Haryana

Yamunanagar

CC/378/2014

Rajiv Saini S/o. Jaipal - Complainant(s)

Versus

P.N.B - Opp.Party(s)

Inperson

13 Nov 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

 

                                                                                               Complaint No…378  of 2014.

                                                                                               Date of institution: 4.9.2014

                                                                                               Date of decision: 13.11.2015.

Rajiv Saini son of Sh. Jai Pal, resident of Aamwala, P.O. & Tehsil Bilaspur, District Yamuna Nagar.                                                                                                                                                                                                                                                            …Complainant.

                                    Versus

Branch Manager, Punjab National bank Bilaspur, District Yamuna Nagar.

                                                                                                     …Opposite party.  

             

BEFORE:         SH. ASHOK KUMAR GARG PRESIDENT,

                        SH. S.C.SHARMA, MEMBER.

 

Present:  Complainant in person.   

               OP already ex-parte.   

             

 

ORDER

 

 1.                    Complainant Rajiv Saini  has filed the present complaint under section 12 of the Consumer Protection Act 1986 praying therein that the OP be directed to issue NOC and further to refund excess amount charged form the complainant by way of interest as well as principal with interest and further to pay litigation expenses and compensation.

2.                     Brief facts of the present complaint, as alleged by the complainant, are that the complainant obtained a loan of Rs. 1,80,000/- after getting approved/sanctioned by the Animal Husbandry Department, Yamuna Nagar for purchasing five buffalos from the Punjab National Bank, Bilaspur on 27.7.2010. At the time of sanctioning the loan Animal Husbandry Department Yamuna Nagar granted a subsidy of Rs. 29025/- and this amount was sent to the OP Bank on 5.4.2010 vide RTR No.CC/45-129444 dated 19.3.2010 ( Annexure C-1) through cheque and the said cheque of subsidy amount of Rs. 29025/- was deposited by the complainant on 5.4.2010 with the OP Bank. The complainant was paying installments regularly and almost all the loan amount was cleared by the complainant. As per account statement Annexure C-3 an amount of Rs. 30,000/- was paid on 20.11.2013 by the complainant and after that an amount of Rs. 38954/- has been shown as debit balance by the OP Bank which is totally wrong and incorrect because the OP Bank has not adjusted the subsidy amount of Rs. 29025/- which was received by the OP Bank on 5.4.2010 even prior to sanctioning the loan amount on 27.7.2010. Further the OP bank has also not deposited the interest amount of subsidy amount in the account of complainant and the subsidy amount of Rs. 29025/- was illegally, arbitrarily with held by the OP Bank for a period of near about 3 years 9 months ( i.e. w.e.f. 5.4.2010 to 11.1.2014) as this amount has been credited in the account of complainant on 11.1.2014. Further an amount of Rs. 8640/- on account of insurance has been debited wrongly on 8.1.2014 by the OP whereas on 8.1.2014 there was nothing due against the complainant and when there was nothing due then how the bank can get the insurance by paying a huge amount on account of insurance.  So, this amount of Rs. 8640/- may also refundable to the complainant. Further as per Government Policies insurance of the animals, only Rs. 100/- is chargeable on account of insurance of each animal but in this case, the OP bank has charged illegally huge amount without the consent and prior notice to the complainant. Further the OP has levied exaggerated interest and illegal charges in the account of the complainant, which is evident from the account statement itself as the subsidy amount of Rs. 29025/- has been credited in the account of the complainant on 11.1.2014 instead of adjusting this amount at the initial stage i.e. on 27.7.2010 at the time of disbursing the loan amount and under the compelling circumstances the complainant had paid further an amount of Rs. 27800/- whereas the whole loan amount had already been paid by the complainant, which was paid by the complainant to the OP Bank (i.e Rs. 27000/- on 27.5.2014 and Rs. 800/- on 11.6.2014) and lastly prayed that complaint of the complainant may kindly be accepted and the OP be penalized accordingly on account of deficiency in service and unfair trade practice and directed to issue NOC.

3.                     Upon notice, OP failed to appear despite service through registered post and as such he was proceeded ex-parte vide order dated 22.12.2014. 

4.                     To prove the case, complainant tendered into evidence his affidavit as Annexure CX and documents such as Photo copy of subsidy of Rs. 29025/- issued by Deputy Director, Animal Husbandry & Dairy Development, Yamuna Nagar as Annexure C-1, Photo copy of balance sheet in rough writing as Annexure C-2, Photo copy of Account ledger inquiry as Annexure C-3, and closed his evidence.  

5.                     We have heard the complainant and have gone through the pleadings as well as documents placed on the file.

