Punjab

Sangrur

CC/514/2016

Balwinder Singh - Complainant(s)

Versus

State Bank of Patiala - Opp.Party(s)

Shri Rohit Jain

02 Feb 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

 

                                                               

                                                Complaint No.  514

                                                Instituted on:    29.08.2016

                                                Decided on:       02.02.2017

 

 

Balwinder Singh son of Shri Gurbachan Singh, resident of Village Chaproda, Tehsil Malerkotla, Distt. Sangrur.

                                                        …Complainant

                                Versus

1.     The Branch Manager, State Bank of Patiala, SSI Branch, Thandi Sarak, Malerkotla, Distt. Sangrur.

2.     The Chief Manager, State Bank of Patiala, Main Branch, Shree Hanuman Mandir, Malerktla, District Sangrur.

3.     The Branch Manager, State Bank of Patiala, Amargarh, Tehsil Malerkotla, District Sangrur.

                                                        …Opposite parties

 

For the complainant  :               Shri Rohit Jain, Adv.

For opposite parties  :               Shri H.S.Khurmi, Adv.

 

 

Quorum:   Sukhpal Singh Gill, President

                Sarita Garg, Member

                Vinod Kumar Gulati, Member

 

Order by : Sukhpal Singh Gill, President.

 

1.             Shri Balwinder Singh, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that the complainant has a saving bank account bearing number 55024382483 with the OP number 1 in which an amount of Rs.1,50,000/- has been lying deposited.  It is further averred that the complainant is also using the ATM facility and on 20.7.2016 the complainant used the same, but the transaction was not completed and as such he approached OP number 1 on 21.7.2016 and filed a vouched to withdraw the amount of Rs.5000/-, but the same was not passed/allowed by the OP on duty without assigning any reason.  As such, the complainant got served a legal notice dated 22.7.2016 on the OPs, but they did not give any reply.  Thereafter the complainant received a letter dated 20.07.2016 issued by the State Bank of Patiala, Amargarh branch in which it was mentioned that they have wrote letter number 248 dated 18.5.2016 that CC limit of M/s. Sandhu Solar House System has been running irregular and you are guarantor in the above account and on 24.6.2016 the OPs hold Rs.35,000/- of the complainant and now they have hold Rs.2,00,000/- in his above mentioned salary account and the complainant sent a reply to that. It is further averred that OP number 3 has to proceed first of all against the borrower and if any amount is remained unrecovered then can proceed against the complainant and the OPs are not entitled to hold account number 55024382483 as the same is not mentioned in the guarantee documents. It is further averred that the complainant is a retired employee of the Punjab State Power Corporation Limited and his pension comes through the above mentioned account, which has been illegally withheld by the OPs. It is further mentioned in the complaint that he was in dire need of the money,  as such he was forced to get loan of Rs.1,00,000/- from his friend Shri Ajay Kumar Jain son of Shri Darshan Kumar Jain, resident of Uppal Mohalla, Malerkotla on pronote and receipt @ 2% per annum on 12.8.2016 and was forced to pay interest.  It is stated further that the OPs have wrongly issued a notice dated 20.07.2016. Thus, alleging deficiency in service on the part of the OPs, the complainant has prayed that the OPs be directed to release the above mentioned account number 55024382483 with OP number 3 and further prayed to pay compensation and litigation expenses.

 

2.             In reply filed by the OPs, legal objections have been taken up on the grounds that the complaint is not maintainable in the present form,  that the complainant is not a consumer, that this Forum has no jurisdiction to hear and try the present complaint, that the complainant has breached the terms and conditions of the agreement and complainant has become a defaulter of the bank under rule and the Ops has already started proceedings under the SARFAESI Act for possession and sale of the house under mortgage with the bank.  On merits, it is admitted that the complainant has a saving bank account as alleged and the complainant is a guarantor of firm M/s. Sandhu Solar House System, village Chapraunda, whereby the complainant and the said firm executed various documents in favour of the bank. The complainant firm has breached the terms and conditions of the loan agreement and the loan agreement has been declared NPA and the OPs have hold the account of the complainant as per the agreement.  It is further averred that the complainant also executed and signed guarantee agreement dated 12.9.2014 in favour of the bank.  It is further stated that the OPs have already started proceedings under the SARFAESI Act and has served the notice under section 13(2) of the SARFAESI Act on 30.8.2016 to the complainant as well as the proprietor of the firm.  The other allegations levelled in the complaint have been denied in toto. Lastly, the Ops have prayed for dismissal of the complaint with special costs.

