Ld. Advocate(s)
For Complainant: Angshuman chaki
For OP/OPs : Debraj Das
Date of filing of the case :02.08.2021
Date of Disposal of the case :19.06.2023
Final Order / Judgment dtd.19.06.2023
Complainant above name filed this complaint u/s 35 of the Consumer Protection Act 2019 against the aforesaid Ops praying for direction to OP no. 1 to allow the complainant loan @ 100% limit, compensation amounting Rs. 4,50,000/-, cost of the case and other relief.
He alleged in the petition of complaint that he is a retired staff of SBI. After his retirement he invested 3,75,000/- in 4 TDRS account @ RS, 1,00,000/-, Rs,1,00,000/- , Rs. 1,00,000/- and 75,000/-. As a ex-employee of SBI he took the 100% loan over the aforesaid 4 STDR. He is getting pension relief relating to his retirement from SBI.
OP no. 1 all of a sudden in the month of September 20 was informed verbally to the complainant to pay deposit 10% amount in loan account which were taken relating to aforesaid 4 STDR.
Thereafter, complainant went before OP no.1 and submitted in writing that as an ex-employee he is entitled to get 100% amount of STDR as loan.
But OP no. 1 became furious and humiliated to the complainant and denied enhancement of the limit of 100%.
Complainant sent a legal notice to the OP no. 1-3 and narrated all the aforesaid fact and demanded to get facility of 100% limit.
Thereafter, OP no. 1 found that sum of Rs. 6,500/- has been deducted from his pension account. Hence, this case.
OP no. 1-3 contest this case by filing W/V. They denied the entire allegations of the complainant. They stated that as per RBI guide line all loans against the time deposit must be classified as NPA (SMA-3) as and when the outstanding and accrued interest on loan amount exceeds principal and interest accrued on time deposits in compliance with this regulation of RBI Bank clarified through its corporate centre by publication that vide no. (SBI E- CIRCULAR NO. R& DB/PBU/CD & e-com-PL/15/2020-21,DT-21.09.2020) 100% OD-TDR loan cannot be any more extended to anybody. They pray for dismissal of the case.
Trial
During trial complainant filed affidavit in chief. OP no. 1-3 filed questionnaire. Complainant gave answer.
OP no. 1-3 did not file any affidavit-in-chief.
Documents
Complainant filed following documents:-
- Arrangement letter dtd. 25.01.2019 in respect of loan in the account No. 38212326409.
- Copy of STDR vide no. 38212326409 amount of Rs. 1,00,000/-.
- Arrangement letter dtd. 04.02.2019 in respect of loan in the account No. 38230895349.
- Copy of STDR vide no. 38230895349.
- Arrangement letter dtd. 17.01.2019 in respect of loan in the account No. 38191549040.
- Copy of STDR vide no. 38191549040.
- Arrangement letter dtd. 19.02.2019 in respect of loan in the account No. 38268546816.
- Copy of STDR vide no. 38268546816.
OP filed following documents :-
- Master Circular dtd.02.07.2012.
- Net copy of E-circular dtd. 21.09.2020.
- Letter dtd. 19.11.2020 issued by SBI, Krishnagar Branch.
- Letter issued by SBI, Krishnagar Branch addressed to complainant dtd. Nil.
BNA
Complainant files BNA.
OP no. 1-3 filed BNA.
Decision with Reasons
We have carefully gone though the petition of complaint filed by the complainant, W/V filed by the OP no. 1-3, documents filed by the complainant, documents filed by the OP no. 1-3, affidavit-in-chief filed by the complainant, BNA filed by the complainant , BNA filed by the OP no. 1-3.
We have carefully considered these documents.
Admitted position is that complainant is an ex-employee of SBI. It is also admitted position that staff of SBI and retired staff of SBI are entitled to get amount of loan in respect of 100% amount of STDR.
During hearing Ld. Adv for the OP no. 1-3 argued that same was continued but that system discontinued as per E-circular dtd. 21.09.2020. OP no. 1-3 in there W/V clearly mentioned that as per E-Circular dtd. 21.09.2020 aforesaid system has discontinued.
We have carefully gone though the said E-circular which is net copy and said documents bears no signature of any person.
On perusal of the said documents we find that said E-Circular is applicable for general customer. There is not note in the said circular that same is also applicable for the employee of SBI or same is also applicable for retired employee of SBI.
Said circular has issued on 21.09.2020. There is no note in the said circular about the date of effect of the said circular.
There is not note over the said circular that the said circular will be applicable in respect of the previous loan which was issued before the said date of issue of said E-circular.
In absence of aforesaid provisions, we failed to understand as to why the OP no. 1-3 trying to apply the said circular in respect of the previous loans which were granted on 25.1.2019, 04.02.2019, 17,01,2019 and 19.02.2019.
OP no. 1-3 are silent as to why they deducted Rs. 6,500/- from the pension account of complainant. So, it is clear before us that no explanation is available before the OP no. 1-3 in respect of deduction of aforesaid amount from the pension account of the complainant.
We carefully scrutinized the record. We find that complainant is a consumer and OP no. 1-3 are the service provider.
Having regard to the aforesaid discussion it is clear before us that aforesaid E- circular dtd. 21.09.2020 cannot be used in respect of loan granted long ago before the said circular i.e on 25.01.2019 , 04.02.2019 , 17.01.2019 and 19.02.2019.
So complainant is permitted to enjoy the 100% loan from STDR and complainant is entitled to get refund of amount Rs. 6,500/- from OP no. 1-3 which they deducted from the pension account of the complainant.
In view of the aforesaid discussion it is clear before us that complainant has abled to establish his grievance before this Commission and he is entitled to relief.
In the result present case succeeds.
Hence,
It is
Ordered
that the present case be and the same is allowed on contest against the OP no. 1-3 with cost of Rs. 3,000/- to be paid by OP no. 1-3 in favour of the complainant. Complainant is permitted to enjoy the 100% amount of STDR as loan in respect of the sanctioned letter dtd. 25.01.2019, 04.02.2019, 17.01.2019 and 19.02.2019 issued by OP no. 1-3.
OP No.1-3 jointly or severally are directed to refund RS. 6,500/- in favour of the complainant within the 1 month from this date failing which aforesaid amount shall carry interest @ 9 % per annum from this date to till of actual payment and complainant shall have liberty to put this order into execution.
OP no. 1-3 jointly or severally are directed to give Rs. 5,000/- in favour of the complainant as compensation for his harassment , mental pain and agony within 1 month from this date failing which complainant shall have liberty to put this order into execution.
Let a copy of this order be supplied to both the parties as free of cost.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) .................................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I concur,
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MEMBER
(NIROD BARAN ROY CHOWDHURY)
