Karnataka

Kolar

CC/91/2018

Sri.N.Srinivasa Reddy - Complainant(s)

Versus

The Bank Manager, SBI - Opp.Party(s)

Sri.Nagaraja.R & M.Srinivasa

17 May 2019

ORDER

Date of Filing: 24.11.2018

Date of Order: 17.05.2019

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.

 

Dated: 17^TH DAY OF MAY 2019

PRESENT

SRI. K.N. LAKSHMINARAYANA, B.Sc., LLB., PRESIDENT

SMT. A.C. LALITHA, BAL, LLB.,  ……  LADY MEMBER

 

CONSUMER COMPLAINT NO. 91 OF 2018

N. Srinivasa Reddy,

S/o. Late N.V. Narayana Swamy,

Aged About 38 Years,

Driver cum Conductor (BMTC)

R/at: Nangali Village,

Byrakur Hobli,

Mulbagal Taluk.                                                    ….  COMPLAINANT.

(Rep. by Sri. Nagaraja.R, Advocate)

 

- V/s –

The Bank Manager,

State Bank of India,

Nangali Branch, Nangali,

Mulbagal Taluk,

Kolar District.

(Rep. by Sri. V.Sreedhara Murthy &

Sri.B.S. Sathyanarayana, Advocate)                                 …. OPPOSITE PARTY.

ORDER

BY SRI. K.N. LAKSHMINARAYANA, PRESIDENT

01.   The complainant has filed this complaint against the opposite party and prays to direct the OP to pay Rs.2,00,000/- towards deficiency of service, mental agony, financial loss, damage of reputation of the complainant, legal notice charges along with interest @ 18% p.a from the date of complaint and such other reliefs as the Forum deems fit in the interest of justice.

02.   The brief facts of the complainant case is that, the complainant is the account holder of OP-Bank bearing S.B. Account No. 64131567190 since from 2013 and he is making transactions with the OP-Bank.  The complainant is a Driver-cum-Conductor in B.M.T.C., Bangalore, and he is depositing the amount and drawing amount from his S.B. Account and he has not made any other transactions with the OP-Bank. 

02(a).       The complainant approached the Syndicate Bank, Shanthinagara Branch, Bangalore, during the month of October-2017 for availing personal loan for his legal and family necessities, to an extent of Rs.15,00,000/-, and he has also produced all the relevant documents before the Bank.  On perusal of the documents, the Bank authorities stated that, he is a Defaulter in S.B.M (S.B.I), Nangali Branch, Mulbagal Taluk, and directed him to produce N.O.C in respect of his account from the OP-Bank.  The complainant approached the OP-Bank for N.O.C with respect of his account, the OP-Bank has refused the same stating that, he had availed loan from the OP-Bank for agricultural purpose bearing agricultural loan No.3697499950 amounting to Rs.40,482-90 paise, but he astonished after noticing the same, as he has not borrowed any kind of loan from the OP-Bank.  Thereafter the complainant made several oral and written requisitions to the OP-Bank to issue N.O.C as sought by him and the OP-Bank has not issued the N.O.C.  Thereafter the complainant issued legal notice to the OP-Bank on 11.09.2018 and the same was duly served on the OP-Bank on 14.09.2018 and again he issued another legal notice dated: 20.10.2018 and the same was also served to the OP-Bank on 23.10.2018, but the OP-Bank has not replied nor complied the said notices.  The complainant approached the Forum and prays to allow the complaint.

02(b).       The complainant has submitted following 07 documents along with the complaint:-

1. Original Bank pass-book of complainant - Annexure-1
2. Bank letter dt: 30.04.2018 -Annexure-2
3. Requisition letter acknowledgement dt:02.11.2017 – Annexure-3
4. Requisition letter acknowledgement dt:28.11.2017-Annexure-4
5. RTI acknowledgment dt: 13.07.2018 – Anneuxre-5
6. First Legal notice & Ack – Annexure-6
7. Second legal notice & Ack – Annexure-7

 

03.   In response to the notice, OP appeared through his counsel and filed version contending that, the complaint is not maintainable either on law or on facts and the same is deserves to be dismissed as not maintainable.  The OP has admitted that the complainant is the account holder of the OP branch and denied the averments made in Para-3 and 4 as no knowledge and put the complainant to prove the same.  The OP refused to issue NOC and advised the complainant that, the OP will try to trace the same and after merging of State Bank Of Mysore with State bank of India, due to technical problems they could not trace the same and they will trace the same for which the complainant is not co-operating.  The OP has also denied the averments made in Para-7 as false and incorrect and there is no deficiency of service on the part of the OP-Bank.  The OP has not at all aware about the refusal of the loan by the Syndicate Bank and the complainant is put to strict proof of the same.  The OP has issued No Due Certificate to the complainant and the copy of which is enclosed for kind consideration of this Hon’ble forum.  The complainant even after issuing of No Due Certificate he is continuing the proceedings before this Hon’ble Forum which clearly shows the conduct of the complainant by taking undue advantage with an intention to enrich himself and prays to dismiss the complaint with exemplary costs.

04.   The complainant and the Branch Manager of OP filed their affidavit evidence by way of examination-in-chief.

05.   The complainant has filed written arguments.  Heard arguments of counsel for OP-Bank.  On 20.02.2019 the counsel for OP has filed copy of No Due Certificate dated: 14.12.2018 for consideration of the same.

06.   Heard arguments for the counsel for the complainant.

07.   Now the points that do arise for our consideration are that:-

(1) Whether the complainant has made out deficiency of service on the part of OP?

 

(2) Whether the complainant is entitled for the reliefs as prayed in the complaint?

