| Final Order / Judgement | For the complainant: :- Sri.N.R Mishra, & Associate Advocate Bhawanipatna. For the O.P 1 : Sri,S.K Mund& Associate Advocate ,Bhawanipatna. JUDGEMENT Sri.Aswini Kumar Patra, President . - The present dispute arises out of the complaint petition filed by the above named complainant alleging deficiency in service & unfair trade practice against the O.Ps named above for creating false loan account in the name of complainant & without disbursing the loan amount issued demand notice asking the complainant for repayment of loan with interest due of an amount of Rs.61,835/- vide n30.12.2014.
- The Complaint has prayed for an order directing the OP No.3 Dillip Kumar Bhoi, Ex B.M UGB Badchergaon to repay the entire loan due against the complainant as claimed by the O.P No.1/UGB, Badchergaon.
- Heard .Peruse the material available on record. We have our thoughtful consideration on the submission of the learned counsel for the parties.
- The facts of the complaint in brief are that, the than Branch Manager of UGB Badchergaon namely Mr. Dillip Kumar Bhoi has played mischief with the complainant and fraudulently taken signatures in some blank form of the Bank by convincing that he will process the documents for sanctioning of an agriculture loan and the complainant being innocent rustic villagers had easily belief the B.M Dillip Kumar Bhoi put his signature on the papers with an expectation of getting disbursement of Agriculture loan but after few days said Dillip Kumar Bhoi, informed the complainant that, due to some documentation problem the loan was not sanction in favour of the complainant believing such version & having trust upon the said B.M, UGB Badchergaon the complainant remain silent but surprisingly enough the complainant received one demand notice form the UGB Badchergaon where the Bank has asked the complainant to repay the loan amount of Rs.45,453/-which was ignored by the complainant as he has not taken any loan from the said Bank. Subsequently the complainant received another demand notice dt.30.12.2014 from the O.P.No.1 /UGB Badchergaon wherein the bank has asked the complainant to pay Rs.61,835/- which include the principal loan amount of Rs.30,000/-, on receiving of said demand notice, the complainant met the ex-B.M, UGB Badchergaon, Mr Dillip Kumar Bhoi who admitted the facts that, he has withdrawn the entire loan amount sanctioned to the complainant but undertake to repay the entire loan due with interest himself within a short period without giving burdon to the complainant .The complainant being a innocent person belief the version of the Ex-B.M but till the date of filing of this complaint said loan due against the complainant has not been repaid by the Ex-B.M Mr.Bhoi so also his representation made in writhing to the B.M UGB, Badchergaon has not yet being heard which caused financial Burdon and mental agony to the complainant hence this complaint.
- Being notice, the Opposite party appeared and filed their written version denying the complaint allegation on all its materials particulars.
- The Ops in this case submitted the facts that, the UGB, Badchergaon has sanctioned loan/Agriculture cash credit of Rs.30,000/- to the complainant on 06.06.2009 as per the application of the complainant submitted to the Bank authority. By the time the complainant has executed the loan agreement, Hypothecation agreement and other relevant documents. The statement of loan account vides A/C No.1068 (Computer A/C No.12205037167) clearly shows that, the loan was disbursed to the complainant on dt.06.06.2009. He has withdrawn the loan amount of Rs.25,000/- by signing the withdrawal voucher dt.06.06.2009.The borrower/complainant did not repay the loan taking falsehood in his complaint petition. He has never approach the O.P No.1 regarding non disbursement of alleged loan rather he is a chronic defaulter for which he is not getting any benefit scheme form the bank. It is further submitted that, the complainant has falsely alleged that, he has never avail loan or got disbursement of loan amount from the UGB Badchergaon only to avoid his liability under the terms of the loan agreement executed by him. As per the terms of the loan agreement the UGB Badchergaon has every right to collect the loan dues. Accordingly, there is nothing illegal on issue of demand notice dt.30.12.2014 asking the complainant to pay the outstanding loan dues as such this complaint has no merits hence, liable to be dismissed with cost.
- Sec 38(6) of C.P Act 2019 casts an obligation on the District Commission to decide a complaint on the basis of evidence brought its notice by the complainant and the service provider/seller. Irrespective of whether the service provider/seller adduce evidence or not, the decision of the District Commission has to be based on the evidence relied upon by the complainant. The onus thus is on the complainant making allegation.
