The fact of the complaint case in a nutshell is that the complainant is a little educated and unemployed youth and without having any job wanted to start a hand embroidery and for the purpose of initial capital took a loan of Rs.80,000/- (Rupees eighty thousand) only and subsequently the aforesaid loan was enhanced with a limit of Rs.2,32,000/- (two lakhs thirty two thousand) only . Thereafter, for the need of the business, the complainant applied for further enhancement of the limit of the said loan and for systematic planning the complainant went to DIC for financial assistance . The complainant states the DIC approved such financial assistance by way of PMEGP scheme and the DIC forwarded the sai scheme to the oP Bank by way of loan under said scheme. That subsequently, the oP Bank on the basis of approval of he DIC sanctioned and disbursed a term Loan limit of Rs.1,50,000/-(Rupees one lac fifty thousand) only for the block capital and a C/C loan limit of Rs.8,18,000/- (Rupees eight lacs eighteen thousand) only for working capital. The general principle in PMEGP scheme is Govt. provides 30% of the loan amount as subsidy through DIC. The complainant states and alleges that in this scheme subsidy amount comes Rs.3,38,800/- (Rupees three lakhs thirty eight thousand eight hundred ) only . The complainant further states and alleges that according to the scheme IC sent a draft bearing no.277722 dated 6.4.2013 of Rs.3,38,800/- as the subsidy money in favour of the OP Bank in respect of the loan account but the name enumerated in the draft was Sk. Masu Ali in place of Sk.Maidul Ali. The complainant alleges that inspite of having knowledge about the aforesaid mistake the oP Bank did not take any initiative to rectify the mistake and hold the draft almost one year. Such carelessness and reluctant act on the OP Bank the subsidy amount has not been adjusted with the loan account. The complainant alleges and disputes that on the one hand the loan account of the complainant has been turned into NPA and on the
other hand the loan account has been charged on the whole amount which is beyond the terms and conditions of the PMEGP scheme for which the complainant sustained serious inconvenience and the aforesaid business of the complainant has been compelled to close the door of the business for want of capital. The complainant alleges that the complainant has suffered mentally and physically for deficiency of service and or gross negligence on the part of the Opposite party . Therefore, the complainant respectfully prayed before the Forum to direct the oP no.1 , SBI, Dhaniakhali branch, Hooghly to pay the complainant to the tune of Rs.10.00 lacs (Rupees ten lacs) by way of compensation for causing loss and injury and damage in monetary terms, mental tension and agony and suffering physically and mentally and any other relief or reliefs.
In view of the fact it is crystal clear the OP Bank did not provide service to the complainant and failed and neglected to follow the guidelines of the scheme under PMEGP and this Op no.1 SBI has taken full interest over the said account of the complainant without adjusting the subsidized amount sanctioned and disbursed by the Govt. under the PMEGP scheme which tantamount to sheer negligence in duty and deficiency in service from the part of the oP Bank.
So , it is a fit case to hold that the complainant has proved the allegation of deficiency of service against the oP.
Notice of this case was duly served upon the oP no.1. Op though files vokalatnama but prays for time to file Written version . Time was given to the Op no.1 as a last chance. O0p no.2 and Pro Op did not file Written version , Hence the case was taken up for exparte hearing.
In this connection to prove this case some documents have been filed by the complainant and the complainant te3ndering an affidavit in chief supported by an affidavit.
Documents filed –
- Xerox copy of Notices (Legal) dated 31.8.2016
- Xerox copy of Register receipt and A/d.
- Xerox copy of letter (S.B.I. ) dated 30.9.2016.
- Xerox copy of letter (DIC) Hooghly dated 23.9.2015.
- Xerox copy of letter (G.M. (DIC) dated 13.7.2015.
- Xerox copy of letter LDM, Hooghly dated 6.7.2015.
- Acknowledgement letter dated 29.1.2013.
- List of village worker under Maidul.
- Registration of business certificate.
Hence it is
Ordered
That the complainant’s case be and the same is allowed exparte. The complainant do get Rs.6,00,000/- (Rupees six lakhs) for deficiency of service payable by the oP no.1 to the complainant. OP no.1 is also directed to pay Rs.6000/- for compensation for harassment and mental pain and agony and litigation cost of Rs.4,000/- within 60 days from the date of this order .
The Op no.1 is directed to comply the above order within 45 (forty five ) days from the date of this order, i.d. Rs.100/- per day shall be deposited by the Op no.1 to the Consumer Welfare Fund till full settlement of the judgement.
Let a copy of this order be made over to the parties free of cost.
