Hon'ble Mrs Rumpa Mandal, Member
This case arises upon a complaint made by the Complainant against the OP. In short, the case of the Complainant is that about 10 years back, he had obtained house building loan from Cooch Behar Cooperative Agricultural & Rural Development Bank Ltd. at an interest of 9.50% per annum. However, after disbursement of Rs.2 lakh, the said Bank refused to disburse the remaining amount of loan. At that time, he approached State Bank of India, Cooch Behar Branch i.e. OP so that he could complete the construction work of his house. Accordingly, a loan agreement was made and it was agreed that the said Bank would give him loan of Rs.3 lakh at an interest of 7.5% per annum and they would also pay the amount of loan of the Complainant with Cooch Behar Cooperative Agricultural & Rural Development Bank Ltd. and get necessary papers from that Bank. It was further agreed that the term of the said loan would be for 9 years and payment would be made on a monthly instalment (EMI) of Rs.3,830/-, which would be deducted from his salary. Copies of documents filed on behalf of the Complainant are Savings Bank Account Pass Book in the name of Complainant and his wife, Statement of Account, Certificate of Insurance etc.
It is alleged that before the said time span elapsed, all on a sudden, a sum of Rs.56,896/- was deducted from his Account, which was in the name of the Complainant and his wife, without any intimation. It is further alleged that the OP also refused to supply him the statement of loan Account. So, the Complainant lodged a complaint before this Forum for refund of Rs.56,896/-, Rs. 16,000/- for mental pain and agony and Rs.4,000/- towards litigation cost.
The OP i.e. State Bank of India, Cooch Behar Branch contested the instant case by filing written statement, evidence on affidavit, written argument and some documents. The OP denied all the allegations made by the Complainant. It is claimed that Rs.3 lakh was sanctioned as house building loan to the Complainant for a tenure of 9 years. The monthly instalment of loan (EMI) for repayment of loan was fixed at Rs.3,830/-. It was also agreed to take over Complainant’s loan from Cooch Behar Cooperative Agricultural & Rural Development Bank Ltd. and after the loan was sanctioned, the OP issued a Banker’s Cheque for Rs.1,87,678/- in favour of Cooch Behar Cooperative Agricultural & Rural Development Bank Ltd. On behalf of the OP, Statement of loan Account was filed and subsequently, on the prayer of the Complainant, original loan agreement and certificate copy thereof were also filed.
It is the contentions of the OP that the rate of interest of house building loan in favour of the Complainant fluctuated from time to time. One Tie UP arrangement was also made with the Sub-Divisional Agricultural Officer, Cooch Behar as the Complainant is a State Government employee. Subsequently, due to fluctuating rate of interest, at the time of closer of the said loan, an amount of Rs.56,896/- was deducted from his Account as EMI overdue recovery. It is further alleged that the Complainant filed this case after lapse of 2 years 7 months. So, the OP has prayed for dismissal of the instant case.
POINTS FOR CONSIDERATION
- Is the instant case maintainable?
- Is the Complainant entitled to the relief(s) as prayed for?
- To what other relief(s), if any the Complainant Is entitled?
DECISIONS
Point No. 1.
We have gone through the materials on record. It is found that the Complainant is a consumer as per provision of the C.P. Act, 1986 and this Forum has also the jurisdiction to hear the case.
However, it is found from the petition of complaint that the Complainant claimed Rs.56,896/- which he alleged to have been deducted/realized from their joint Account by the OP in connection with the loan Account. It is claimed by the Complainant that the said amount was deducted without any justification after his amount of loan was already repaid. However, the OP claimed that the said amount was part of the total liability of the Complainant in connection with his loan. It is also clear that with the realization of the said amount, the OP did not claim any other amount lying due in respect of the said loan against the Complainant.
So, the main dispute as raised by the Complainant is the deduction of the said amount from the Account of the Complainant and his wife. The said deduction is found to have been made, as we find from the Annexures, on 15.10.14. But the instant complaint case is found to have been filed on 26.05.2017. The time for filing complaint as per Section 24A of C.P Act, 1986 is 2 years from the date of cause of action. So, here in this case, the instant complaint is found to have been filed long after the period of limitation. There is also no prayer for condonation of delay. So, the instant case is liable to be dismissed as being hopelessly barred by limitation. In such a situation, we do not proceed with the other points.
Hence,
It is ordered,
That the instant case be and the same is dismissed on contest being not maintainable. No order as to cost.
Let plain copy of this Order be supplied to the parties concerned by hand/by Post forthwith, free of cost for information & necessary action, if any. The copy of the Final Order will also be available in the official Website: confonet.nic.in.
Dictated and corrected by me.