6.                     It is not disputed that complainant obtained a loan of Rs. 1,80,000/- after getting approved/sanctioned by the Animal Husbandry Department, Yamuna Nagar for purchasing 5 buffalos from the PNB Branch Bilaspur on 27.7.2010. Further it is also not disputed that an amount of Rs. 29025/- was granted as subsidy by the Animal Husbandry Department which is evident from RTR No.CC/45-129444 dated 19.3.2010 Annexure C-1. It is also not disputed that complainant paid entire loan amount to the OP Bank. The only plea of the complainant is that OP Bank has charged excess amount from the complainant by way of interest as well as principal and further amount of subsidy Rs. 29025/- has been wrongly credited in his account on 11.1.2014 instead of adjusting this amount at initial stage on27.7.2010 at the time of disbursing the loan amount. Further the OP bank has debited his account wrongly with an amount of Rs. 8640/- on account of insurance whereas on that date the balance in his account was NIL and when there was no outstanding against the complainant then how the OP Bank can get the insurance without the permission of the complainant in arbitrarily manner and draw our attention towards the account statement Annexure C-3 wherein all the above noted facts has been shown by the OP Bank.

7.                     We have perused the account statement Annexure C-3 minutely and carefully. It is clear from the account statement that complainant availed an amount of Rs. 1,80,000/- from the OP Bank on 27.7.2010 vide account No. 054800AG 00001594 INR 054800 which has been shown as closed on 13.6.2014 by the complainant after paying all the dues. Further it is evident from the account statement that an amount of Rs. 29025/- on account of subsidy had been credited by the OP bank on 11.1.2014 in the account of complainant whereas the same was received by the OP bank on 5.4.2010 which is evident from Annexure C-1. It is also evident from the account statement Annexure C-3 that an amount of Rs. 8640/- on account of insurance has also been debited in the account of the complainant on 8.1.2014 i.e. prior to adjusting the subsidy amount on 11.1.2014 which shows malafide intention of the OP bank itself. Further the OP bank has not credited the interest on the amount of subsidy which was received by the OP Bank on 5.4.2010, as the OP Bank has credited only Rs. 29025/- in the account of complainant on 11.1.2014. Prima facie, if we consider both the amounts i.e. Rs. 29025/- of subsidy amount and Rs. 8640/- amount of insurance it comes to near about Rs. 37665/- and as per account statement an amount of Rs. 38954/- has been shown as outstanding balance on 20.11.2013 by the OP Bank. Even the amount of interest on Rs. 29025/- was also pending which was yet to be credited in the account of complainant. So, we are of the considered view that, if the subsidy amount was adjusted by the OP Bank at initial stage then it may be zero balance prior to obtaining the insurance policy. Further the intention of the OP Bank also shows from the contents that the OP bank has not obtained any insurance policy w.e.f. 2010 to 2013 when the major amount of the loan was standing against the complainant but obtained the insurance policy in question in the year 2014 when almost loan amount was NIL. Even no prior consent has been obtained from the complainant before getting the insurance policy. Further it seems that an amount of Rs. 27000/- and Rs. 800/- on account of interest as shown in the account statement Annexure C-3 has also been falsely raised in the account statement of the complainant. The malafide intention of the OP Bank further clear from the account statement as NO Objection Certificate has not been issued to the complainant till filing of the complaint i.e. on 4.9.2014 whereas the complainant has cleared his account by making all the payments on 11.6.2014 and the complainant has been forced to file the present complaint.   

8.                     So after going through the above noted circumstances, we are of the considered view that there is a great deficiency in service on the part of OP Bank. Hence, the complainant is entitled for relief.

9.                     Resultantly, we partly allow the complaint of complainant and direct the OP Bank to adjust the subsidy amount of Rs. 29025/- at initial stage i.e. at the time of disbursing of the loan or to pay interest on subsidy amount of Rs. 29025/- at the same rate of interest charged by the OP Bank from the complainant w.e.f. subsidy amount received by the OP Bank and this amount be adjusted prior to taking the insurance policy and then if the balance becomes zero then refund the entire excess amount to the complainant and further to refund an amount of Rs. 8640/- on account of insurance charges with interest at the same rate of interest charged by the OP Bank from the complainant. Further the OP Bank is directed to issue NOC (No Objection Certificate) to the complainant immediately and OP Bank is also directed to pay a sum of  Rs. 5000/- as compensation on account of harassment and Rs. 2000/- as litigation expenses within a period of 30 days otherwise complainant shall be entitled to invoke the jurisdiction of this Forum as per law. Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced: 13.11.2015.

                                                                                    (ASHOK KUMAR GARG )

                                                                                    PRESIDENT,

 

                                                                                     

                                                                                    (S.C.SHARMA )

                                                                                     MEMBER.