(1)
Govt. of West Bengal
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION –NADIA
170, DON BOSCO ROAD, AUSTIN MEMORIAL BUILDING
KRISHNAGAR, NADIA, PIN 741101, Telefax (03472) 257788
PRESENT : Shri dAMAN pROSAD BISWAS, PRESIDENT
: SMT MALLIKA SAMADDAR MEMBER
: SHRI NIROD BARAN ROY CHOWDHURY MEMBER
Case No. CC/31/2020
COMPLAINANT :1. Mrs. Mitali Dutta(Sarkar),
W/o. Dilip Sarkar,
247 Rabindranagar, Chakdaha,
P.O. Chakdaha, Dist. Nadia,
Pin No.741222.
V-E-R-S-U-S
OPPOSITE PARTIES / 1.The Branch Manager,
State Bank of India,
1,S.V. Sarani, P.O. Ranaghat,
P.S. Ranaghat, Dist. Nadia,
Pin-741201.
2.Regional Manager,
State Bank of India,
1st floor, 5B D.L. Roy Road,
P.O. Krishnagar, P.S. Kotwali,
Dist. Nadia, Pin-741101.
Ld. Advocate(s)
For Complainant: Raja Bhattacharya
For OP/OPs : Manas Kanjilal
Date of filing of the case :05.03.2020
Date of Disposal of the case :17.08.2023
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Final Order / Judgment dtd.17.08.2023
Complainant above named filed this case u/s 12/13 of the Consumer Protection Act, 1986 against the aforesaid opposite parties praying for direction to the OP to issue loan clearance certificate, compensation amounting to Rs.3,00,000/- refund of EMI which already deducted from the account of complainant, litigation cost of Rs.20,000/- and other reliefs.
He alleged that he took a house building loan from the OP NO.1 amounting to Rs.2,80,000/-. EMI was fixed at the rate of Rs.2642/- from the April, 2005 to March, 2020 that is for 15 years. After payment of 180 instalments . He found that there is a due of Rs.79,280/- but bank authority showed the amount of Rs.2,09,502/-as due. He tried to settle the matter with the OP No.1 but they refused .
OP NO.1 & 2 contesting the case by filing a W/V. They denied the entire allegations. They further stated that complainant applied for house building loan on the basis of Government G.O. No.90-FB dated 13.01.2005. It was housing loan scheme for the employees of the government of West Bengal. If any discrepancy occurs in the eye of petitioner, he should made the State Government of West Bengal as party of this complaint to resolve the matter.
Trial
During trial complainant filed affidavit in chief. OP No.1 & 2 filed questionnaire and complainant gave answer.
OP NO.1 & 2 did not file affidavit in chief.
Documents
Complainant produced the following documents viz :
- Government circular relating to housing loan scheme for the employees of Government of West Bengal dated 13.01.2005..........(Five sheets)......(Net copy)
- Arrangement letter housing finance issued by Branch Manager ............(Two sheets)..........(Original)
- Irrevocable letter of authority dated 07.04.2005.........(One sheet)......(Xerox)
- Declaration -.............(One sheet)...........(Original)
- Form of Certificate dated 21.02.2005............(One sheet)..........(Xerox)
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- Repayment Broad Sheet in respect of housing loan scheme dated 29.04.2005.................(One sheet)............(Xerox)
- Deposit slip with Broad sheet in respect of housing loan scheme dated 31.05.2005............(One sheet)...........(Xerox)
- Deposit Slip dated 31.06.2005.............(One sheet)..........(Xerox)
- Repayment Broad Sheet in respect of housing loan scheme dated 20.06.2005.................(One sheet)............(Xerox)
10)Deposit Slip dated 29.07.2005.............(One sheet)..........(Xerox)
11)Repayment Broad Sheet in respect of housing loan scheme dated July, 2005.................(One sheet)............(Xerox)
12) Deposit Slip dated 28.02.2011.............(One sheet)..........(Xerox)
13) Repayment Broad Sheet in respect of housing loan scheme dated 18.02.2011.................(One sheet)............(Xerox)
14)Loan account statement for the period from 10.03.2005 to 30.09.2019..........(Fifteen pages)...........(Net copy)
15)Letter of complainant dated 15.11.2017 with receiving endorsement dated 15.11.2017.............(One sheet)...........(Original)
16)Letter of complainant dated 07...02.2019...........(One sheet)............(Original)
17)Document relating to home loan ..............(One sheet)..........(Net copy)
18)Notice to complainant by the SBI Ranaghat Branch dated 13.08.2019........(Four sheets)............(Original)
19)Reply by complainant dated 19.09.2019............(One sheet).........(Original)
20)Letter dated 18.08.2018 issued by SBI Ranaghat .............(One sheet)........(Original)
21)Letter dated 26.12.2018 issued by SBI Ranaghat.........(One sheet)........(Original)
22)Letter by complainant dated 02.07.2020.........(One sheet)..........(Original)
23)Arrangement letter Government of housing finance dated 06.06.2010...........(Two sheets)..........(Original)
24)Postal Receipt ...........(Two sheets)..........(Original)
25)Certificate issued by SBI Ranaghat Branch dated 02.07.2020...........(One sheet)...........(Original)
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Brief Notes of Argument
Complainant filed BNA. OP No.1&2 filed BNA.
