| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PATIALA. Consumer Complaint No.331 of 23.8.2016 Decided on: 10.3.2021 Shiv Shakti Flour Mills, Malerkotla Road, Nabha through its partner Pardeep Kumar s/o Haridial R/o 260 Hira Enclave Nabha District Patiala. …………...Complainant Versus - State Bank of India Branch Nabha, through its Manager.
- State Bank of India having its regional Head Office, at Sixth Floor, Sector 17B,Chandigarh through its General Manager.
…………Opposite Parties Complaint under Section 12 of the Consumer Protection Act, 1986. QUORUM Sh. Jasjit Singh Bhinder, President Sh.Y.S.Matta, Member ARGUED BY Sh.S.K.Verma, counsel for complainant. Sh.Vaibhav Mangla, counsel for OPs. ORDER JASJIT SINGH BHINDER,PRESIDENT - This is the complaint filed by Shiv Shakti Flour Mills through its partner Pardeep Kumar (hereinafter referred to as the complainant) against State Bank of India and another (hereinafter referred to as the OP/s) under the Consumer Protection Act,(hereinafter referred to as the Act)
Facts of the complaint - Brief facts of the complaint are that on 26.10.2012 the complainant wrote an application to arrange CC limit of Rs.40 Lakhs to OP No.1 and the OP No.1 accepted the offer and cash credit limit of Rs.40 Lakhs was arranged in account No.32684494481 of the complainant firm. It is averred that on 16.3.2014 and 16.3.2015 the OP debited Rs.10,000/- and Rs.12360/- as inspection charges respectively and on dated 18.2.2016 Rs.37,558/- has been debited as commitment charges. Further Rs.12,360/- has been debited as inspection charges on 16.3.2016 and Rs.12000/- has been debited on 30.3.2016 on account of processing fee. Thus a total sum of Rs.84,478/- has been deducted by the OPs illegally. The complainant made several requests to the OPs and wrote letters for the refund of his money but the OPs flatly refused to refund the same. There is thus deficiency in service on the part of the OPs which caused mental agony, pain and harassment to the complainant. Hence this complaint with the prayer to accept the complaint by giving directions to the OPs to refund the principal amount of Rs.84,478/- alongwith interest @12% per annum for the period of three years; to make the payment of Rs.50,000/-as compensation and Rs.20,000/-as costs of litigation.
Reply/Written statement - Notice of the complaint was given to the OPs who appeared through counsel and contested the complaint by filing written reply having preliminary objection that the present complaint is not maintainable .On merits,it is admitted that the complainant took a CC facility from the OPs. It is further submitted that in lieu of taking limit of Rs.40,00,000/-the complainant has executed term loan agreement and arrangement letter in Bank’s favour accepting the terms and conditions of loan. It is denied that any wrongful and illegal entry has been deducted as inspection and commitment charges and have been deducted on account of settled terms and conditions between the parties. There is no deficiency in service on the part of the OPs. After denying all other averments, the OPs have prayed for the dismissal of the complaint.
-
- In support of the complaint, the ld. counsel for the complainant has tendered in evidence Ex.CA affidavit of Pardeep Kumar alongwith documents Exs.C1 to C6 and closed the evidence. The complainant has also tendered Ex.C7 by way of additional evidence.
- On the other hand, the ld. counsel for the OPs has tendered in evidence Ex.OPA affidavit of Harbans Lal alongwith documents Exs.OP1 to OP5 and closed the evidence
-
- The OPs have also filed the written arguments. We have gone through the same, heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
- The ld. counsel for the complainant has argued that the complainant took CC limit from the OPs in the year 2012 and the OPs have illegally charged heavy amount from him. The ld. counsel has further argued that the amount which has been debited has been clearly shown in the account statement,Ex.C2 placed on the file. The ld. counsel during arguments has admitted that Rs.37558/- which was debited by the OPs on 18.2.2016 was given back to the complainant on 28.9.2018 but no interest has been paid on this amount as this amount was wrongly charged from the OPs bank. The ld. counsel further argued that inspection charges and processing fee has also been wrongly charged. The ld. counsel has relied upon the citation Uniplas India Ltd. Vs. The National Insurance Co. Ltd. 1992(1)C.P.J.169 (N.C.D.R.C.)
- On the other hand, the ld. counsel for the OP has argued that admittedly Rs.37558/- was given back to the complainant. The ld. counsel further argued that the bank was entitled for inspection charges and processing fee and this amount cannot be refunded and complaint be dismissed.
- To prove this case, the complainant has tendered his affidavit,Ex.CA and he has deposed as per his complaint, Ex.C1 is the letter of arrangement of cash credit limit of Rs.40lac between both the parties. On the next page of Ex.C1, it is written that commitment charges as applicable shall be payable in case of non utilization of sanctioned limits and pre applicable charges as applicable shall be payable in case of pre payment of term loan instalments.Ex.C2 is the bank statement of complainant in which on 18.2.2016 Rs.37558/- was deducted from the account, on 16.3.2016 Rs.12,560/- was deducted and on 30.3.2016 Rs.12,000/-was deducted. During arguments the complainant has attached bank statement in which on 28.9.2018 the amount of Rs.37558 /- which was deducted as commitment charges was returned back. So it is admitted that the bank has admitted the fault and returned back Rs.37558/- which was deducted on 18.2.2016 but they have not paid the interest to the complainant from 18.2.2016 to 28.9.2018 and the complainant is entitled to interest @6% per annum on the said amount of Rs.37558 /-from 18.2.2016 to 28.9.2018.There is another bank statement in which some inspection charges of Rs.12500/- was deducted on 16.3.2016. Ex.C3 is another bank statement. As per this statement on 23.1.2015 Rs.12000/- has been debited as processing fee and on 16.3.2016 an amount of Rs.12,360/- has been debited as inspection charges,Ex.C5 is the letter sent by the complainant to the OPs to return the amount.
- On behalf of OPs Harbans Lal Chief Manager has tendered his affidavit, Ex.OPA and in the affidavit he has deposed that in lieu of taking limit of Rs.40,00,000/- the complainant has executed term loan agreement and arrangement letter in Bank’s favour and accepted the terms and conditions and all the charges which have been debited from the account of the complainant on account of settled terms and conditions decided between the complainant and the Bank.Ex.OP1 is letter of arrangement between both the parties, in which it is clearly mentioned that pre payment charges as applicable shall be payable in case of pre payment of term loan installment. At page 9 of this letter there is heading Inspection which states that bank’s officials/inspectors will inspect the stocks/books/equipment and cost of inspection shall be borne by the complainant. In the letter of arrangement the bank has wrongly charged the amount of Rs.37558/- but that amount was given back on 28.9.2018 and was debited on 18.2.2016 but the bank has not paid the interest from 18.2.2016 to 28.9.2018.So the complainant is entitled to interest @6% per annum on the amount of Rs.37558/- from 18.2.2016 till 28.9.2018 and the remaining amount which has been debited on account of inspection fee and processing charges has rightly been debited and the complainant is not entitled for the refund of the same. Accordingly the complaint stands partly allowed and the OPs are directed to pay interest @6% per annum on the amount of Rs.37558/- for the period from 18.2.2016 to 28.9.2018.They are further directed to pay Rs.5000/- as compensation and Rs.10,000/-as costs of litigation. Compliance of the order be made by the OPs within a period of 45 days from the date of the receipt of the certified copy of this order.
ANNOUNCED DATED:10.3.2021 Y.S.Matta Jasjit Singh Bhinder Member President | |
