In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.   180 / 2007.

1)                   Sri Subhas Ranjan Gorai,

51/2A, Monsatala Lane, Kolkata-700023.                                                 ---------- Complainant

---Versus---

1)                   The Branch Manager, Punjab National Bank,

Khidderpore Branch, 73/A, D.H. Road, Kolkata-23.

2)                   Sri Bhabesh Mitra, Manager, Punjab National Bank (Back Office),

18, N.S. Road, Kolkata-700001.

3)                   General Manager, P.N.B., Eastern Zone,

AZO APPJAY House, 4ht Floor, 15, Park Street, Kol-16.

4)                   Vigilance Office, P.N.B., Eastern Zone,

AZO APPJAY House, 4ht Floor, 15, Park Street, Kol-16.

5)                   Borough Youth Officer, Borough-IX, Govt. of West Bengal,

Sports & Youth Services Department,

11, Belvedere Road, P.S. Alipore, Kolkata-700027.

6)                   Secretary, State Transport Authority, Govt. of W.B.,

Writers’ Buildings, P.S. Hare Street, Kolkata*-700001.                             ---------- Opposite Parties

Present :           Sri Sankar Nath Das, President.

                        Dr. A. B. Chakraborty, Member

Order No.   4 3    Dated  0 9 / 0 1 / 2 0 1 2 .

The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by Sri Subhas Ranjan Gorai against the o.ps. PNB and others for his harassment in taking loan from o.p. no.1. Sometimes in 2002 complainant intended to take loan for purchasing a taxi under the scheme Bangla Swanirvar Karmasansthan Prakalpa (Atmamarjada). On 11.2.02 complainant submitted application with project report to the o.p. nos.2 and 3. Transport authority permitted the complainant an offer letter for contract carriage of a luxury taxi permit. He pledge KVP of Rs.21,500/-, LIC policy of Rs.20,000/- and FDR of Rs.60,000/-. And o.ps. hypothecated the said documents duly submitted by the complainant but loan was not sanctioned. As per condition of the aforesaid scheme government subsidy of 20% of the total sanctioned sum was extended in favour of the complainant. O.p. bank did not sanction loan despite profuse endeavour of the complainant and in the process 8 years h as already been elapsed and the complainant is in a mess. And he was denied of having the benefit of the scheme for unemployed youth of the Govt. of West Bengal. Complainant admitted that he received FDR Rs.60,000/-, LIC policy of Rs.20,000/- as well as KVP of Rs.21,5000/-, but KVP of Rs.21,5000/- has been kept pledged with the o.p. bank and has prayed for discharge for such pledge of KVP.

            O.ps. had entered into the appearance in this case denying all the allegations and submitted that no loan application was at all filed to them.

Decision with reasons:

            From the records and especially from the documents we find that o.p. nos.1 and 2 reassigned on 23.12.02 the LIC policy certificate bearing no.414578009 dt.28.9.04. It has been admitted by complainant himself that he received back FDR of Rs.60,000/-. The very piece of paper reassigning documents referred to above takes care of the care of the complainant and it is very much apparent from the record that the o.p. bank did not sanction loan in favour of the complainant for the reasons best known to them despite the letter sanctioning 20% subsidy scheduled to be afforded by Govt. of West Bengal Sports and Youth Services Deptt. vide their letter no.503 dt.21.1.03 and it is a clear case of deficiency on the part of the o.p. bank despite submission of clearance of Transport Deptt.

            So, in view of the findings above and on perusal of the entire materials on record we are of the view that it is for the deficiency of the o.p. bank, complainant did not avail of the aforesaid scheme for his livelihood and suffered a lot in the form of harassment, mental agony, etc. and this stage of his life he cannot stand on his own leg for his livelihood and as a result of which the project of the government has been frustrated in his entirety to its citizen and o.p. bank cannot shirk off his responsibility for such lapse. Complainant in the course of argument has submitted before this Forum that at this stage after lapse of almost 8 years he is not in a position to avail of loan for purchase of vehicle by running the same towards his livelihood with his ill health. 

            Accordingly we are of the view that o.p. bank had sufficient deficiencies and negligences  in the matter towards its consumer / complainant and complainant is entitled to relief as prayed for.

            Hence, ordered,

            The petition of complaint is allowed on contest against all the o.ps. with cost to o.p. nos.1 to 3. O.p. nos.1 to 3 are jointly and severally directed to discharge the KVP of Rs.21,500/- (Rupees twenty one thousand five hundred) only which was pledged before the o.p. bank and are further directed to pay interest @ 9% p.a. from the date of maturity of the KVP amount till the date of discharge and / or pledge. O.p. nos.1 to 3 are jointly and severally directed to pay a sum of Rs.1,25,000/- (Rupees one lakh twenty five thousand) only towards compensation for harassment and mental agony towards the complainant for the last 8 years and litigation cost of Rs.30,000/- (Rupees thirty thousand) only. O.p. nos.1 to 3 are jointly and severally directed to comply with the said order within 45 days from the date of communication of this order, i.d. further interest @ 9% p.a. shall carry over the total sum due to the credit of the complainant till the date of realization.

            Supply certified copy of this order to the parties.

   _____Sd-_____                                                    _____Sd-_______

     MEMBER                                                           PRESIDENT