 

3.             The learned counsel for the complainant has produced Ex.C-1 copy of legal notice, Ex.C-2 and Ex.C-3 copies of postal receipts, Ex.C-4 copy of letter, Ex.C-5 copy of legal notice, Ex.C-6 copies of postal receipt, Ex.C-7 affidavit and closed evidence.   On the other hand, the learned counsel for OPs has tendered Ex.OP-1 affidavit, Ex.OP-2 copy of account statement, Ex.OP-3 copy of notice to the complainant, Ex.OP-4 copy of notice to M/s. Sandhu Solar House, Ex.OP-5 and Ex.OP-6 copies of postal receipts, Ex.OP-7 copy of information sheet, Ex.OP-8 copy of bio data, Ex.OP-9 copy of guarantee agreement, Ex.OP-10 to Ex.OP-25 copy of pronote, legal notice and postal receipts etc. and closed evidence.

 

4.             We have carefully perused the complaint, version of the opposite parties and heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits acceptance, for these reasons.

               

5.             It is an admitted fact between the parties that M/s. Sandhu Solar House System Village Chapraunda took a CC limit of Rs.10,50,000/- from Op number 3 under which the complainant stood the guarantor, who promised to the Ops to pay the entire loan amount with interest and costs to the bank and they executed and signed a guarantee agreement dated 12.09.2014 in favour of the bank.   It is also an admitted fact that the OPs have already started proceedings under the SARFAESI Act and has served the notice under section 13(2) of the SARFAESI Act on 30.8.2016 to the complainant as well as the firm M/s. Sandhu Solar House system. But, in the present case the dispute is over the illegal ceasing of the saving bank account number 55024382483 of the complainant with the OP number 1.  In the present case, we may  mention that the Ops have started the proceedings under the SARFAESI Act against the said firm M/s. Sandhu Solar House System for recovery of the dues, but there is nothing on record that there is any amount due against the said firm after selling the properties pledged against the said CC limit.  There is nothing on record to show that the Ops were ever empowered to cease the pension saving bank account number 55024382483 of the complainant nor the OPs have shown any such rules/regulations empowering them to do so.  Further the complainant had also got served a legal notice dated 22.7.2016 upon the OPs whereby they were requested to release the saving account of the complainant, but no reply to that was given by the OPs.  Further we have perused the copy of bio data form Ex.OP-8 submitted by the complainant whereby he has given his plot of Malerkotla as a guarantee and there is no mention of the said saving bank account of the complainant.  Since the complainant is a pensioner and his pension also deposits in this account bearing number 55024382483, we feel that it would not be legally fair on the part of the Ops to cease such a saving account, more so when the other properties of the complainant as well as of the said firm i.e. M/s. Sandhu Solar House System Village Chapraunda are available to sell.  In the circumstances of the case, we are of the considered opinion that this is a fit case, where a direction should be given to the Ops to not to withheld the saving account number 55024382483 of the complainant.

 

6.             Accordingly, in view of our above discussion, we allow the complaint and direct the OPs to release the saving bank account number 55024382483, which has been illegally and arbitrarily ceased by the Ops. We further direct the Ops to pay to the complainant an amount of Rs.10,000/- in lieu of consolidated amount of compensation for mental tension and harassment and litigation expenses.

 

7.             This order of ours be complied with within a period of thirty days of its communication. A copy of this order be issued to the parties free of cost. File be consigned to records.

                Pronounced.

                February 2, 2017.

                                                (Sukhpal Singh Gill)

                                                     President

                               

 

                                       

                                                    (Sarita Garg)

                                                       Member

 

 

 

                                                (Vinod Kumar Gulati)

                                                        Member