Date of filing:6.11.2013
Date of Disposal:6.3.2014
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II::
VIJAYAWADA, KRISHNA DISTRICT.
Present: SRI A. M. L. NARASIMHA RAO, B.SC., B. L., PRESIDENT
SMT N. TRIPURA SUNDARI, B. COM., B. L., MEMBER
SRI S.SREERAM, B.COM., B.A., B.L., MEMBER
THURSDAY, THE 6th DAY OF MARCH, 2014.
C.C.No.180 OF 2013.
Between :
Smt Bommareddy Vijaya Lakshmi, W/o Late Nagi Reddy, Hindu, R/o H.No.13-104, Telaprolu, Krishna District.
….. Complainant.
And
The Branch Manager, Union Bank of India, ULP, Vijayawada Branch, D.No.40-1-34, Sri Vani Building, M.G.Road, Labbipet, Vijayawada – 10.
…..Opposite Party.
This complaint is coming before us for final hearing on 19.2.2014 in the presence of Sri K.Rama Chandra Rao, Counsel for complainant and Sri A.Yedukondala Rao, Counsel for opposite party and upon perusing the material available on record, this Forum delivers the following:
O R D E R
(Delivered by Hon’ble Member Smt N. Tripura Sundari)
This complaint is filed under Section 12 of the Consumer Protection Act, 1986.
1. The averments of the complaint are in brief:
The husband of the complainant worked as Telecom Mechanic in B.S.N.L. Vijayawada during his life time he obtained term loan under Union Comfort Scheme to a tune of Rs.1,90,000/- vide loan A/c No.565006760000299. The said loan is to be paid in 60 equal monthly instalments at the rate of Rs.3,990/- commencing from February, 2010. The monthly instalments were deducted from his salary. The said loan A/c was closed on 26.4.2011 since the husband of the complainant deposited an amount of Rs.1,55,737/- in the said loan A/c in his life time. After depositing the said amount the opposite party addressed a letter dated 26.4.2011 to the B.S.N.L. Authorities stating that the husband of the complainant cleared the entire loan and requested to stop the deduction of loan instalments from his salary. Subsequently after the death of the husband of the complainant, the complainant approached the opposite party and requested to furnish the statement of the said loan account. But the opposite party failed to issue the same. Later the B.S.N.L. Authorities settled the death benefits of the complainant for an amount o Rs.5,66,000/- and credited the same to his S.B. A/c lying with the opposite party. While so the opposite party informed the complainant that late Bommareddy Nagi Reddy had fallen due under loan A/c No.565006760000298 and the outstanding amount will be deducted from the death benefits of her husband. The complainant requested the opposite party to furnish the statement of account under the said loan A/c. The opposite party failed to furnish the same and credited a sum of Rs.2,86,542/- to her A/c after deducting Rs.2,77,521/- towards outstanding loan amount. In fact the husband of the complainant cleared all the loan accounts while he was alive. The opposite party also issued letters to that effect and even then also the opposite party recovered an amount of Rs.2,77,521/- from the death benefits of the complainant’s husband which is illegal, arbitrary and also amounts to deficiency in service. Therefore the complainant got issued a legal notice demanding the opposite party to refund the amount recovered by them. The opposite party received the said notice and kept quiet. Hence the complainant is constrained to file this complaint against the opposite party praying the Forum to direct the opposite party to pay Rs.3,28,521/- towards the amount recovered from the death benefits of the complainant’s husband, including compensation and costs.
