Sri Shyamal Gupta, Member

Agitating the decision of the Ld. District Forum, South 24 Parganas to allow the complaint case bearing no. 104 of 2017 vide its Order dated 23-07-2018, this Appeal is moved by Bangiya Gramin Vikash Bank.

Feeling aggrieved with the fact that the Appellant foreclosed his pledged LIC Policy without any prior notice to him and also committed some illegal acts; the Respondent No. 1 moved the instant complaint case before the Ld. District Forum.  After hearing all sides, the Ld. District Forum, at its wisdom, allowed the case in favour of the Appellant.  Being not satisfied with such decision, this Appeal is preferred by the Appellant.

As the Respondent No. 1 remained absent at the time of hearing, the case was heard in his absence.  We have perused the documents on record.

The case of the Appellant, in short, is that, since the Respondent No. 1 did not pay EMIs in time, the concerned loan account turned NPA and thereafter, following due procedure the outstanding due was realized after encashing the pledged LIC policy and the excess amount returned to the Respondent No. 1. 

It appears from the impugned order that the Ld. District Forum found several laches on the part of the Appellant in dealing with the concerned loan account of the Respondent No. 1.  Accordingly, it held the Appellant deficient in rendering proper service to the Respondent No. 1. 

Firstly, the Ld. District Forum noticed that the Appellant did not handover the copy of the loan agreement and payment schedule to the Respondent No. 1.  Secondly, the Appellant violated Clause No. 8.12.1.2 of the ‘Code of Bank’s Commitment to the Customer’ as it did not serve any prior notice before classifying the concerned loan account NPA.  Thirdly, the Appellant levied interest even after declaring the said loan account NPA. Lastly,  the Appellant returned lesser amount to the Respondent No. 1 after realizing its legitimate due from him.

As against such specific findings of the Ld. District Forum, it is quite intriguing to note that the Bank has not come up with any reasonable clarifications to negate such findings.  In view of this, we find no reason at all to take a differing view vis-à-vis the Ld. District Forum.

The Appeal is devoid of any merit, hence dismissed. No costs.