed stating details of ‘Sanction Letter’ dated 21/01/2011 pertaining to Term Loan (Fresh) of 10 Lacs which was taken for the purchase of a plot for factory land at Bawana Industrial area as per DSIDC terms. Complainant put his another plot measuring 100 sq meters with OP which too was under the name of Bhawana Enterprises having market value of over 15 Lacs and one guarantee.  The term loan was granted with 9% interest by OP. It had all the detailed terms and penalty clauses. The term loan was for seven years whose installment was to start from Oct. 2011 (Ex CW1/14). Complainant had also stated various written reminder letters to OP (Ex CW1/15 to 17) and also amended his prayer to as claimed difference of installment amounts.

 

Thereafter, OP also submitted written replies to amended complaint and supported earlier submitted written statement.

Complainant filed his rejoinder to the both written statements of OP and denied replies submitted by OP. In his evidence, he has reaffirmed on oath in affidavit that all his facts in his complaint and evidences from deposition of Rs 20,000/- in his term loan account to various reminders to OP and RTI application as annexed here from CW1/1 to 17 were correct and true and were on record.    

OP also submitted two sets of evidences. First on 02/01/2016 through Mr Vijendra kumar Garg, Manager with OP bank and affirmed that OP had replied all the letters written by complainant. It was stated that every quarry was replied appropriately and in time. It was also stated complainant had full knowledge of his both accounts as non operational from 30/06/2014 as per RBI guidelines (Ex OPW1/7). It was accepted that complainant had deposited Rs 20,000/- in his loan account 00057011000280 which was NPA/ overdue from 26/07/2014 and the same amount was credited in his old current account as per OD facility conditions. His RTI application was also disposed well in time as per RTI Act.

OP also filed second evidence on 17/11/2017 through Mr Vinay Sharma, Manager with OP bank and re-affirmed that OP had replied all the letters written by complainant. It was stated that every quarry was replied appropriately and in time and stated that all their evidences were correct and complaint may be dismissed. . Hence, it was prayed that there was no deficiency in their services, so this complaint may be dismissed. 

 

Arguments were heard from both the party counsels, all the materials on record were perused and order was reserved.

After hearing arguments from both the counsels at length on the points of loan terms and conditions of accounts and status, all the facts and evidence on record were scrutinized. We have observed from evidences on record, it is clearly evident that complainant had CURRENT Account earlier and then he opened another Term Loan Account for purchase of purchasing another plot for his business.

Before coming to the final conclusion, we considered the status of complainant whether complainant is a ‘consumer’ under the Consumer Protection Act, 1986.  

Whether complainant is a Consumer under the Consumer Protection Act, 1986 ?—

This issue has been analysed under Sec. 2(1)(d)i of the C P Act, 1986 –defines as –

       “Consumer” means any person who buys any goods for consideration which has been paid     

        or promised or partly promised ……., but does not include a person who obtains such goods

        for resale or any commercial purpose”;

 

Here, complainant had current account with OP for his business purpose (M/s Bhawna Enterprises and enjoyed OD facilities. He thereafter opened Term Loan account with same OP with all terms and conditions. As complainant was defaulter in both the accounts and both accounts were put as NPA. The purpose of maintaining current account for business purposes, hence he was dealing in COMMERCIAL work, so in reference to the Sec. 2(1)(d)i, he was not a consumer as per the Act.

When he was not a CONSUMER under the Act, the question of any deficiency does not arise.

That being so the complaint deserves dismissal with cost so dismissed with cost Rs 5000/- to be deposited in the Legal Aid account maintained by the East Distt, Karkarduma Court within 15 days from receiving the copy of this order and acknowledgement be submitted in the main file.  

The first free copy of this order be sent to the parties as per sec. 18 (6) the Consumer Protection Regulations, 2005 (in short ‘the CPR’) and file be consigned to the Record Room under the Section 20(1) of the CPR.

 

 

(Dr) P N Tiwari-Member                                                                       Mrs Harpreet Kaur-Member

 

 

                                                              Shri Sukhdev Singh 

                                                                     President