Date of filing : 01.09.2014
Date of S/R : 26.11.2014
Date of Order : 30.11.2015
Sri Ashoke Kumar Ghosh,
S/o- Lt. Sristidhar Ghosh,
Village Modhya Jhorehat (Purbopara),
P.O.- Jhorehat, P.S.-Sankrail,
District-Howrah-711302………………………………………….Complainant
Vs.
1) The Branch Manager,
Paschim Banga Gramin Bank,
Wadipur Branch, P.O. & Vill.- Wadipur,
P.S.-Domjur, District-Howrah-711411.
2) The Chairman,
Paschim Banga Gramin Bank,
Head office at ,
Natabar Pal Road, Chatterjee Para More,
Tikiapara, P.S.- Bantra,
District-Howrah-711101……………………………………………O.P.s
P R E S E N T
President : Shri B. D. Nanda.
Member Smt. J. Saha
Member Shri A. K. Pathak
This is an application U/s 12 of the Consumer Protection Act, filed by the Petitioner, Ashok Kumar Ghosh against the O.P.s, Paschim Banga Gramin Bank , Branch Manager and Chairman praying for a direction upon the O.P.s to deduct his monthly installment as Rs. 4020/- per month being only 84 EMIs and to produce the loan agreement in original and supply the same to the petitioner and to pay him compensation of Rs. 3 lakhs and Rs. 50,000/- as litigation cost.
The case of the petitioner is that he took a personal loan of Rs. 2,50,000/- on condition that he would pay the loan amount by 84 monthly installments of Rs. 4020/- per month. And since May ,2008 he started making payment of EMIs and made payment of 75 installments . On 01.10.2013 the O.P. Bank arbitrarily enhanced the EMI from Rs. 4020/- to Rs. 4550/- stating that he is still to pay Rs. 1,36,785/-. He was astonished that he had already paid 75 installments amounting to 3,10,000/- and how can them due of Rs.1,36,785/-. The O.P. Bank is guilty of unfair trade practice and there is deficiency in service on the part of the bank and so he filed the case.
The O.P. bank contested the case by filing a W/v denying the material allegation made against them and submitted that the petitioner has no cause of action and he suppressed many facts before the Forum. The further case of the O.P.s is that the petitioner took a loan of Rs. 2,00,000/- on 21.11.2007 with monthly installment of repayment being 4020/- and during the period of the said loan he applied for another credit facility of 2,50000/- under ‘Sikkshs SANNMAN’ Scheme on 19.04.2008 and by adjusting the previous loan wherein balance was Rs. 1,92,919/- and as per terms and condition of the loan the same was to be paid by 84 EMIs being Rs. 4550/-per installment. Due to mechanical error the O.P. bank debited Rs. 4020/- per month instead of Rs. 4550/- and he deliberately suppressed the facts before the Forum even though he signed in the loan application Form showing the monthly repayment Rs. 4550/- . The O.P. bank filed all the documents and the Government fund cannot be drained out due to such inadvertent accidental mechanical error of the bank.
On the above cases of the parties the following issues are frame :
- Is the case maintainable in the present form ?
- Whether the petitioner has any cause of action to file the case ?
- Whether any deficiency in service or unfair trade practice on the part Bank ?
- Whether the petitioner is entitled to the reliefs as prayed for ?
Decision with reason
All this issues are taken up together for the shake of convenience and brevity of discussion and to skip of reiteration . In support of his case the petitioner Ashok Kumar Ghosh filed affidavit as well as the documents like one letter written to the Brach Manager of the O.P. Bank and his Pass Book showing repayment of 75 installment of Rs. 4020/- per month but he has not stated before the Forum that he had one previous loan which was adjusted with the present loan of Rs. 2,50,000/- and in his loan application Form duly signed by him on 19.04.2008 it is clearly noticed that he was to make payment of installment of Rs. 4550/- as per terms of the agreement regarding repayment of loan . It is true that he made payment of Rs. 4020/- per month and thus on each installment he paid a less amount of Rs. 130/- per month. Thus he suppressed the very material facts of installment of loan amount stating that the Bank did not provide him the loan agreement. Thus he cannot force the bank to take a lesser amount of Rs. 130/- per month and also he is to pay the rest monthly installments. This Forum cannot make such an order which is illegal. In his loan application there is clear mention that the installment amount was 4550/- but he came before the Forum suppressing the same fact. Man may lie but the document never and here the document being his loan application proved the fact that he suppressed material facts for his own gain even if he is in novel profession of t e aching. This Forum finds no deficiency in service on the part of the Bank.
In view of above discussion and findings the case of the petitioner fails.
Hence,
Ordered,
That the CC Case No.482 of 2014 be dismissed on contest against the O.P.s without cost.
Supply the copy of the order to the parties free of cost.
Dictated and corrected by me
( B. D. Nanda)
President, C.D.R.F. Howrah
