Date of Filing:-08/04/2015
Order No. -22 Dt.-18/04/2016
Shri Asoke Kumar Das,President
F I N A L O R D E R
Complainant’s case in short is that he took house building loan from the O.P. Indian Overseas Bank Jalpaiguri branch and holding house loan account no.350400014 in the said branch. From his loan statement he found that Rs.41,545/- has been arbitrarily debited by the bank from his said loan account on 31/03/2014. He visited the bank and on his query the bank officials informed him that it was an adjustment of short fall interest of nine years arose out of fault of systems. He further found that the bank has wrongfully charged excess interest violating the guideline of RBI. The complainant informed all these matter to O.P. on 20/10/2014. On 22/12/2014 the O.P. Bank requested him by letter to accept Rs.12,686/- and to withdraw the complaint. The complainant lodged complaint with the Assistant Director, CA and FBP, Jalpaiguri and then O.P. bank by letter had intimated the Assistant Director, CA and FBP, Jalpaiguri that they have refunded Rs.20,812.13/- to complaint in 2 installments of Rs.12,686/- on 31/12/2014 and Rs.8126.13/- on 06/02/2015. The complaint has prayed for return of the balance shortfall interest amounting to Rs.20,641.87/- from O.P. bank , compensation, litigation cost etc.
O.Ps. 1 and 2 i.e. O.P. Overseas bank have resisted this case by filing a Written Version denying and disputing the claims and contentions of the complainant with prayer for dismissal of the case with cost.
Their specific stand is that in the interest was calculated as per guideline of RBI and that in the worksheet as provided from 13/02/2012 to 31/03/2012, the rate of interest was appeared as 11.27% instead of 10.75% and that the I.O.B. Jalpaiguri Branch has calculated the excess interest and refunded Rs.12,686/- with approval of the Regional Office and it was credited to the loan account of the complainant on 31/12/2012 and a further communication was received from the Regional Office, Siliguri that after a fresh calculation, Rs.8126/- is to be refunded. So a total amount of Rs.20,812/- was refunded to the complainant as per guideline of the bank, so there is no question of returning the amount as claimed by the complainant.
POINTS FOR CONSIDERATION
- Is the case maintainable?
- Is the complainant is a consumer?
- Is the O.P. Indian Overseas Bank guilty for Unfair Trade Practice as alleged?
- Is the complainant is entitled to get the reliefs as prayed for?
DECISION WITH REASONS
All points are taken up together for consideration and decision.
On due consideration of the materials on record, viz petition of complaint, Written Version, documents, written notes of argument and the oral arguments advanced by the Ld. Lawyers of both sides and the oral clarification submitted by the Asstt. Manager of the O.P. Bank we find that the complainant is a consumer and technically the case is well maintainable . Because this case has been filed within the statutory period of two years from the date of cause of action (31/03/2014) and this Forum has pecuniary and territorial jurisdiction to hear and to dispose of this case.
The main contention of the complainant is that the bank has illegally debited Rs.41,554/- from his loan account no.350400014 on 31/03/2014 but credited only Rs.20,812/- on several requests and on receiving legal notice from him the Bank has admitted this fact in his loan statement. Such act of the O.P. Bank is nothing but Unfair Trade Practice.
The O.P. Bank has denied such allegation of the complainant. Ld. Lawyer for the O.P. Bank submitted that interest was calculated as per terms of agreement and guideline of the Reserve Bank of India and that Rs.41454.12/- as shown in the account statement as excess dt.31/03/2014 was occurred due to fault of system of the Bank and for this the Bank has recalculated the interest twice as per guideline of RBI and terms of agreement and already credited Rs.12,686/-+ Rs.8,126.13/-= Rs.20,812.13/- in the loan account of the complainant which was found excess and refundable and the complainant has admitted that fact. We find much substance and force on the clarification of Bank Official and arguments advanced by the Ld. Lawyer of O.P. Bank on this point and find that the miscalculation of the interest occurred due to fault of the system of the bank which was subsequently rectified by O.P. Bank and accordingly the actual refundable amount was credited in the loan account of the complainant and that is clear from the loan statement submitted by both the parties. As such question of any further refund of interest to the complainant as claimed by him doesn’t and cannot arise at all. Accordingly we find sufficient reason to hold that the O.P. bank is not guilty for Unfair Trade Practice as alleged by the complainant and the complainant is not entitled to get any relief in this case.
All points are disposed of.
In the result the case/application fails.
Hence, it is
O R D E R E D
that the case/application is dismissed on contest but in the circumstances we make no order as to cost.
Let copy of this final order be supplied free of cost forthwith to the parties/ their Ld. Advocates/agents on record by hand under proper acknowledgment/sent by ordinary post, in terms of Rule 5(10) of West Bengal Consumer Protection Rules 1987.
