Haryana

Yamunanagar

CC/135/2013

Manoj Kumar S/o Gian Chand - Complainant(s)

Versus

Punjab National Bank - Opp.Party(s)

D.S.Khurana

11 Nov 2016

ORDER

 

BEFORE THE DISTT.CONSUMER DISPUTES REDRESSAL FORUM YAMUNA NAGAR JAGADHRI

 

                                                                                                C.C.No. 135 of 2013.

                                                                                                Date of Instt. 18.02.2013.

                                                                                                Date of Decision:11.11.2016.

 

Manoj Kumar son of Shri Gian Chand, resident of V.P.O. Buria, Tehsil Jagadhri, District Yamuna Nagar.

 

                                                                                                              ..Complainant

                 Versus

Punjab National Bank, Branch Buria, Tehsil Jagadhri, District Yamuna Nagar.

 

                             ..Respondent

BEFORE:         SH. ASHOK KUMAR GARG …………….    PRESIDENT

                        SH. S.C. SHARMA  …………………………MEMBER

           

Present:      Sh. D.S.Khurana, Advocate, counsel for complainant. 

                    Sh. Pardeep Walia, Advocate, counsel for respondent.

 

ORDER   

1.                     The complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986.

2.                      Brief facts of the present complaint, as alleged by the complainant, are that complainant had taken a loan of Rs. 50,000/- under the “Prime Minister Rojgar Yojna” Scheme on 20.04.2006 and it was agreed between the parties that the complainant would repay the loan in installments of Rs. 833/- per month and the loan was advanced to the complainant for a period of 5 years i.e. 60 installments. The complainant deposited the loan installment regularly at the rate of Rs. 1000/-per month and as per the account statement given to the complainant, the balance in the loan account became Nil on 12.10.2011 and nothing remained outstanding. The complainant demanded NOC from the respondent (hereinafter referred as OP) who kept on lingering on the matter on one pretext or the other and ultimately the complainant is in receipt of one notice dated 28.01.2013 from the OP to the effect that the OP has demanded a sum of Rs. 6722/- on account of accrual of some interest. It has been further mentioned that since the complainant has been regularly depositing the installments more than the requisite amount, therefore, there is no question that any interest should accrue in the account of the complainant. The complainant was required to deposit the loan in 5 years but the complainant has paid the loan in 3 ½ years which is prior to the requisite time. The demand of Rs. 6722/- raised by the OP is totally illegal, null and void and is against the factual position and prayed for quashing the amount of Rs. 6722/- demanded vide notice dated 28.01.2013 and further prayed for compensation as well as litigation expenses.

3.                     Upon notice, OP appeared and filed its written statement by taking some preliminary objections such as complaint is legally not maintainable in the present Form; complainant has got no locus standi to file and maintain the present complaint; complaint is legally estopped by his own act and conduct from filing the present complaint. The complainant has concealed the true and material facts from this Forum, hence the complaint of the complainant is liable to be dismissed with costs. The true facts are that the complainant has obtained a loan of Rs. 50,000/- under the PMRY Scheme, which was repayable in 60 monthly installments of Rs. 1100/- each and the rate of interest was agreed 11% per annum and 2% penal interest but the complainant has not deposited the total amount and now the complainant is in arrears of Rs. 6722/- upto 15.01.2013 but the complainant has not paid the same. The complainant is a defaulter in making the payment of abovesaid loan and in this regard the OP has served a notice dated 16.07.2010 for the amount of Rs. 22,811/-, notice dated 23.04.2010 for the amount of Rs. 34,025/- and then another notice dated 28.01.2013 for an amount of Rs. 6722/-. Now the complainant is in arrear of Rs. 6722/- upto 15.01.2013 and to avoid himself in making the payment, the complainant has filed the present false and frivolous complaint and on merit controverted the plea taken in the complaint and reiterated the stand taken in the preliminary objections. Lastly, prayed for dismissal of complaint.