- The parties lead their evidence. The complainant filed affidavit of two witness who are being cross examined by the Ops
- Here this case the complainant averment are duly supported by an affidavit of the complainant and to substantiate his claim the complainant has filed the following documents:- i) Copy of demand notice dt.30.12.2014 issued from the B.M UGB Badchergaon ii).Copy of the application/grievance petition made before the B.M UGB Badchergaon received of which is duly acknowledge by the concern authority ,so also the complainant has adduce evidence on affidavit of two witnesses namely Nibas Bhoi(C/W-1) and Agasti Pradhan (C/W-2) ,whose veracity is examined & has been cross examined by the opponents . The deposition of the witness examined by the complainant has collaborated with the complaint averment and it is proved that, the than Branch Manager of UGB, Badchergaon namely Dillip Kumar Bhoi had played mischief with the complainant and fraudulently taken some signature of the complainant in some blank form by convincing that he will process the loan documents, according to the complainant, who is one innocent rustic villager, had easily belief to the than Branch Manager and put his signature in all papers and in subsequent period the same person had denied that, due to some documentation problem the loan was not sanctioned in favour of the complainant and that, being asked about the demand notice issued to the complainant for repayment of the loan amount of Rs.61,835/- the then B.M UGB, Badchergaon namely Dillip Kumar Bhoi admitted the facts that, he has withdrawn the loan amount sanction to the complaint as he was in need and that he undertake to repay the entire loan dues against the complainant within a short period and also requested to the complainant not to disclose the matter to anyone clearly proved the fraudulent act of said B.M , Dillip Kumar Bhoi. Nothing material rebuttable to the evidence of the complainant is available in the record.
- The answering O.Ps have filed the following documents duly verified with the original to substantiate their claim:- 1. Loan application of the complainant dt.01.06.2009. 2. Sanction Letter For Rs.30.000/- .3. Hypothecation- Agreement dt.06.06.2009. 4. Pro Note for Rs.30,000/- dt.06.06.2009. 5. D.P note delivery letter for Rs.30,000/-dt.06.06.2009. 6. Withdrawal Voucher dt.06.06.2009 for Rs.25,000/- 7.Statement of Account vides KCC A/C no.1068. 8. Discloser of Names of defaulter dt.06.06.2009. 9.Letter given by the complainant to O/P bank address to B.M, UGB Badchergaon. 10. R.O.R of Khata No.281 of Mouza Badchergoan. 11.Land Revenue Receipt No.217550. 12. Declaration made by the complainant regarding no dues.
- It is ascertained from the copy of account statement vide loan A/C No. KCC -1068 placed in the record by the O.P/Bank (Annexure -7 of the written version) alleged to be in the name of the complainant that, loan amount of Rs.30, 000/- was sanction on dt. 06.06.2009 and Rs.25,000/- was withdrawn at the same moment on 06.06.2009 but no amount is deposited by the alleged account holder Hara Bhoi at any point of time. It is also found that, the complainant has received a demand notice dt.30.12.2014 from the UGB, Badchergaon (Annexure-1 of the complaint petition) where he is asked to pay Rs. 61835/-
- There are nothing placed on record any material or cogent evidence whatsoever that to establish that, the term & condition of the loan agreement as it is filed along with the written version in this case is provided or explained in any manner to the complainant either at the time of execution of agreement or subsequently at any point of time.