2. The version of the opposite party is in brief:
The opposite party denied all the allegations of complainant and submitted that the husband of the complainant availed personal loan of Rs.1,90,000/- on 11.1.2010 from opposite party under loan A/c No.565006760000299 and he discharged the same by 26.4.2011 and the opposite party requested his employer B.S.N.L. through letter dated 26.4.2011 to stop deductions of loan instalments with effect from April, 2011. The husband of the complainant applied for another personal loan on 4.5.2011 and availed personal loan of Rs.2,83,000/- on 12.5.2011 with interest at 12% per annum in 60 Equal Monthly Instalments @ Rs.6,295/- for deduction of instalments from his salary. The husband of the complainant was expired during June, 2012 and his employer B.S.N.L. enrooted his death benefits of a sum of Rs.5,64,063/- on 9.1.2013 to his loan A/c No.565006590000298 . The opposite party after adjusting the dues under the said loan, given the credit of the balance sum of Rs.2,86,542/- to the complainant’s A/c. The opposite party explained all the facts to the complainant about availing two loans by her husband. The opposite party informed the same to the B.S.N,.L. under letter dated 11.1.2013. The complainant later withdrew the sum of Rs.2,86,000/- on 16.5.2013 from her S.B. A/c without any whisper or protest and later on got issued a registered legal notice dated 20.5.2013 demanding the opposite party to refund the amount deducted under loan A/c with misunderstanding. The opposite party explained once again above the facts to the complainant. The opposite party further submitted that first part of loan A/c refers to branch code, the ‘middle part’ refers to ‘scheme code’ and lost part refers to ‘account no.’ as per opposite party banking system. The scheme codes vary from time to time depending upon it features. The husband of the complainant would have objected the deduction of any instalments under 2nd loan during his life time itself. The opposite party is not liable to refund the alleged excess amount to the complainant on any ground whatsoever. It is the legal obligation of the opposite party to recover the amounts due under loan a/c of said B.Nagi Reddy. Performance of an official duty does not amounts to deficiency in service. Hence the opposite party prays to dismiss the complaint with costs.
3. On behalf of the complainant she gave her affidavit and got marked Ex.A.1 to Ex.A.8 and on behalf of the opposite party Sri M.Nirmal Babu, Branch Manager of opposite party filed his affidavit and got marked Ex.B.1 to Ex.B.9.
4. Heard and perused.
5. Now the points that arise for consideration in this complaint are:
1. Whether there is any deficiency in service on the part of opposite party towards the complainant in deducting the amount from the death benefits of the complainant’s husband saying that he was due under loan A/c to the opposite party even though it was cleared by the husband of the complainant?
2. If so is the complainant entitled for any relief?
3. To what relief the complainant is entitled?
POINTS 1 AND 2:-
6. On perusing the material on hand we, the Forum came to understand that the husband of the complainant applied for a loan of Rs.1,90,000/- to the opposite party and he was informed the same under Ex.A.1 dated 5.1.2010 and availed the said loan by signing on the agreement under Ex.B.1 dated 11.1.2010. The A/c Number of the said loan was 565006760000299 and he cleared the loan on 26.4.2011 by paying balance amount under Ex.A.2 and the opposite party informed the same to the employer of him under Ex.A.3 dated 26.4.2011 informing that the employee of B.S.N.L. (complainant’s husband) cleared the entire amount and to stop the deductions of loan instalments from his salary. Subsequently he availed loan of Rs.2,83,000/- from the opposite party under Ex.B.3 by signing the agreement on 13.5.2011. The copy of the said loan particulars was send to his employer for deduction of instalments from his salary under Ex.B.4. The opposite party also informed the particulars of the 2nd loan obtained by the husband of the complainant through letter Ex.B.5 dated 2.6.2011 to his employer. The said loan A/c is 565006590000298. Meanwhile the husband of the complainant died and his death benefits of Rs.5,66,000/- were credited to his S.B.A/c. The