Punjab

Rupnagar

CC/16/23

Tarlochan Singh - Complainant(s)

Versus

Punjab National Bank & Another - Opp.Party(s)

Ms. Jaspreet Kaur Somal, Adv.

04 Jul 2017

ORDER

BEFORE THE DISTT. CONSUMER DISPUTES REDRESSAL FORUM, ROPAR.

 

                                 Consumer Complaint No. :  23 of 16.05.2016

                                 Date of decision                    :     04.07.2017

 

 

Tarlochan Singh, aged about 58 years, son of Late Sh. Jagir Singh, resident of Village Sill, Tehsil Kharar, District S.A.S. Nagar, (Mohali).

                                                                  ......Complainant

                                             Versus

1. Punjab National Bank through its Chairman/Managing Director with its  Head Office 7, Bhikaji Cama Place, New Delhi-110066

2. Punjab National Bank through Branch Manager, Branch Office  Morinda, Tehsil Chamkaur Sahib, District Rupnagar

                                                                                  ....Opposite Parties

 

               Complaint under Section 12 of the                                                      Consumer Protection Act, 1986

 

QUORUM

 

              MRS. NEENA SANDHU, PRESIDENT

              SMT. SHAVINDER KAUR, MEMBER

 

ARGUED BY

 

 

Ms. Jaspreet Kaur Somal, Advocate, counsel for complainant 

              Sh. Gurpreet Singh, Advocate, counsel for O.Ps  

 

 

ORDER

 

                        MRS. NEENA SANDHU, PRESIDENT

 

Sh. Tarlochan Singh through his counsel has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘the O.Ps.’) praying for the following reliefs:-  

i)       To credit the amounts of Rs. 2,80,000/ and Rs.7281/-, resin the saving account of the complainant, which were legally transferred on 20.06.2015 and 24.6.2015, respectively.  

ii)      To pay Rs.2,00,000/- as compensation on account of mental agony and physical harassment suffered by him 

                             iii)     To pay Rs.50,000/- as cost of litigation

 

2.                 The brief facts of the case are that the complainant is having saving account bearing No.3883000110191456, with the O.Ps., since 2010. In the year 2011, he had taken agriculture loan/credit limit from the O.Ps. having account No.3883008800059204. Apart from these two accounts, he has no other fixed deposit account with the O.Ps. However, the O.Ps. by opening a benami agriculture loan account. bearing No. 3883008600001452 dated 23.12.2013 in his name, had siphoned off the amount of Rs.2,80,000/- on 20.06.2015, and Rs.7,281/- on 24.6.2015, from his saving account bearing No. 3883000110191456 and thereafter very cleverly closed the said benami agriculture loan account on 24.6.2015. The O.Ps. had taken his signatures on two/three sets of loan papers and without taking his consent might have opened the said benami account in his name just to siphoned off the amount from his saving account. He complained about the same to the O.P. No.1 but it did nothing. Thereafter, on 01.02.2016, he got served a legal notice upon the O.P. No.2 through registered A.D. In the last week of February, the O.P. No.2 called him to their office but the matter still has not been sorted out. Hence, this complaint.

3.       On being put to notice, the O.Ps. No.1 & 2 have filed written version taking preliminary objections that the complainant has not approached the Hon’ble Forum with clean hands; that the complainant has no locus standi and cause of action to file the present complaint; that the intricate and contentious question of fact and law are involved in the present complaint; that the complainant is guilty of suppression very and has concealed the material facts from this Hon’ble Forum; that the complaint is misconceived and frivolous and has been filed with ulterior motives and is aimed at extracting money from the answering O.P; that the present complaint is not maintainable in the present form. On merits, it is stated that the complainant was having a loan account bearing No.86-1452 with it, an amount of Rs.2,50,000/- was disbursed on 23.12.2013 and lateron Rs.2,48,680/- were transferred into his saving account bearing No.3883-191456, after deducting Rs.1320/- as service charges. It is pertinent to mention here that complainant himself mortgage the land measuring 4 Kanal 1 Marla situated in Village Sill, Tehsil Kharar, District SAS Nagar, having value of Rs.5,25,000/- vide registered mortgage deed No.5499 dated 18.12.2013, registered in the office of Sub Registrar, Kharar. On the basis of said registered mortgage deed the Rapt No.138 had been incorporated in the revenue record. In the Fard Jamabandi for the year 2009-2010, Rs.5,25,000/- has been mentioned as loan amount. The question of opening and operating a benami agriculture loan account does not arise. All the monetary transactions had been done by the complainant himself. It is further stated that after receipt of the legal notice, they called the complainant and issued the account statements of his loan and other accounts to him. Rest of the paras