Decision with Reasons
We have carefully gone through the petition of complaint filed by the complainant, W/V filed by the OP NO.1 & 2, affidavit in chief of the complainant, documents filed by the complainant, BNA filed by the complainant and BNA filed by the OP NO.1 &2. We have carefully considered these documents.
We find that complainant corroborated the allegation in the affidavit in chief which is stated in the petition of complaint.
It is the main allegation of the complainant that he took house building loan amounting to Rs. 2,85,000/- from the OP NO.1 & 2 vide HBL No.11331698586 as per government order no.90-FB dated 13.01.2005. He further stated that he already paid 150 instalments at the rate of Rs.2642/- but bank authority in their statement claimed a due of Rs.2,09,502/-. Hence he filed this case.
OP NO.1 & 2 in their W/V denied the entire allegations and further contended that aforesaid loan was sanctioned in favour of the complainant as per government G.O. No.90-FB dated 13.01.2005 and if any discrepancy occurs in the eye of the petitioner she should made the government of West Bengal as party to this complaint to resolve the same.
It is very astonishing that OP NO.1 & 2 in their W/V did not give any explanation about the allegation of the complainant. They simply said that aforesaid loan was sanctioned and disbursed in favour of the complainant and if complainant find any discrepancy she should made government of West Bengal as party to this complaint to resolve the matter.
Such type of statement is nothing but to avoid the specific allegation of the complainant.
Let us see the government G.O. vide No.90-FB dated 13.01.2005, we find that state Government invited offers from the different Nationalised Bank but terms and conditions offered by State Bank of India were accepted for implementation of the new housing loan scheme. In the said scheme rate of interest has mentioned as 7% per annum upto 1st 5 years and 7.50% per annum for the period above 5 years and upto to 15 years.
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On perusal of loan sanction letter that is arrangement letter housing finance dated 05.03.2005, we find that said document was executed in between complainant and Branch Manager of the concerned Branch. In the said document Branch Manager mentioned rate of interest as 7.5% for the entire period so we find that said agreement has prepared violating the aforesaid G.O. of State of West Bengal.
Let us see the account statement of the complainant. Over the said document rate of interest has mentioned as 8.80% per annum. On perusal of page 2 of the said document, we find that rate of interest has changed. Now the question comes before this Commission that OP NO.1 & 2 can claim the interest at the rate of 8.8% as per their sweet will. State Bank of India by offering interest rate upto 5 years as 7% and for the period in between 5 years to 15 years as 7.5% own the tender. So State Bank of India cannot go beyond the aforesaid G.O and that is the crux of the whole dispute.
OP NO.1 & 2 by violating the aforesaid G.O mentioned the rate of interest in the agreement as 7.5% and violating the aforesaid G.O and aforesaid agreement charged interest in the loan account at the rate of 8.8%.
Agreement regarding loan of Rs.2,83,000/- dated 06.06.2010 has filed but on perusal of certificate dated 02.07.2020 filed by the complainant, we find that said loan has been fully liquidated. In the said certificate OP NO.1 stated that in the aforesaid disputed loan account vide no.11331698586, there is an outstanding dues amounting to Rs.1,44,431.75. Complainant alleged that he already paid 150 instalments at the rate of Rs.2641/- and by this way he paid Rs.3,96,150/- before the OP NO.1 & 2. But after the aforesaid payment bank authority stated before him that there is a due of Rs.2,09,502/- in the loan account he became surprised and compelled to file this case. We have stated earlier that aforesaid miss-understanding has made due to whimsically attitude of the OP NO.1 &2. They illegally charged interest at the rate of 8.8% per annum in the loan account as a result amount of outstanding dues has increased beyond the imagination.
On perusal of record, we find that complainant is a consumer and OP No.1 & 2 are the service provider.
Having regard to the facts and circumstances of this case and evidence of the record, we find that complainant has able to established his grievance and he is entitled to relief as per his prayer.
In the result, present case succeeds.
Hence,
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It is
Ordered
that the present case be and the same is allowed on contest against the OP NO.1 & 2 with cost of Rs. 5,000/- (Rupees five thousand) to be paid by OP NO.1 & 2 in favour of the complainant.
OP NO.1 &2 jointly or severally are directed to charge interest over the aforesaid loan account vide no.11331698586 amounting to Rs.2,85,000/- (Rupees Two lakh eighty five thousand ) at the rate of 7% per annum for the first 5 years and thereafter they shall charge interest at the rate of 7.5% per annum for the next period as per G.O. No.90-FB dated 13.01.2005 and to prepare one fresh statement till date after deducting the EMI paid by the complainant and sent the said statement to the complainant within 45 days from this day and complainant is directed to pay the outstanding balance by 10 equal instalment and thereafter OP NO.1 & 2 shall issue no dues certificate and shall return the necessary documents which have deposited by the complainant in favour of the OP NO.1 & 2 failing which complainant shall have liberty to put this order into execution.
OP NO.1 & 2 are directed to pay compensation amounting to Rs.20,000/- (Rupees twenty thousand) in favour of the complainant for his harassment, mental pain and agony.
Let a copy of this final order be supplied to both the parties as free of costs.
Dictated & corrected by me
............................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,) ..................... ..........................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
We concur,
........................................ .........................................
MEMBER MEMBER
(NIROD BARAN ROY CHOWDHURY) (MALLIKA SAMADDAR)