- It is found from the true copy of alleged Loan- Agreement, hypothecation agreement and other related papers placed on the record by the OP/ Bank as per the list of document dt.09.08.2017 that, those are nothing but a standard form of contract whereon the name of the complainant i.e Hara Bhoi in odia are found on the space specified for borrower even name of Hara Bhoi in odia is found on the place of guarantor and all these are executed on the same date of withdrawal i.e. 06.06.2009. So also name Hara Bhoi are found in many place where there is marked”v” for borrower .It is seen that, many part of the Loan-Agreement & other related papers placed in the record by the O.p/Bank have contained many dotted line not yet filled up though name of Hara Bhoi has been written on the space meant for the signature of the borrower, which clearly shows the unfair conduct of the Op /bank authorities. We found no evidence on record to established that, the complainant has put his signature understanding the terms of the alleged Loan- Agreement. So also we found no evidence on record to established that the contents of withdrawal Voucher dt.06.06.2009 for Rs.25,000 placed on record by the O.Ps have ever been explained to the complainant/alleged borrower rather in the facts and circumstances ,as noted above and considering the evidence on record we have no hesitation to hold that, there is truthiness on the averment of the complainant supported by an affidavit of the complainant which are corroborated with the deposition of the witness examined in this case, hence it is proved that, the ex -Bank Manager of UGB, Badchergaon namely Dillip Kumar Bhoi (O.P No.3 ) took signature in many documents and so also the complainant has appended his signature on the withdrawal form in good faith without being understating the nature & contents of the same and that the Op No 3 namely Dillip Kumar Bhoi has misappropriate the loan amount by fraudulently creating the withdrawal voucher. We have no hesitation to hold that, documents filed by the bank are fake & fraudulently prepared by the ex-Branch Manager, namely Dillip Kumar Bhoi (O.P No.3 ) and that the complainant has not avail the alleged loan from UGB, Badchergaon as such not bound by the terms & conditions of the alleged loan agreement also demand notice dt.30.12.2014 is not binding to the complainant.
- The Op/Bank has not placed on record any reason whatsoever as to which circumstances they have ignored the written complaint made to the Bank Manager, UGB, Badchergaon ,received of which is dully acknowledged by the Bank authority (here the document vide Annexure -2 of the complaint petition & the same is annexed as Annexure -9 in their written version of Ops ),so also nothing available in record to hold that such negligent act of the OP/Bank is bonafied in nature rather , it is an unfair trade Practice & deficiency in service on the part of the Bank Manager, UGB, Badchergaon causing financial burden & mental agony to the complainant..
- Law is well settled that, If the forgery is done by the bank employee then for that the complainant cannot be punished rather the bank is responsible for that, the consumer/complainant cannot be punish rather if employee of the Bank committed wrong causing injuries/loss to the customer the Bank being the employer, is also vicariously liable for the wrong committed by its employer. Reliance placed on the judgment of Hon’ble National commission passed in Punjab National Bank Vrs. Daljeet Singh reported in 2021NCJ 163 (NC).
- Based on the fact and circumstances as discussed above, and in view of the settle principle of law, we are of our opinion that, the Op No.1 / UGB, Badchergaon is deficient in service and playing unfair trade practice causing financial burden & mental harassment to the complainant .As such the OP/ UGB, Badchergaon is liable to compensate the complainant. Hence, it is ordered.
ORDER This consumer complaint is allowed in part on contest against the Ops with the following direction:- (i). The OPNo.No.1/B.M , UGB, Badchergaon is hereby directed to pay Rs.25,000/- as compensation to the complainant towards financial burden & mental harassment caused due to forgery done by the bank employee which include litigation cost . (ii) The OP NO .1/ UGB, Badchergaon is here by directed not to issue any demand notice henceforth to the complaint asking any due under KCC -1068 (Computer A/C No-12205037167). (iii). The OP No.1/ Bank Manager, UGB, Badchergaon may reimburse the loan amount if any due under KCC -1068 (Computer A/C No-12205037167) from the ex-Branch Manager, UGB, Badchergaon namely Dillip Kumar Bhoi (O.P No.3 ) on his own cost and issue no due certificate to the complainant. (iv) The OP. NO. 2 being supervising authority is to ensure not to repeat such Unfair Trade Practice & deficient Service. (v) This order is to be complied within four weeks of receiving of this order failing which the complainant shall be entitle to get Rs. 250/-per day pending compliance of this order and the Chief Executing Officer of the Op No 1 shall be liable to prosecute under penal provisions of the C.P.Act, 2019 for non compliance of this order. . Pending application if any disposed of accordingly. Dictated and corrected by me. President I agree. Member President Pronounced in open Commission today on this17th November, 2022 under the seal and signature of this Commission. Copy of this judgment be provided to the parties free of cost .The judgment be uploaded on the website of the Commission for the perusal of the parties. Order accordingly. President I agree Member President | |