4.                On being called upon to do so, the learned counsel for the complainant tendered affidavit of complainant Ex.C1 along with documents Ex.C2 to Ex.C6. The learned counsel for the complainant also tendered documents Ex.CW/A to Ex.CW1/C and closed the evidence. The learned counsel for the O.Ps has tendered affidavit of Sh. Kuldeep Singh, Manager, Punjab National Bank, Ex.OP1, along with copies of documents Ex.OP2 to Ex.OP9 and closed the evidence.

5.                 We have heard the learned counsel for the parties and have gone   through the record of the file, including written arguments filed by the complainant, carefully.

6.                 The learned counsel for the complainant has submitted that the O.Ps. opened a benami agriculture loan account bearing No. 3883008600001452 on 23.12.2013 in the name of the complainant and siphoned off amount of Rs.2,80,000/- on 20.06.2015 and an amount of Rs.7281/- on 24.6.2015 from his saving account bearing No. 3883000110191456 and credited in the said benami agriculture loan account and thereafter closed the same on 24.6.2015. On the contrary, the learned counsel for the O.Ps. vehemently argued that the agriculture loan account bearing No. 3883000110191456 was opened on the request of the complainant and on filing of loan application form by him. The complainant obtained the loan of Rs.2,50,000/-, after mortgage of his land on 18.12.2013, measuring 4 Kanal 1 Marla situated in Village Sill, Tehsil Kharar having value of Rs.5,25,000/- with the Punjab National Bank, Morinda.

We have perused the mortgage deed executed on 18.12.2013, Ex.OP2 and found that on the top of the first page of the said mortgage deed, it is written in hand that the said mortgage deed is for loan of Rs.2,50,000/- for the purpose of agriculture and Diary farming. On the said mortgage deed, it is also mentioned that the old agriculture loan is of Rs.2,75,000/-, total = Rs.5,25,000/-. From the application form for agriculture credit Ex.OP9, it is evident that complainant had obtained a loan of Rs. 2,50,000/- on 23.12.2013. Since, the said loan application form has duly been signed by the complainant, thus, thus the plea of the learned counsel for the complainant that the O.Ps. have opened a benami loan account in the name of the complainant is not tenable. From the statement of account bearing No. 3883008600001452, Ex.OP6, it is evident that a loan amount of Rs.2,50,000/- was disbursed on 23.12.2013 and after deducting Rs.1320/- as service charges and amount of Rs.2,48,680/- was transferred. From the statement of account bearing No. 3883000110191456, Ex.OP7, it is evident that on 23.12.2013, an amount of Rs.2,48,680/- was credited in the said account. From the said statement of account, it is evident that on 20.06.2015, an amount of Rs.2,80,000/- and on 24.6.2015 an amount of Rs.7,281/- was transferred from the said account. From the statement of account bearing No.3883008600001452, Ex.C4, and from the copy of account Ledger Inquiry of account No. 3883008600001452, Ex.OP6, it is evident that the said amount of Rs.2,80,000/- and Rs.7,281/- were duly credited. Facing with this situation, no deficiency can be attributable to the O.Ps. therefore, the complaint filed by the complainant is devoid of merits, consequently, we dismiss the same without any order as to cost.

7.                 The certified copies of this order be supplied to the parties forthwith, free of costs, as permissible under the rules and the file be indexed and      consigned to Record Room.

ANNOUNCED                                                                                       (NEENA SANDHU)

          Dated: 04.07.2017                                                          PRESIDENT

 

 

                                                           (SHAVINDER KAUR)

                                                                                        MEMBER  

 

 

                                                CC No. 23 of 2016

 

                   PRESENT:           None

                            

Vide our separate detailed order of even date, the complaint is dismissed, as per details given therein. The file be indexed & consigned to the Record Room.

 

                                               

                                                MEMBER                               PRESIDENT

                                                                                                04.07.2017