West Bengal

Paschim Midnapore

CC/117/2013

Alok Kumar Ghosh - Complainant(s)

Versus

The Branch Manager, State Bank of India - Opp.Party(s)

25 Feb 2014

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

 Complaint case No.117/2013                                                         Date of disposal: 25/02/2014                               

 BEFORE : THE HON’BLE PRESIDENT :  Mr. Sujit Kumar Das.

                                                      MEMBER :  Mrs. Debi Sengupta.

                                                      MEMBER :  xxxxxxxxxxxxx

    For the Complainant/Petitioner/Plaintiff : Mr. D. Mukherjee, Advocate.

    For the Defendant/O.P.S.                           : Mrs. S. Ghosh (Roy), Advocate.

          

                 Alok Kumar Ghosh, S/o-Late Upendra Nath Ghosh at Pingboni, P.O.-Pingboni, P.S.-  

                 Goaltore, Dist-Paschim Medinipur………………………………Complainant.

                                                              Vs.

      The Branch Manager, State Bank of India, Vill & P.O.-Ramgarh, P.S.-Lalgarh, Dist-

      Paschim Medinipur……………………………Op.

The case of the complainant Sri Alok kumar Ghosh, in short, it that a sum of Rs.4,70,000/- (Four lakhs seventy thousand) only was availed of as a loan sanctioned by the Op-S.B.I. and in question of its full repayment, a compromise  settlement was held. In accordance therewith the entire amount as suggested has been paid.  It is alleged that an excess amount of Rs.37,107/- (Thirty seven thousand one hundred seven) only has forcibly been collected by the OP without signature but with original seal dated 03/01/2013.  On quiry no satisfactory explanation has been given by the Op-Bank.  Stating the allegation the complainant moves before the Forum with the prayer for getting refund of sum Rs.37,107/- (Thirty seven thousand one hundred seven) only with litigation cost.

 Op-S.B.I. contested the case by filing written objection denying the allegation of forcible collection of sum of  Rs.37,107/- (Thirty seven thousand one hundred seven) only.  But it is admitted that upon a compromise order from the appropriate authority a payment schedule was formulated. But the complainant even so failed to comply the scheduled date for payment and as a result, a sum of Rs.37,107/- (Thirty seven thousand one hundred seven) only was collected from the complainant on account of interest for such delay repayment of the agreed loan amount.  So, there is no cause of action for filing this petition of complaint against the Op-Bank.

     Contd……………….P/2             

 

                                                                                                       - ( 2 ) -

                        Upon the case of both parties the following issues are framed.

Issues:

1. Whether the case is maintainable for want of cause of action?
2. If the complainant is entitled to get refund of money as prayed for?
3.  What other relief the complainant is entitled to ?

 

Decision with reasons

Issue Nos.1 &2

                   All the issues are taken up together for discussion, Ld. Advocate for the complainant made his argument that the complainant made repayment of his entire loan including interest but even so the Op forcibly managed to receipt Rs.37,107/- (Thirty seven thousand one hundred seven) only and granted formal receipt without any form but mere a stamp.  This is totally illegal collection of money which should be refunded in favour of the complainant.

                  Ld. Advocate for the Op-Bank made his specific reply that admittedly the complainant failed to make repayment of entire loan even upon his compromise proposal duly accepted by the Op-Bank with necessary sanction by the appropriate authority for mutating the date of payment of sums in different amount phase by phase towards the total repayment.  But unfortunately, the complainant could not maintain the payment schedule but in place of that he paid on different dates and irrespective of amounts according to his whim which resulted to have created further interest amounting to Rs.37,107/- (Thirty seven thousand one hundred seven) only.  In order to support the argument of Ld. Advocate based on the case of Op, a bunch of document in Xerox copies is produced before us pointing out the lapse of payment as per schedule suggested in the compromise proposal.  So, the payment of Rs.37,107/- (Thirty seven thousand one hundred seven) only has been made by the complainant on account of interest accrued of let payment.  Thus, the petition of complaint, according to the Ld. Advocate for the Op, is merited for rejection. 

                     Upon careful consideration of both parties along with their respective documents in Xerox copies it appears that the complainant agreed upon for repayment of the loan taken by him in terms of the compromise proposal and accordingly made the repayment on different dates by means of different amount not in congruity with the schedule date and schedule amount of payment. As an effective result such further interest amounting to Rs.37,107/- (Thirty seven thousand one hundred seven) only was accumulated against the complainant.  Thus, we do not fund any bona fide reason for holding that the complaint has paid over payment of Rs.37,107/- which does not encourage us to pass any order of refund of the payment as prayed for.

  Contd……………….P/3            

 

                                                                                                      - ( 3 ) -

                         In view of the discussion made hereinabove, the issues are held not in favour of the complainant.  As a result, the petition of complaint fails.                   

            Hence,

                        Ordered,

                                       that the case be and the same is dismissed on contest  without cost.

Dic. & Corrected by me

              

         President                                          Member                                          President

                                                                                                                     District Forum

                                                                                                                Paschim Medinipur.