District Consumer Disputes Redressal Commission ,Faridabad.

Consumer Complaint  No. 244/2020

 Date of Institution: 10.08.2020.

Date of Order: 06.10.2021.

Smt. Neelam wife of Shri Vikram Singh, resident of House N. E-1314, 27 feet Road, Dabua Colony, NIT, Faridabad.

                                                                   …….Complainant……..

                                                Versus

The Branch Manager/Assistant General Manager, State Bank  of India, 65, Basement, Neelam Bata Road, Faridabad, Haryana.

                                                                   …Opposite party……

Complaint under section-12 of Consumer Protection Act, 1986

Now  amended  Section 34 of Consumer protection Act 2019.

BEFORE:            Amit Arora……………..President

Sujata Pruthi …………………………Member.

PRESENT:                   Sh.  Shamim Ahmed,  counsel for the complainant.

                             Sh. K.D.Sharma, counsel for opposite party.

ORDER:  

                   The facts in brief of the complaint are that  opposite party had sanctioned loan on 24.05.2018 to the complainant under PMMY with CGFMU cover with monthly principal reduction of Rs.1429/- for 34 months. The account

number of the above loan amount was 37777738359.  At the time of  sanctioning the loan opposite party had put the signature of the complainant on some printed blank papers.  Opposite party had not provided the papers to the complainant at the time of sanctioning the loan.  Since 29.08.2018 the complainant was paying the installment of the above said loan regularly.  Opposite party had not informed or sent any letter to the complainant regarding N.P.A./hold of the account.  It was alleged that after the N.P.A/hold the complainant was paying the loan of installment to opposite party.  It was alleged that the mobile number 9911609788 of the complainant was linked with the saving loan account.  The opposite party had not intimated the complainant on his mobile phone.  The SBI credit card of complainant was also linked with the loan account.   Due to the NPA/hold of the loan account the credit card of the complainant also closed and complainant suffered a great financial loss.  Opposite party was demanding the huge amount from the complainant.  The complainant requested the opposite party so many times not to demand the huge amount and not to charge the interest and other charges from the complainant as the complainant was ready to pay the actual balance loan amount to opposite party but opposite party did not pay any heed towards the request of the complainant.   The complainant sent a letter dated 6.1.2020 to opposite party but after receiving the said letter opposite party had not provided any document to the complainant and had not given any satisfactory reply.  The complainant wrote a complaint to RBI on 10.02.2020.  After that opposite party had wrote a letter dated 14.2.2020 posted on  15.2.2020 and also provided the documents of loan to the complainant. The complainant sent legal notice  dated 15.6.2020 to the opposite party but all in vain. The aforesaid act of

opposite party amounts to deficiency of service and hence the complaint.  The complainant has prayed for directions to the opposite party to:

a)                waive off the interest and other charges of the loan account No. 37777738359 and not to NPA/hold of the account of the complainant as the complainant was ready to pay the actual amount.

 b)                pay Rs. 2,00,000/- as compensation for causing mental agony and harassment .

c)                 pay Rs. 21,000 /-as litigation expenses.

2.                Opposite party  put in appearance through counsel and filed written statement wherein Opposite party refuted claim of the complainant and admitted to the extent that opposite party bank had sanctioned loan under PMMY scheme but agreed to be repayable with interest @ 10.90% p.a. in 36 monthly installments each of Rs.1429/- only per month.  However, 34^th month and 35^th month installment was of Rs.1414/-  The rate of interest was agreed to be variable which was still 10.90% p.a. with monthly rest.   It  was submitted that no doubt that the complainant had lodged complaint with RBI for providing copies of loan documents but as submitted above the copy of statement of account alongwith copies of documents were already provided to the complainant.  But inspite of supply of documents and statement of account, complainant failed to clear the bank dues and for which opposite party bank was legally entitled to recover the same from the complainant. It was submitted that since complainant remain irregular and defaulter in repayment of the loan of the answering opposite party, therefore, according to bank’s rules and regulations the account  of the complainant declared as NPA. As per the banking system the person who remain irregular and defaulter

in repayment of bank’s loan and his account was declared as NPA, will not be entitled to obtain loan from any of the bank.  Opposite party denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.

3.                The parties led evidence in support of their respective versions.

4.                 We have heard learned counsel for the parties and have gone through the record on the file.

5.                In this case the complaint was filed by the complainant against opposite party – SBI with the prayer to: a)  waive off the interest and other charges of the loan account No. 37777738359 and not to NPA/hold of the account of the complainant as the complainant was ready to pay the actual amount.  b)pay Rs. 2,00,000/- as compensation for causing mental agony and harassment . c) pay Rs. 21,000 /-as litigation expenses

                    To establish his case, the complainant has led his evidence Ex.CW-1 – legal notice, Ex.CW-2 – postal receipt, Ex.CW-3 – Statement of account.

                   On the other hand, counsel for the opposite party strongly agitated and opposed.  As per the evidence of the opposite party, Ex. RW1/A – affidavit of Smt. Geeta Sapra, Chief Manager, State Bank of India, Neelam –Bata Road, NIT, Faridabad,, photocopies of Statement of Account,, letter of Arrangement, legal notice.

6.                During the course of arguments, complainant  Ms. Neelam has made a statement that she will pay the remaining amount  against the loan with simple interest and other expenses I will not pay.  N.P.A/hold of the account of the

complainant may kindly be released.  She wants to claim only harassment and litigation charges.

7.                On the basis of the statement of the complainant, the complaint is disposed off with the direction to the complainant to pay the remaining amount against the loan  with simple interest @ 6% p.a. from the respective dates within 30 days  from the date of receipt of copy of order.  After receipt the above said amount from the complainant, Opposite party is  also directed to release the N.P.A/hold account of the complainant.  In the interest of justice, opposite party   is directed pay Rs.2200/- as compensation for causing mental agony and harassment & also pay Rs.2200/- as litigation expenses.  Compliance of this order be made within 30 days from the date of receipt of copy of order. File be consigned to the record room.

Announced on:  06.10.2021.                                            (Amit Arora)

                                                                                              President

                        District Consumer Disputes

           Redressal  Commission, Faridabad.

                                                                  ( Sujata Pruthi)

                       Member

          District Consumer Disputes

                                                                                 Redressal Commission, Faridabad.