 

(3) What order?

 

08.   Our findings on the above stated points are:-

POINT (1):-      In the Affirmative

       

POINT (2):-      Partly in the Affirmative

 

POINT (3):-      As per the final order

for the following:-

REASONS

09.   POINTS (1) & (2):-

These points are taken up together for discussion to avoid repetition of facts and reasonings.  We have perused the complaint, version, affidavit evidence and documents produced by the complainant and the OP.  The complainant has filed this complaint against the OP and prays to direct the OP to pay Rs.2,00,000/- towards deficiency of service, mental agony, financial loss, damage of reputation of the complainant, legal notice charges along with interest @ 18% p.a from the date of complaint and such other reliefs as the Forum deems fit in the interest of justice.

10.   It is an admitted fact that, the complainant is having an S.B. account bearing No.64131567190 with the OP-Bank and he has produced Bank pass-book to that effect as per Annexure-1.  The complainant approached the Syndicate Bank, Shanthinagara Branch, Bangalore, in the month of October-2017 for availing personal loan for his legal and family necessities to an extent of Rs.15,00,000/- by producing the document and after verification of the said documents the Syndicate Bank authorities stated that, the complainant is a defaulter in S.B.M. (S.B.I), Nangali Branch, Mulbagal Taluk, and directed the complainant to produce NOC in respect of his account from the OP-Bank.  Thereafter the complainant approached the OP-Bank seeking N.O.C., but the OP-Bank has refused to issue N.O.C stating that, the complainant has availed the loan from the OP-Bank for agricultural purpose bearing agricultural loan No.3697499950 amounting to Rs.40,482-90 paise, but the complainant has astonished about outstanding loan in the OP-Bank even though he has not borrowed any kind of loan from the OP-Bank.  The complainant was made several oral and written requests to the OP-Bank to verify the loan documents and to issue N.O.C as sought by him, but the authorities of the OP-Bank has failed to issue N.O.C.  Thereafter the complainant has issued legal notice on 11.09.2018 and 20.10.2018 to the OP-Bank and the said notices were served on the OP-Bank, but OP did not give any reply nor complied the said notice and to that effect the complainant has produced the documents as per the list dated: 24.11.2018 i.e., Original Bank pass-book of complainant - Annexure-1, letter of the Bank dated: 30.04.2018 -Annexure-2, Two Requisition letters with  acknowledgement dated: 02.11.2017 and 28.11.2017 as per Annexure-3 & 4 respectively, the complainant application dated: 12.07.2018 with postal order/counterfoil as per Anneuxre-5, Two Legal notices dated: 11.09.2018 and 12.10.2018 as per Annexure-6 & 7 respectively, track consignment with postal receipt as per Annexure-8, postal receipt and acknowledgement as per Annexure-9.  On perusal of Annexure-3 & 4 it reveals that, the complainant addressed letters to the OP-Bank as per Annexure-3 dated: 02.11.2017 for issue of NOC and in the letter i.e., Annexure-4 dated: 28.11.2017 wherein it reveals that, the complainant has no any land in his name and he has not availed any agricultural loan and prays to rectify the same and in spite of that the Bank has stated about agriculture loan in the name of the complainant and denied to issue NOC to the complainant.    

11.   On perusal of Annexure-2 letter of the OP-Bank dated: 30.04.2018 it reveals that, “Mr. Srinivasa Reddy N is having savings bank account with us bearing No.64131567190 and in his CIF one AUCA account is also there bearing No.36974799950 of amount Rs.40482.90.  However the party is disputing that he has not availed any kind of credit with the bank.  We have already tried to trace out the parent document but could not trace the same.” And so also reveals that, the complainant approached Syndicate Bank for availing personal loan.  The said document clearly discloses that, the OP-Bank has denied to issue NOC to the complainant alleging about the agriculture loan.  On perusal of Annexure-6 & 7 i.e., legal notice issued by the complainant against OP-Bank, the OP-Bank declined to issue NOC to the complainant though the said legal notices and applications dated: 02.11.2017 and 28.11.2017 given by the complainant were received by the Bank.  The Bank did not issue NOC in favour of the complainant and it reveals about the negligence and deficiency in service on the part of the OP-Bank.

12.   On perusal of the document produced by OP-Bank it reveals that, the OP has issued “No Due Certificate” dated: 14.12.2018 in favour of the complainant though the complainant has approached the OP-Bank to issue N.O.C. as per Annexure-2 & 3 dated: 02.11.2017 and 28.11.2017 and they denied to issue N.O.C at the earliest point of time so as to enable the complainant to avail loan from the Syndicate Bank at the earliest and the Bank has given the NOC only on 14.12.2018 and committed negligence and deficiency of service.  Hence the complainant is entitle for compensation for the delay in issuing the N.O.C. and for causing inconvenience and mental agony to the complainant.  Hence as discussed above, we answer point No.1 is in the affirmative and Point No.2 is in partly affirmative.

13.   POINT (3):-

In view of our findings on Point Nos.1 & 2 and the discussion made thereon, we proceed to pass the following:-

ORDER

01.   The complaint filed by the complainant is partly allowed.

02.   The complainant is entitled for compensation of Rs.6,000/- and litigation expenses of Rs.2,000/- from the OP-Bank.  The OP-Bank is directed to pay the above said amounts within 30 days failing which, the said amount shall carry interest @ 6% per annum from the date of filing of the complaint till realization.

03.   Send a copy of this order to both parties free of cost.

 

(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us on this 17^th DAY OF MAY 2019)

 

 

 

 

   LADY MEMBER                            PRESIDENT