Debit for an amount of Rs. 1,73,837/- (One lakh seventy three thousand eight hundred thirty seven) only  for the outstanding dues of the loan  of the complainant made by the OP has led the complainant to lodge this complaint with this Forum u/s 12 of the CP Act, 1986.

The complaint may be epitomised as follows:

            The complainant is a retired primary school teacher & had taken a loan amounting rupees 4.00000/- (Four lakh) from  the OP bank  under BGSY scheme. The Loan was sanctioned on 3.5.2011 in compliance with the prayer for loan dated 30.4.2011.  According to the sanction letter dated 3.5.2011 the complainant has to repay the loan in 60 (Sixty) equal installments @ Rs 8,800/- (Eight thousand Eight hundred) per month and the interest rate being 11.5% flat. The installment payment will start from June’ 11 and it is also stated there that default or delay in paying the stipulated monthly installment will bear 2% penal interest over the stipulated rate. The complainant has claimed that he has paid all the 60 (Sixty) installment in time and it is averred that the OP Bank has illegally debited  Rs. 1,73,837/- (One lakh Seventy Three thousand Eight hundred Thirty seven) from his fixed deposit account.

             The OP Bank in his written version with documents stated that the complainant has taken the said amount of loan according to the terms of condition of the sanction order. From the very first date the complainant has made a departure from the condition of repayment as he has paid the first installment towards repayment of loan on 1.8.2011 instead of the stipulated date 1.6.2011. The complainant has repaid loan @ Rs. 8,800 for 51 installments and @ Rs 8,400/- for 1 installment between 1.8.2011 and 7.10.2016. According to account ledger report (kept in file as document) the complainant has paid last installment Rs. 8,800 on 7.10.2016 and on the very date the due amount Rs. 1,53.731/- was shown in his account. The salary deduction for the loan account from the salary of the complaint with effect from November 2016 from the complainant’s account cannot be made by the OP as the complainant being a retired person neither the salary nor his pension had been credited to his account No. 5042010004449 with the OP Bank.

             On argument the learned lawyer for the complainant has argued that the complainant has paid all the installments in time and so no dues lie with. He argued more that the has illegally debited  amounting Rs. 1,73.837/- without any prior information and in this context he has cited the judgment order of NCDRC: [2018] CJ 10 (N.C) and [2018] CJ 13 (N.C.).

             The learned lawyer for the OP in his written argument with document has stated that he had maintained his S.B a/c pass book and loan account book bearing No. 5142010004449 and 5142300000039 respectively. Though  the complainant  has been provided the said loan account No. but w.e.f 14.5.2011 computerized core banking system  being in operation the said loan account No. had been converted  into the  savings bank account No. 542010004449 in which  his salary was credited  and EMI @ Rs 8,800/-  had been started  to be deducted  from the said savings cum salary account with effect from 1.8.2011. It was to the best of knowledge of the complainant that the dues  for the loan amounting Rs 1,53,731/- had been lying  on 7.10.2016 on which date the complainant has paid his 52^nd  installment @ Rs. 8,800/-. But due to paucity of funds in the said account the OP bank could not deduct the installments. Moreover after the first installment paid on 1.8.2011 the next installment had been deducted on 1.6.2012 in compliance with the request of the loanee due to his medical treatment for serious illness. Though the request  was made verbally but the authority of the OP Bank  on humanitarian ground  of a honorable teacher had complied with the request  on good faith that he would repay the whole amount of loan observing  the terms and condition  of the sanction letter. He had raised the question if to show pity to a distressed who is a valued customer of the bank is an offence.

POINT FOR DISCUSSION

1. Whether there is any deficiency on the part of the OP Bank
2. Whether the complainant is eligible to get redressal as sought for in the complaint

DECISION  WITH  REASONS

             From the discussion above it is revealed that the complainant has not repaid the whole amount in due time and he has dues regarding the loan with the Bank. It was to the best of knowledge of the complainant that a due amount of Rs. 1,53,731/- is lying  with effect  from 7.10.2016.  It is not documented that the complainant had raised any objection about the said dues in 2016 but this complaint has been lodged about 3 months later when the OP Bank has debited Rs 1,73,837/- on 02.11.2017 . Moreover it is also found that the complainant had withdrawn Rs. 3 lakh 26 thousand from his savings bank account on 07.10.2016 and made a termdeposit of the same amount with this Bank.  The citation of the Ld. Lawyer of the OP do not conform to the instant case.

Hence,

                                                O R D E R E D

The instant case has been disposed of and dismissed without costs on the question of deficiency by the complainant.