Shri B. Mukhopadhyay, President.   

This is an application u/s.12 of the C.P. Act, 1986.

            Complainant by filing this complaint has submitted that she is a retired lady teacher of Shree Krishnapur Primary Balika Vidyalaya who retired on 31-03-2007 and during her service life as a primary teacher she had a good relation with Shibananda Saha, Head Master of Harinarayanchawk Primary School and said Shibananda Saha prayed for loan to Central Bank, Kulgachia Branch and as a guarantor she signed after considering the fact that Sub-Inspector of School Uluberia also signed there and Central Bank, Kulgachia Branch granted Rs.1 lakh as loan to Shibananda Saha but at that time in the Central Bank complainant has no account or not other account but after retirement her pension account was opened in the Central Bank, Kulgachia Branch and, thereafter, it was found that OP2 Manager, Central Bank, Kulgachia Branch has deducted Rs.43,520/- from her pension account on the ground that Shibananda Saha’s loan has not been paid by Shibananda Babu.

            After observing the Pass Book she met the Branch Manager of Kulgachia Central Bank and requested him to take such action against the said Loanee Member Shibananda Saha but they did not pay any heed and continued to deduct from her Pension Account for satisfaction of the loan account of Shibananda Saha without starting any positive step as per law.  Though Shibananda Saha wrote a letter to Manager, Central Bank of India, Kulgachia Branch for deducting such amount from his salary account through his SIS of Uluberia but that was also not considered and in the circumstances, complainant submitted that act on the part of the OP Manager, Central Bank, Kulgachia is unwanted, illegal and negligent in manner and also prayed for refund of the said amount which has been deducted illegally by the OP2 Bank from her pension account and compensation etc.

            On the other hand OP Bank by filing written version has submitted that complainant as guarantor is liable to satisfy the loan of Shibananda Saha when it is not paid by Shibananda Saha when the loan account is a public money and bank officer has got no personal tendency to harass the complainant but proper steps are taken to realize public funds and there is no question of negligent manner of service on the part of the Bank and prayed for dismissal of the case and deduction at the source of the complainant’s account was duly intimated and all correspondences were made to Shibananda Saha and complainant and so the complaint should be dismissed.

            Fact remains in this case Shibananda Saha and Sub-Inspector of School, Uluberia Circle notice were served with summons but they did not appear but only the OPs1 and 2 appeared and submitted the above written version and prayed for dismissal of this case.

Decision with Reasons

On an in-depth study of the entire materials on record and including the written version and other materials it is undisputed fact that Shibananda Saha, Head Master of Harinarayanchawk Primary School of Uluberia took loan from the OP2 Bank to the extent of Rs.1 lakh and it is undisputed fact that ‘Sub-Inspector of School’ also signed in the said loan application giving his sign to deduct such amount from his salary in respect of the satisfaction of loan of Rs.1 lakh as was granted by OP2.  Truth is that the complainant is a teacher of nearer school as a guarantor.  But it is equally true that Bank can easily sent a letter to the Sub-Inspector of School, Uluberia for deduction of certain amount from the salary of Shibananda for satisfaction of the loan amount of Rs.1 lakh which was granted in favour of Shibananda Saha (Loanee Member) but that step has not been done by the OP2 or OP4.  Another fact is that at the time of taking loan the complainant did not submit any such declaration that in future if the loan amount is not paid by the OP3 it shall be deducted from her any account.  OP Bank has also failed to show that the present pension account of the complainant was in existences on the date of granting loan in favour of OP3. 

            It is also peculiar that Bank authority did not take any step to deduct the salary of the OP3 which is under the control of the OP4 when in the loan form SI of School of Uluberia signed and gave such consent that if loan is not paid by Shibananda Saha in that case it shall be cleared after deduction from his salary.  Practically the salary of OP3 is lien against the loan of OP3.

            Peculiar factor is that bank has not produced any document to show that the salary of the OP3 is not lien.  At the same time there is no such document to show that at the time of granting loan complainant has any account in the bank and that account has been kept lien.

