District Consumer Disputes Redressal Commission, Bokaro

Date of Filing-31-12-2021

Date of final hearing-13-12-2022

 Date of Order-13-12-2022

Case No. 62/2021

     Sukhdeo Prajapati S/o Sri Baidyanath Mahto,

     R/s Village- Baradih, P.O. Bandhdih, P.S. Jaridih,

     District- Bokaro, Jharkhand

Vs.

1. The Branch Manager, State Bank of India,

Jainamore Branch, Bokaro, Jharkhand Pin-829301

2. The AGM, SBI, RASMECC, Sector-4, Bokaro Steel City,

Jharkhand, Pin 827004

                             Present:-

                             Shri Jai Prakash Narayan Pandey, President

        Shri Bhawani Prasad Lal Das, Member

          Smt. Baby Kumari, Member

      PER- J.P.N Pandey, President

-Judgment-

1. Complainant has filed this case with prayer to direct the O.P. (SBI) to provide subsidy amount of Rs. 1,96,000/- with 18% interest from 07.03.2013 and to pay Rs. 28,80,000/- the salary for 48 months from Dec. 2017 @ Rs. 60,000/- per month and to pay Rs. 60,00,000/- as compensation for various type of mental agony etc.
2.  Case of the complainant in short is that he obtained Rs. 3,47,500/- education loan from SBI Jainamore Branch, Bokaro on 07.03.2013  after deposit of margin money vide loan A/c No. 32928849283. Further case is that since complainant is economically poor student hence Govt. is providing subsidy on the part of interest through the MHRD, Govt. of India and for its claim complainant has deposited all required documents before the O.P. but it has not been provided. Further case is that complainant completed his academic session of 2012-16 and after it O.P. instructed him to deposit the EMI, accordingly  without permission of the complainant Rs. 3672/- has been transferred in the loan account by the Bank from savings bank account of the complainant, thereafter complainant paid two installments from 22.09.2017, in the this way O.P. deliberately hides the Govt. scheme. Inspite of repeated request interest subsidy was not credited rather complainant received a notice from Certificate Officer, Bokaro where he appeared and filed reply. Since grievance of the complainant related to interest subsidy was not redressed hence he approached this Commission with above mentioned prayer.
3. Joint W.S. has been filed by both the O.Ps. mentioning therein that there is no cause of action for the case which is hopelessly time barred rather complainant is defaulter in repayment of EMI hence his loan account became NPA thereafter, Certificate Case No. 18/2019-20 has been filed for recovery of Rs. 5,09,989/- before the Court of Ld. District Certificate Officer, Bokaro. Further reply is that case is liable to be dismissed.
4.  Point for consideration is that whether complainant is entitled to get relief as claimed?
5. It is admitted fact of the complainant that he completed his education in the year 2016 and he has not deposited EMI of education loan for which he was duty bound as per loan agreement. Only on the ground that interest subsidy has not been deposited in the account of the complainant he cannot withheld the payment or avoid to pay the loan installment. Another admitted fact is that certificate case No. 18/2019-20 is pending before the Court of Ld. District Certificate Officer, Bokaro and it is filed because complainant has not paid the loan amount. It appears that after filing of the certificate case this case has been filed by the complainant with view to avoid the repayment of education loan. There is no legal right accrued in favour of the complainant for refund of the loan amount on none payment of interest subsidy. Therefore, we are of the view that complainant has failed to prove his case for grant of relief as claimed. Accordingly this point is  being decided against the complainant.
6.  Hence this case is being dismissed on merit with observation that the complainant may raise all his grievance for its redressal before the Court of Ld. District Certificate Officer before whom Certificate Case No. 18/2019-20 is pending respect to realization of education loan amount.

(J.P.N. Pandey)

                                                                                      President

    (B.P.L Das)

   Sr. Member

                                                                               (Baby Kumari)