DATE OF FILING: 18.10.2010

BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 17th day of January, 2011

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.SHEELA JACOB MEMBER

SMT.BINDU SOMAN MEMBER

C.C No.230/2010

Between

Complainant : Renjitham,

D/o Y. Selvamoni,

Factory Division,

Pallivasal Estate,

Munnar P.O,

Idukki District.

(By Authorised Agent)

And

Opposite Parties : 1. The Branch Manager,

Union Bank of India,

Munnar Branch,

Munnar P.O, Idukki District.

2. The Branch Manager,

Union Bank of India,

Adimali Branch,

Adimali P.O, Idukki District.

(By Adv: Sibi Thomas)

O R D E R

SRI.LAIJU RAMAKRISHNAN(PRESIDENT)

The complainant is a third year BSc Nursing student, studying in Tadikela Subbaiah College of Nursing, Jail Road, Shimoga, Karnataka. She joined the said institution after ascertaining the credibility of the college, selected from the list published by the Indian Nursing Council, New Delhi and the institution finds its place under Sl.No.489 of the said list. She joined the college in 2007. Based on the discussions in the seminar conducted by the Deputy General Manager, Union Bank of India, Nodal Regional Office, Bangalore in the college, the college authorities preferred a request to consider the sanction of educational loans to the students studying there, including the complainant. The complainant is from the family of a plantation worker with a meagre wage of Rs.121/- per day, with which the full family had to fed and there was no other source of income. Based on the above, the said bank authority forwarded the applications to all the three Regional offices of Union Bank of India in Kerala with specific directions and also intimated this fact in writing to the college authorities. Accordingly the application and particulars of the complainant was forwarded to the Munnar branch of the opposite party. The Ist year fee of the student was remitted by pledging jewels in the family and also borrowing money from the friends and relatives. Anticipating sanction of the loan by the bank the complainant approached the opposite party bank and she required to submit the fee schedule, confirmation of studentship from the college etc., which was duly submitted by the complainant. After a long time the complainant was directed to produce the same before the Adimali Branch claiming that it is the nearest branch to the place of residence of the complainant. The complainant approached the Adimali branch and they issued the prescribed loan application form, which was filled and presented before the 2^nd opposite party by the complainant. But after perusal of the same the 2^nd opposite party required the complainant to prefer the application before the Ist opposite party, since Munnar is the nearest, that is only 7 Kms from the place of her residence, whereas Adimali is 23 Kms. Accordingly the filled up application was presented before the Ist opposite party on 20.03.2009. After waiting for over 6 months for a reply, the complainant referred the matter to the Banking Ombudsman on 28^th October, 2009. Since this is out of their authority, the Banking Ombudsman forwarded the same for further action to the Ist opposite party which was confirmed by them in writing vide his letter dated 6.11.2009. Since no action or intimation from the Ist opposite party, the matter was again taken up with the RPCD of the RBI by the complainant on 27^thJuly, 2010, which was replied by the Assistant Manager stating the same has been forwarded to the opposite party for necessary action. But till date no intimation or information received from the Ist opposite party. So this petition is filed.
 

2. The complainant appeared through authorised agent and opposite party appeared through counsel. Heard.
 

3. As per the complainant, she is hailing from a poor family of plantation worker with a meagre wage of Rs.121/- per day and not in a position of higher education due to financial stringency. She joined the college in 2007. Based on the discussions in the seminar conducted by the Deputy General Manager, Union Bank of India, Nodal Regional Office, Bangalore in the college, the college authorities preferred a request to them to consider the sanction of educational loans for the students studying there, including the complainant. Accordingly the complainant filed application for the same to the opposite party, but the opposite party denied the educational loan to the complainant. After that the complainant filed all the formalities such as fee structure from the college to the opposite party. A letter was given by the Chief Admission Co-ordinator of the college to the Deputy General Manager, Union Bank of India, Nodal Regional Office, Bangalore stating the fee structure for the BSc Nursing course in their college and copy of the notice was also annexed. The Deputy General Manager, Nodal Regional Office replied stating that many students are hailing from Kerala. As such the students can approach the regional office of the opposite party at Ernakulam, Kozhikode and Thriruvananthapuram for getting quick sanction of the educational loan. Copy of the same also produced. A letter was given by the Principal of the college to the opposite party stating the admission No. and details of the study of the student, which is dated 16.03.2009. Copy of the same also produced. Eventhough the details were given, the opposite party never sanctioned the loan. So the complainant filed a complaint before the Banking Ombudsman of the RBI and it was acknowledged by the Banking Ombudsman on 6.11.2009. Copy of the same is also produced. Another complaint was given by the complainant to the RPCD of the RBI on 30^th December, 2009 and it was duly replied by the Assistant Manager dated 28^th January, 2010. So it is very clear from the complaint itself that the complainant has approached several times to the opposite party for getting the educational loan in the early stages of the admission itself and she suffered a lot because of the non-availability of the loan. She has paid the first year fee by pledging ornaments and borrowing money from some relatives and friends. The opposite party ought to have sanctioned the loan in the first year itself. The counsel for the opposite party submitted that they are ready to sanction the loan amount to the student, if the student produces the statement of fee from the college where the student is studying. The statement of fee from the college is also produced by the complainant before the Forum and stated that it was already submitted before the opposite party. It is very clear that the complainant has filed application for getting loan to the Ist and 2^nd opposite parties. 

Hence the petition allowed. The opposite parties are directed to sanction educational loan to the complainant as per the fee structure produced by the complainant from the college and issue cheque for the same to the college within 15 days of receipt of a copy of this order, after complying with all the formalities of the bank as per the direction of the Government or RBI.

Pronounced in the Open Forum on this the 17th day of January, 2011

Sd/-

SRI. LAIJU RAMAKRISHNAN(PRESIDENT)

Sd/-

SMT.SHEELA JACOB(MEMBER)

Sd/-

SMT.BINDU SOMAN(MEMBER)

APPENDIX : Nil