The case of the complainant, in a nutshell, is that the complainant owing to this necessity availed two numbers of loan from Uttar Banga Kshetriya Gramin Bank, Dhanirampur Branch under Gramin Awas Yojona Vide Loan Account Nos. GAY - 15 (Old), 4000601510000086 (New) sanctioned on 01/08/2009 with Rs. 6,300/- EMI and Loan Account No GAY-23 (Old), 4000601510000094 (New) sanctioned on 26/07/2011 with EMI of Rs. 2,900/- duration for both loan is for 180 months with variable interest rates.
The O.P. bank did not hand over any copy of Loan agreement to the complainant and the O.P. bank started deducting EMI from his salary, but in the year 2013 the complainant observed that the O.P. concern charged the complainant on higher rate of interest whimsical service charges and sometime they deducting twice from the complainant account in a single calendar month.
The complainant visited the Bank and complaint about the same and the Manager of O.P Bank accepted that their system have charging a higher interest rate upon his loan and promise him to look after this and returned the money which has been over charged by them.
Thereafter, on 18/06/2013 the O.P has tried to rectify their error portion by paying back (credited) Rs. 12,054/- to the account No. 4000601510000086 and Rs. 12,327/- to the account No. 4000601510000094 which they have collected by over charging. But they have not paid the interest upon the same which they have collected by overcharging during continuation of the loan and also do not rectify their system to this loan account and the O.P overcharging with an abnormal rate of interests which is not paid with timely interest rate to these limited loan amount.
The complainant several times visited the O.P Bank for redressal and also wrote several letters to the O.P bank for information but in vain. Finding no other alternative the complainant filed an application before the Assistant Director, C.A. & F.B.P., Alipurduar. After considering all aspect and the prima facie case the Assistant Director, C.A. & F.B.P., Alipurduar have initiated a pre-litigation mediation case against the O.P bank but no fruitful result come out. After that the complainant came before this Ld. Commission.
The complainant claiming to rectify the loans from commencement date to current and provide the fair and correction statement and also claiming Rs. 1,40,000/- for excess interest, expenses of case, T.A. and mental harassment.
The O.P has contested this case by filing W/V. O.P has denied the entire allegation made by the complainant. The specific case of the O.P is that the complainants previously lodged the complaint before A.D., C.A. & F.B.P Vide Index No. 06 by 51/CICC/2017-18 wherein the O.P appear and complied the direction of the authority. The statement supplied by the complainant before the A.D., C.A. & F.B.P had no discrepancy and deficiency in service from the part of the O.P. The allegation of the complainant is regarding the rate of interest in the said account. The allegation of charging the excess rate of interest in the loan account made by the complainant is totally tenable in law, he has prayed for dismissal of the case.
In this contest, the following issues are necessarily come up for the proper adjudication of this case.
POINTS FOR CONSIDERATION
- Is the complainant a consumer u/s. 2(7)(ii) of Consumer Protection Act, 2019?
- Has this Commission jurisdiction to entertain the instant case?
- Have the O.Ps any deficiency in service as alleged by the complainant?
- Is the complainant entitled to get any relief/reliefs as he prayed for?
DECISION WITH REASONS
Considering the nature and character of the case all points are interlinked to each other as such all such points are taken up together for consideration for the sake of brevity and convenience.
Point Nos. 1 & 2:- The complainant took a loan from the O.Ps and he is making payment of EMI regularly. So according to the C.P. Act, 2019 he is a consumer and the business of the O.Ps is within the jurisdiction of this Commission. So this Commission has the territorial jurisdiction to try this case.
Point Nos. 3 & 4:- The complainant took loan from the O.P in two times. The first loan amount was 5,50,000/- and the second loan amount was Rs. 2,50,000/-. According to the allegation is that the O.P deducted the higher interest and charges twice in several months which is deficiency in service from the part of the O.P and for that reason he has prayed to rectify the statement of the O.P and compensation of Rs. 1,40,000/- for excess interest, expenses etc.
It is admitted position that the excess amount has been returned Rs.12,054/- for the first loan and Rs.12,327/- for the second loan to the complainant by the O.P. It also appears from the face of the petition of complainant that he took the loan with a variable interest rate that means interest can be varied from time to time either enhance rate or the lesser rate. The statement shows that both the excess amount was credited to the account of the complainant and both the loan account was closed. Complainant has stated that excess amount has been deducted from his loan account and in his petition he did not specially mentioned how many extra interests has been deducted from his account and his prayer is only to correction of the statement and compensation. It appears that the bank has already returned the excess amount to the account of the complainant then why the complainant has filed this case is not clear. It also appears that the complainant lodged the complaint before the A.D., C.A &F.B.P. Alipurduar, Annexure - 5 is that the document to show the same and the O.P says that they appeared and the direction of the A.D., C.A. & F.B.P has been complied with. Although he did not submit the direction of the A.D., C.A. & F.B.P, Alipurduar in respect of his complaint. If the matter has been disposed of by the A.D., C.A &F.B.P. Alipurduar in respect of the self same complaint lodged by the complainant then why he has filed this case again. We find that the complainant filed this case for get some compensation but he has failed to prove his claim actually. His claim is nothing except the compensation but why he will get the compensation is not clear before this Commission. He has already get back the excess amount taken by the bank and the loan account has already been closed then what harm against the complainant. We find that there is no laches from the part of the O.P and there is no deficiency in service from their part. If there was any laches from the side of the O.P then O.P has returned the amount to the complainant and rectified the error. The complainant is not entitled to get any compensation from the O.P as he has already received the excess amount taken by the O.P bank. So, the case is liable to be dismissed.
Thus all the points are disposed of accordingly.
Hence, for ends of justice; it is;-
ORDERED
that the instant case be and same is dismissed on contest against O.P without costs.
Let a copy of this final order be sent to the concerned parties through registered post with A/D or by hand forthwith for information and necessary action.