4.                     In support of his case, complainant tendered his affidavit as Annexure CW/A and documents such as Photo copy of application form for financial assistance as Annexure C-1, Photo copy of notice dated 28.01.2013 as Annexure C-2, Photo copy of notice under Haryana Agriculture Credit Operations and Mis. Provision as Annexure C-3, Photo copy of notice under section 5(1) of the Haryana Agricultural Credit Miscellaneous Provisions as Annexure C-4, Photo copy of notice dated 28.01.2013 as Annexure C-5, Photo copies of pass book as Annexure C-6 and C-7, Photo copies of statement of account as Annexure C-8 and C-9 and closed his evidence.

5.                     On the other hand, counsel for the Ops tendered into evidence account statement of Manoj son of Gian Chand as Annexure R-1 and closed the evidence on behalf of OP Bank.

6.                     We have heard the learned counsel for both the parties and have gone through the pleadings as well as documents placed on file very minutely and carefully.

7.                     It is not disputed that the complainant take a loan of Rs. 50,000/- from the OP Bank and is having account bearing No. 056100JE00010075 with the OP Punjab National Bank. The only version of the complainant is that demand of Rs. 6722/- vide letter dated 28.01.2013 (Annexure C-5) is totally illegal and liable to be quashed as the complainant had already cleared his entire loan amount on 12.10.2011 and draw our attention towards the account statement Annexure C-8. Learned counsel for the complainant further argued that during the pendency of this case the Op Bank has illegally and wrongly withdraw the amount of Rs. 6720/- ( Rs. 4000/- on 26.05.20114 and Rs. 2720/- on 20.11.2014 from his other saving bank without the consent or permission of the complainant, which is clearly evident from the copy of account statement Annexure C-9. So, the complainant is entitled to get the refund from the OP Bank alongwith interest and also entitled to compensation.

8.                     On the other hand, counsel for the Op Bank argued that amount of Rs. 6722/- was pending against the complainant and in this respect a notice was also issued on 28.01.2013 (Annexure C-2). Hence a false complaint has been filed and the same is liable to be dismissed.

9.                     After hearing both the parties, we are of the considered view that to decide the controversy between the parties, it is necessary to go through the account statement filed by the complainant as Annexure C-9 which is latest account statement. From the perusal of this account statement, it is clearly evident that the complainant repaid the entire loan amount on 27.10.2011 but the OP Bank has wrongly and illegally debited the amount of Rs. 6532/- in the account of the complainant and after that Op Bank debited the interest on this amount from 27.10.2011 to 15.1.2013. Even from the perusal of the account statement, it is evident that official of the Op Bank were not maintaining the account of the complainant properly and as per their wishes they were withdrawing and depositing the amount time to time as per their own wishes. We have also gone through the written statement filed by the Op Bank but in that also no clarification has been disclosed in respect of the amount of Rs. 6532/- and illegally debited in the account of the complainant firstly on 27.10.2011 and after that Rs. 6722/- on 15.01.2013. Even, the Op Bank has also failed to convince this Forum that by which mode they withdraw the amount of Rs. 4000/- and Rs. 2720/- from the saving account of the complainant. The present complaint has been filed on 18.02.2013 by the complainant whereas an amount of Rs. 4000/- and Rs. 2720/- has been withdrawn from the account of complainant on 26.05.2014 and 20.11.2014 respectively. Meaning thereby, that this amount has been illegally and wrongly without the consent and permission of the complainant has been withdrawn by the official of the Op Bank from the account of the complainant which clearly constitute the deficiency in service and unfair trade practice on the part of OP Bank.

10.                   Resultantly, we partly allow the complaint of complainant and quash the amount of Rs. 6722/- alongwith further interest, if any, which was illegally demanded by the OP Bank vide demand notice dated 28.01.2013 (Annexure C-2) and subsequently has been withdrawn from the saving account of complainant. The OP Bank is directed to refund the same to the complainant alongwith interest at the rate of 7% per annum from the date of withdrawal i.e. 20.11.2014 till its realization and further to pay Rs. 2000/- as compensation for mental agony, harassment  as well as litigation expenses. Order be complied within a period of 30 days after preparation of copy of this order failing which 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 in open court.11.11.2016.

                        (S.C.SHARMA)                                    ( ASHOK KUMAR GARG)

                         MEMBER                                            PRESIDENT