complainant informed the opposite party about the death of her husband under Ex.A.5 dated 27.12.2012 and requested the opposite party to inform about the amount to be repaid by her as she will repay the said due amount. After deduction of the 2nd loan due amount of the husband of the complainant, the balance amount of Rs.2,86,542/- was credited to the S.B. A/c of the complainant and the same was informed to the employer of the deceased and also to his wife under Ex.A.4 dated 11.1.2013. The complainant withdrew the amounts through her S.B. A/c Ex.B.9. Later she got issued a legal notice Ex.A.6 dated 20.5.2013 to the opposite party demanding to furnish statement of A/c copy of loan No.565006760000299 and the opposite party received the same under Ex.A.7. As per statement of loan A/c No.56500676000299 Ex.B.6 the husband of the complainant availed loan of Rs.1,90,000/- from the opposite party and cleared the same by 26.4.2011. As per Ex.B.7 statement of loan No.565006590000298, the husband of the complainant availed comfort loan on 13.5.2011 Rs.2,83,000/-. Ex.B.8 statement copy of the deceased Nagi Reddy S.B. A/c shows the debit balance of Rs.2,82,000/- interest Rs.1,770/- and the credit balance of Rs.2,83,000/-as on 1.6.2011 Ex.B.9 shows the final settlement amount of Rs.2,86,542/- in the S.B.A/c of the complainant. From the facts of the above documents the complainant husband availed two loans from the opposite party and he cleared the 1st loan in his life time and he was in due of 2nd loan for Rs.2,83,770/- and the opposite party recovered the same from his death benefits and credited the remaining balance of Rs.2,86,542/- to the complainant’s A/c and the complainant withdrew the amounts on 16.5.2013. By misunderstanding the A/c numbers of the loans she filed the above C.C. The opposite party says that the first part of loan A/c refers to branch code, the middle part refers to “scheme code’ and lost part refers to ‘account No’ as per opposite party banking system. Therefore we hold that there is no deficiency in service on the part of opposite party and the opposite party is not liable to refund the recovery loan amount due from the husband of the complainant. The complainant is not entitled for any reliefs as she prayed. These points are answered accordingly.
POINT No.3:-
7. In the result, the complaint is dismissed without costs.
Typewritten by Stenographer K.Sivaram Prasad, corrected by me and pronounced by us in the open Forum, this the 6th day of March, 2014.
PRESIDENT MEMBER MEMBER
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For the complainant: For the opposite party:-
P.W.1 Smt B.Vijaya Lakshmi D.W.1 M.Nirmal Babu,
Complainant Branch Manager,
(by affidavit) of the opposite party,
(by affidavit)
DOCUMENTS MARKED
On behalf of the Complainant:
Ex.A.1 05.01.2010 Photocopy of letter of sanction issued by opposite party to
the husband of the complainant.
Ex.A.2 26.04.2011 Photocopy of payment challan.
Ex.A.3 26.04.2011 Photocopy of letter from the opposite party to the Senior
Accounts Officer (Pay & Claims) O/o GMTD, BSNL. Bhavan,
Chuttugunta, Vijayawada.
Ex.A.4 11.01.2013 Photocopy of letter from the opposite party to the Accounts
Officer (Pay & Claims) O/o GMTD, BSNL. Bhavan,
Chuttugunta, Vijayawada.
Ex.A.5 27.12.2012 Photocopy of letter from the complainant to the opposite
party.
Ex.A.6 20.05.2013 Office copy of legal notice.
Ex.A.7 . . Postal acknowledgement.
Ex.A.8 . . Photocopy of bank passbook.
For the opposite party:-
Ex.B.1 11.01.2010 Photocopy of agreement.
Ex.B.2 12.05.2010 Photocopy of letter of sanction issued by opposite party to
the husband of the complainant.
Ex.B.3 13.05.2011 Photocopy of General Term Loan Agreement.
Ex.B.4 03.05.2011 Photocopy of letter from the husband of the complainant to
the Senior Accounts Officer (Pay & Claims) O/o GMTD,
BSNL. Bhavan, Chuttugunta, Vijayawada.
Ex.B.5 02.06.2011 Photocopy of letter from the opposite party to the Senior
Accounts Officer (Pay & Claims) BSNL. Bhavan, BSNL O/o
GMTD, BSNL, Vijayawada.
Ex.B.6 28.12.2013 Copy of Statement of Account issued by the opposite party.
Ex.B.7 28.12.2013 Copy of Statement of Account issued by the opposite party.
Ex.B.8 28.12.2013 Copy of Statement of Account issued by the opposite party.
Ex.B.9 28.12.2013 Copy of Statement of Account issued by the opposite party.
PRESIDENT
