Judgment & Order dt. 04.09.2017
Deliberate negligence on the part of OP-Bank to credit the subsidy amount to the loan account of the complainant, as goes the grievance of the complainant, has galvanized the complainant to file the instant complaint u/s 12 of the C.P. Act, 1986, praying for passing an appropriate order for adjustment of the subsidy amount to his loan account and for payment of compensation etc. against the OP-Bank.
The facts leading to the filing of the instant complaint may be epitomized as follows.
Under a Central Sector Scheme of Govt. of India on “Pig-Development”, the OP-Bank advanced a loan amount of Rs.68,400/- to the complainant in two installments – the first installment of Rs.37,785/- on 30.12.2011 and second installment of Rs.30,615/- on 6.9.2012, which carried a capital subsidy of Rs.25,331/- in the project. Loan amount was to be repaid in monthly installments and subsidy amount was to be adjusted with repayment installments as per guidelines of NABARD. The complainant repaid Rs.68,806/-. Nevertheless such payment, the OP-Bank sent a notice to the complainant on 7.1.2017 and thereby demanded Rs.25,000/- as on 7.1.2017 against the loan account of the complainant. The complainant approached the OP-Bank at several times, but the OP-Bank paid no heed to the grievances of the complainant. Even the said Bank did not supply the actual statement of loan account of the complainant to him and therefore, the complainant has filed the instant case praying for issuing a direction for adjustment of subsidy amount to his loan account, payment of Rs.10,000/- as compensation for mental pain and agony and also financial loss and a further sum of Rs.10,000/- as litigation costs. Hence, arises the case.
Notice of this case was served upon the OP-Bank and in pursuance thereof, one Dibyamoy Moitra (Officer Credit), UBI, Kumarganj D/D Branch appeared in person and filed a petition praying for time for filing the version of the Bank by the Branch Manager. But, since then, no one has turned up to the Forum on behalf of the Bank and therefore, the case is proceeded as ex-parte against the OP-Bank.
During continuance of hearing in this case the complainant has filed an affidavit-in-chief and has got himself examined as PW-1. The documents admitted in evidence on behalf of the complainant are marked as Ext. Nos. 1, 2, 3 and 4 as detailed in the list of the documents kept in the record.
Following points are formulated for consideration in this case.
Points for determination:
- Whether the OP-Bank is liable for deficiency in service for not crediting the subsidy amount to the loan account of the complainant?
- Is the complainant entitled to get relief as prayed for ?
DECISION WITH REASONS
Point Nos. 1 & 2:
We have heard the submission of Ld. Lawyer appearing for the complainant. We have also perused and considered the complaint and also the documents filed by the complainant.
The main grievance of the complainant is that the OP-Bank has not credited the subsidy amount of Rs.25,331/- which he is entitled to get, to his loan account No.0394306809102 maintained with the OP Bank. He does not dispute that he took a loan of Rs.68,400/- from the OP Bank under Central Govt. Scheme – Pig-Development. According to him, the Bank submitted an application claiming release of the subsidy amount and has not credited the subsidy amount to his loan account. To substantiate his version, a copy of aforesaid application as made by the OP-Bank has been produced before this Forum and the same is marked as Ext.1. The OP-Bank is required to submit such application in the format given in Annexure-II to concerned regional office of NABARD for sanction and release of subsidy, as per provision of Clause 10 of guidelines for Central Sector Scheme of Pig-Development, NABARD Circular No.130/ICD-29/2010 dt. 24.7.2010. Pursuant to this guidelines, the OP-Bank submitted the application on 13.2.2012 vide Ext.1. According to version of the complainant, as it transpires in Para-8 of his affidavit–in-chief, it was verbally communicated to the complainant that there would be no outstanding against his loan account after credit of subsidy amount i.e. Rs.25,331/- to his loan account. This evidence of the complainant has remained unimpeached, uncontroverted and unchallenged. The OP-Bank would have furnished before the Forum their version to the effect that no subsidy amount was received by it and that, therefore, there arises no question of the subsidy amount being credited to the loan account of the complainant. But, the Bank has not placed any such version before the Forum. Further, it issued a notice, vide Ext.3, upon the complainant and thereby demanded a sum of Rs.25,000/- as outstanding amount as on 7.1.2017. There is also no whisper about the subsidy amount in any corner of that notice.
The liability of processing the matter for the purpose of subsidy entirely rests upon the OP-Bank and it seems now that the OP-Bank is grossly deficient in discharge of this service. Since 13.2.2012, i.e. the date of submission of application for subsidy, till date, the OP-Bank has not taken any initiative for securing release of subsidy amount. Regard being had to this aspect, we are of the opinion that the OP-Bank should be given a chance to realize the subsidy amount and until such subsidy is not realized, it will not recover any money from the complainant in connection with the loan amount.
In the result, the two points are disposed of accordingly.
Hence, it is
O R D E R E D
that the complaint be and the same is allowed ex parte against the OP-Bank without cost.
The OP-Bank is directed to credit the subsidy amount to the loan account of the complainant with proper adjustment in accordance with guidelines of the project, if subsidy amount is received in the mean time. If not received, it would take proper initiative for release of the same from the competent authority and until such release, it will forfeit its right to claim and realize any further sum from the complainant in connection with instant loan. There is no order passed as to any amount of compensation in absence of any positive material placed before us by the complainant to substantiate any loss suffered by him.
Let a plain copy of this order be supplied free of cost at once to the parties concerned.
