Ld Advocate for the complainant is present. Judgement is ready and pronounced in open Commission in 4 pages 2 separate sheet of paper.
BY - SRI ASISH DEB, PRESIDENT
Brief facts of the complainant’s case is that the complainant is a permanent resident of the above noted address and a Citizen of India by birth. The father of the Complainant, namely Anil Deb Adhikari (Since deceased) availed a loan vide A/C No. 001012910117, Customer ID. 154013766 from the OP bank for fishery. The Certain amount was fallen due on the part of the borrower due to his extreme financial crisis and therefore the OP bank caused a demand of Rs. 2407155/- from him as outstanding. However, though the father of the Complainant had passed away at that time, but the Complainant preferred for an amicable settlement of the claim and therefore on 20.08.2029, an One Time Settlement of claim agreement was achieved between the Complainant and the OP Bank agreed to receive and the Complainant agreed to pay a sum of Rs. 3,00,000/- in five installments towards the full and final settlement of their claim against the said loan. Initially the complainant almost regularly paid the installments as settled between them, but thereafter the Global Pandemic Covid-19 spread throughout country and nationwide Lockdown was announced, for which there he became slight irregular in paying the last installment. However, within 30.09.2020, as per the advice of Op Bank the Complainant paid the whole amount of Rs. 3,00,000/- as settled, and not only that, as per their advice he paid an extra amount of Rs. 8,000/- as penalty/fine for late payment due to the Pandemic Covid-19 effect. Thereafter, the complainant has repeatedly asked and requested the OP Bank to issue the no dues certificate/ Loan clearance certificate in his name and also to refund the Securities (if any) but they paid no heed. Since then, till date the complainant has neither been given the NOC nor the security deposit documents despite repeated requests and demands, rather they are verbally asking more money through their collection agents/ musclemen/henchmen/hooligans. The Complainant even caused a Legal Notice to the OP through his Ld. Advocate but without any fruitful results. It is humbly submitted that banking is a business which depends upon the trust, faith and belief of common people but the activities of the O.P. bank including physical cruelty and verbal abuse beside non supply of NOC and security documents are fully against those fairpolicy of business, and not only that, it breaches several provisions of law of the land and results in gross deficiency in rendering service. The Complainant being a bona fide consumer under the OP, has been forced to suffer a severe loss, harassment, illegality, threat and mental pain due to gross negligence and severe deficiency in rendering service by the OP. The whole act done by Opposite Party’s end is not only illegal and against the settled principles of law, but also tantamount to sheer deficiency in rendering service and negligence causing serious mental agony and economical loss to the Complainant. The finding no other alternatives the Complainant is hereby filing this case before the Ld. Commission, praying for the following reliefs. The Complainant deposited the last installment along with the penalty/fine of Rs. 8,000/- and as till date he has not been given the NOC and documents despite of repeated demands he caused a notice on 20.02.2023 and continues till hence the cause of action. All the relevant papers and documents have been filed in photo copies.The other legal heirs of the deceased loanee Anjali Rani Deb Adhikari ,Nandan Deb Adhikariand Nandita Deb Adhikari have filed Notarised Special Power Of Attorney authorizing the complainant to conduct this case on their behalf too. Therefore, the complainant has prayed for directing the Opposite Party: To provide the No objection certificate/ no due certificate and the Deeds deposited for Security against the loan vide A/C No. 001012910117, Customer ID. 154013766 to the Complainant as per One Time Settlement with immediate effect. To pay a compensation of Rs. 100,000/- to the Complainant by O.P. for negligence and deficiency in service, business loss and illegal treatment at the bank premises to pay litigation cost of Rs. 30,000/- to the Complainant for conducting this case to pass such other orders of relief as the Commission may deem fit and proper.
Notice of the case was duly served upon the op, initially the op entered appearance in this case but it has not filed any written version against the complaint. However, the O.P has preferred to see that the case is decided ex-parte against it.
Points for determination are:
1. Is the case maintainable in its present form and in law?
2. Is the Complainant entitled to the relief(s) as sought for?
Decision with reasons
Both the points, being inter related to each other, are taken up together for discussion for sake of brevity and convenience.
We have carefully perused and assessed the complaint on affidavit, evidence of the complainant, and documents viz money receipts, special power of attorney ,warison/ succession certificate issued by the local GP- Pradhan and the letter dated 20.08.2019 issued by the op to the complainant on record.
We have given thoughtful consideration of the ex-parte argument of Ld Advocate for complainant.
Having regards had to the facts and circumstances of the case in the light of evidence, it is evident that there is no dispute that complainant is a consumer having grievances against the OPs, as such the case is maintainable in its present form and in law.
The complainant has adduced unchallenged evidence to the effect that the father of the Complainant, namely Anil Deb Adhikari (Since deceased) availed a loan vide A/C No. 001012910117, Customer ID. 154013766 from the OP bank for fishery. The Certain amount was fallen due on the part of the borrower due to his extreme financial crisis and therefore the OP bank caused a demand of Rs. 2407155/- from him as outstanding. However, though the father of the Complainant had passed away at that time, but the Complainant preferred for an amicable settlement of the claim and therefore on 20.08.2029, an One Time Settlement of claim agreement was achieved between the Complainant and the OP Bank agreed to receive and the Complainant agreed to pay a sum of Rs. 3,00,000/- in five installments towards the full and final settlement of their claim against the said loan. Initially the complainant almost regularly paid the installments as settled between them, but thereafter the Global Pandemic Covid-19 spread throughout country and nationwide Lockdown was announced, for which there he became slight irregular in paying the last installment. However, within 30.09.2020, as per the advice of Op Bank the Complainant paid the whole amount of Rs. 3,00,000/- as settled, and not only that, as per their advice he paid an extra amount of Rs. 8,000/- as penalty/fine for late payment due to the Pandemic Covid-19 effect. Thereafter, the complainant has repeatedly asked and requested the OP Bank to issue the no dues certificate/ Loan clearance certificate in his name and also to refund the Securities (if any) but they paid no heed. Since then, till date the complainant has neither been given the NOC nor the security deposit documents despite repeated requests and demands, rather they are verbally asking more money through their collection agents/ musclemen/henchmen/hooligans. So from the above unchallenged evidence, it appears that the op has set instance of deficiency of service by not issuing the no dues certificate/ Loan clearance certificate in his name and also by no retuning the Securities/documents. As such, the complainant hasbecome successful to bring home the elements of deficiency of service and unfair Trade practice against the op. The complainant is entitled to get relief in this case against the op.
Thus, the compliant case succeeds.
Both the points are decided accordingly.
Hence, it is
O R D E R E D
That CC/19 of 2023 be and the same is allowed ex parte against the OP.
The Opposite Party is hereby directed to issue the No Objection Certificate/ No Due Certificate and to return the Deed (s) kept deposited for Security against the loan vide A/C No. 001012910117, Customer ID. 154013766 to the complainant within one month from the date of this order ; in default the op will pay Rs.200/- per day till compliance of the order.
The Complainant would be at liberty to put the order into execution as per law.
Let a copy of the judgment be supplied to the complainant free of cost.