            Most interesting factor is that after calling the Branch Manager of OP2 one specific order was passed on 16-09-2013 vide order No.14 with a direction to OPs1 and 2 to report to the Head Master, Harinarayanchawk Primary School to send an order to the OP4 where OP3’s salary account is there to stop any withdrawal of money from any account and OP3’s Bank also shall send such order at once Branch Manager, Kulgachia, Poschim Bonga Gramin Bank, Manikpara Branch under P.S. Uluberia not to allow Shibananda Saha to withdraw any amount from his salary account and Central Bank of OPs1 and 2 directed to comply the order that was not complied with.  Further an order to SI School, North Circle, at BDO Office, Uluberia was also sent and that SI School is a party of OP4 in this case.  Most interesting factor is that Bank Authority has not tried to comply that order rather violated the order at the instance of some brain.  It indicates that there is nexus in between the OP3 and OPs1 and 2 for which the Bank has not taken any step.  Though there is consent of S.I. School for deducting some portion of salary of OP3 from his Bank account that Bank is nearer to OP2 and further the Bank Authority may write a letter as per order of this Forum to SI of School, Uluberia Circle for deduction of his salary because the SI of School signed in the loan agreement and without taking all these basic step OPs 1 and 2 began to deduct most of the portion of the pension of the lady without starting any proceeding as per law.  Then it is clear OPs1,2,3,4 have their some nexus so that the pension account of the complainant may be deducted and Shibananda Saha may be benefited and no doubt it is a mal practice of the OP2 and also the bank authorities and considering the entire facts and circumstances, we want to say that the Bank has not started any proceeding in the Civil Court or any SURFAESI Act against the OP3 was making the complainant as party and there is no order of such deduction of pension of the complainant then how this Bank authority has legal authority to do that when the Pension Account is not lien against that loan account of Shibananda Saha.  Further taking into account of the arrogant, illegal, unfair attitude of the Branch Manager of Central Bank, Kulgachia Branch, we are confirmed that Manager has nexus with Shibananda Saha and also the OP4 for which intentionally Branch Manager, did not take any step which is within their control to report to office of the SIS Uluberia or Harinarayanchawk Primary School or Kulgachia Poschim Bonga Gramin Bank to clear the loan outstanding amount to OP2’s Bank.  If OP2 would comply the order No.14 dated 16-09-2013 in that case invariably the loan amount of Shibananda Babu would be cleared regularly but that was not done and practically Branch Manager, Kulgachia adopted unfair trade practice because deduction of the Pensionary benefit of complainant by OP2 is not moral approach of the OP2 when the OPs 1 and 2 have not complied the previous order of the Forum what  it indicates that they have no morality to comply the order of the court and practically OP2 and 1 have violated order of the Forum on previous occasion and considering the above circumstances, we are convinced that OP2 had adopted unfair trade practice as they have their nexus with OPs 3 and 4 and their action as taken is completely illegal in the eye of law because there is no order from court or tribunal or under any provision of the Surfaesi Act then how in such a fashion a big account was deducted and no doubt as consumer complainant has been harassed by the OP2 under instruction of the OP1 and deduction from pension account is completely uncalled for and in the above situation we are convinced that that complainant has been harassed by the OPs1 and 2 and also by OPs3 and 4 and in the circumstances, the complainant is entitled to get relief as prayed for.

            Hence,

Ordered

That the complaint be and the same is allowed on contest with cost of Rs.10,000/- (Rupees Ten thousand only) against the OPs1 and 2 and same is allowed on account of OP3 and 4 also but without any cost.

            OPs 1 and 2 are hereby directed not to deduct any such amount from the pension account of the complainant henceforth and shall have also to refund the amount which have been deducted against the loan account of Shibananda Saha and refund the amount in the pension account of the complainant within 15(fifteen) days from the date of this order.

            OP2 is hereby directed to write a letter by  OP4 for deducting the monthly salary of Shibananda Saha from his Bank Salary Account which is now lying in the Kulgachia Poschim Bonga Gramin Bank, Maniktala Branch, under P.S. Uluberia.

            Further OP4 is directed to pass such order to the effect that from OP3’s a certain amount of Rs.5,000/- shall be deducted from the salary of Shibananda Saha and same shall be deposited to the OP’s Bank for clearance of the loan amount which was taken by OP3.

            Further OP4 is directed to note down in the service book of the OP4 Shibananda Saha that his pension shall not be released in future until the bank loan amount is not cleared and that order shall also be communicated to the Head Master of Harinarayanchawk Primary School, Inspector of Primary  and also to Branch Manager, Central Bank of Kulgachia.

            OPs1, 2 and 4 shall comply the order, the compliance report must be submitted before this Forum within one month failing which OPs 1,2 and 4 each shall have to pay Rs.10,000/- as punitive damages per month till compliance of the Forum’s order.

            Complainant to send a copy of this order by registered post with A/D by Speed Post to OPs1, 2 and 4 at once for compliance.