DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM

WEST TRIPURA : AGARTALA

 

CASE NO:  CC-   36   of   2017

 

Sri Soumendra Mukherjee,

S/O- Lt. Nirab Nath Mukherjee,

Indranagar, P.S. N.C.C., 

Agartala, West Tripura. …..….…...Complainant.

 

          VERSUS

 

      1. The Branch Manager,

Tripura State Cooperative Bank,

Durga Chowmuhani Branch,

Durga Chowmuhani, Agartala,

West Tripura.

 

      2. The Managing Director,

Tripura Handloom & Handicrafts 

Development Corporation Ltd. (Purbasha),

MBB Sarani, Dhaleswar,

P.S. East Agartala,

West Tripura. .............Opposite parties.

   

      __________PRESENT__________

 

 SRI A. PAL,

PRESIDENT,

  DISTRICT CONSUMER 

 DISPUTES REDRESSAL FORUM,

      WEST TRIPURA, AGARTALA. 

 

SMT. Dr. G. DEBNATH

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

 

C O U N S E L

 

For the Complainant : Sri Anjan Kanti Pal,

 Advocate.

 

For the O.P. No.1 : Sri Gouri Sankar Bhattacharjee,

 Advocate.

 

For the O.P. No.2 : Sri Prasanta Kr. Pal,

 Smt. Debjani Bhatacharjee,

 Sri Prabir Kr. Pal,

 Advocate.

 

JUDGMENT  DELIVERED  ON:  26.07.2017.

 

J U D G M E N T  

This case arises on the petition filed by one Soumendra  Mukherjee U/S 12 of the Consumer Protection Act. Case of the petitioner's in short is that during his service period he took a loan for Rs.3 lacs from the Tripura Cooperative Bank, Durga Chowmuhani Branch. Out of this he paid Rs.35,000/-. Thereafter from 2013 to 2016 bank did not approach the complainant to make payment. Its DDO also did not realise any amount. But in the month of superannuation bank authority issued the notice. And as employer deducted Rs.4,74,632/- from his pensionary benefits. Being aggrieved and dissatisfied by such action he filed this case complaining for deficiency of service by the bank and employer. 

 

O.P. Branch Manager, Cooperative Bank and Managing Director, Cooperative Bank filed W.S denying the claim. It is stated that on the strength of authorized letter and the undertaking of the petitioner bank loan was realized. There was no deficiency of service by the bank.

 

On the basis of contention raised by the parties following points cropped up for determination:

(I) Whether the Co-operative bank, O.P. No.1 and Employer had any deficiency of service while releasing the amount from the petitioner?

(II) Whether the petitioner is entitled to get any compensation?

 

Petitioner produced legal notice, application, sanction letter, registration certificate, loan clearance certificate, discharge summary, medical prescription, disbursement of pension. 

Petitioner also produced the statement on affidavit of the petitioner.

 

O.P. bank by Annexure produced declaration form given by the petitioner, the reminder sent for the realisation of the bank loan, legal notice. 

O.P. also produced Statement on affidavit of Branch Manager, Tripura State Co-operative Bank Ltd., Sashi Mohan Roy. 

 

Both the parties thereafter produced the written argument.

On the basis of all these evidence we shall now decide the case. 

 

Findings and decision;

We have gone through the documents submitted. The fact of taking loan of Rs. 3 lacs from the Co-operative Bank is admitted. It is also admitted that petitioner was defaulter for long period. On 26.09.16 one letter is sent to the Accounts Officer/ DDO of the THHDC for realisation of the dues of Rs.4,74,632/-. The calculation sheet also given by the O.P. bank. Petitioner did not challenge on the interest and accrued claim. He produced some prescription, medical certificate, preventing him to pay the dues in time. Some receipts also produced and found that in 4 installments he paid Rs.34,000/- and once 1,000/-. The calculation sheet is very clear to support that the bank loan was not cleared by the petitioner and O.P. Cooperative bank was entitled to get Rs.4,74,632/-.

 

We have gone through the declaration given by the petitioner while taking the loan. Cooperative bank produced the declaration. In the Declaration Form petitioner being a Govt. employee authorized his Drawing and Disbursing Officer under whom he was serving to deduct the amount from his monthly salary and any other amount which may be due to him. Cooperative Bank Branch may apply to DDO in respect of loan granted that may be due as payable and he is under obligation to pay the amount. He also given declaration that he would not revoke this terms and conditions. He agreed to deduct the amount from his monthly salary on the other amount which may be due to him by his employer. Accordingly from the request of the State Co-operative Bank the dues of Rs.4,74,000/- was deducted from the pensionary benefits of the petitioner. The bank had no fault for not informing the DDO earlier for realisation of the amount. On the other hand petitioner being loanee could have take initiative for payment of the loan amount from his monthly salary. But he failed to do so continuously for 4 years. This is violation of the terms and condition of the loan. There is no single piece of evidence to support that he requested the DDO or Bank to collect the installments from his salary. Bank authority also did not approach the DDO earlier. Petitioner could not show any rule to support that the amount could not be deducted from the pensionary benefits. 

 

In this case the employer had no deficiency of service at all. The relationship between the employer and employee is not like a consumer or service provider. The bank also had no deficiency of service as it realised the dues amount as per declaration of the petitioner given by the petitioner himself at the time of taking the loan. Petitioner therefore is not entitled to get any compensation. Both the points are decided accordingly.

 

In view of our above findings over the points this case is dismissed. Supply copy of the judgment free of cost.   

 

 

Announced.

 

 

 

 

 

SRI A. PAL

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL FORUM,

WEST TRIPURA,  AGARTALA.

 

 

 

 

SMT. DR. G. DEBNATH,

MEMBER,

 DISTRICT CONSUMER DISPUTES 

REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.