Tamil Nadu

North Chennai

CC/45/2015

R.Manimaran - Complainant(s)

Versus

The Chairman, SBI - Opp.Party(s)

party in person

20 Apr 2018

ORDER

 

                                                            Complaint presented on:  20.02.2015

                                                                Order pronounced on:  20.04.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

        PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

              THIRU. M.UYIRROLI KANNAN B.B.A., B.L.,      MEMBER - I

 

FRIDAY  THE 20^th DAY OF APRIL 2018

 

C.C.NO.45/2015

 

 

R.Manimaran IRS.,

F.No.114 A Rostrevor Gardens,

Railway Officers Enclave,

363, Anna Salai, Teynampet,

Chennai – 600 018,

Working As,

Deputy Chief Mechanical Engineer,

Head Quarters Office, Southern Railway,

Park Town,Chennai – 600 003.

                                                                                    ….. Complainant

 

..Vs..

1.The Chairman,

State Bank of India,

Head Office, Vidhan Bhavan Marg,

Nariman Point, Mumbai.

 

2.The  Chief General Manager,

State Bank of India,

Local Head Office,

No.16, College Road,

Nungambakkam, Chennai – 600 006.

 

 

3.The Chie Manager,

State of Bank  of India,

Park Town Branch,

Chennai – 600 003.

 

4.The Chief General Manager,

State Bank of India,

Local Head Office,

S.S.Kovil Road,

Thampanoor, Trivandrum – 695 001.

 

5. The Assistant General Manager,

State Bank of India,

Retailed Asset Credit & Processing Cell,

LMS Compound,

Trivandrum – 695 033.

 

6.The Branch Manager,

State Bank of India,

Thampanoor Branch,

Ramakrishna Buildings,

Manorama Road, Trivandrum – 695 001.

 

.....Opposite Parties

Date of complaint                                 : 04.03.2015

Counsel for Complainant                       : Party in Person

Counsel for Opposite Parties                    : M/s. K.Kumaran,

                                                                     Kavitha, Audikesavalu and

                                                                     R.Vigneswaran

 

 

 

 

 

 

 

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant to direct the opposite parties to refund the collected amount of Rs.5,000/- on 09.04.2014 and also to pay compensation for deficiency in service and mental agony with costs of the complaint u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The complainant was working as Deputy Chief Mechanical Engineer in Southern Railway, at Thiruvananthapuram during the year 2004. At the time he opened a Savings Bank Account with the 6^th opposite party. His salary has been credited in the said account. The complainant availed Education Loan a sum of Rs.2,99,765/- in that branch. For the said loan a sum of Rs.1,500/- was recovered towards interest from September 2004 to May 2012. At request of the complainant the EMI has been enhanced to Rs.14,650/- through ECS clearance from 10.03.2012 along with Rs.1,500/- till 05.05.2012.

          2. The complainant was transferred to Chennai and his account was also transferred to Park Town Branch, Chennai / 3^rd opposite party. On 28.09.2013 the complainant went to Coimbatore where he went to withdraw some money SBI ATM and got reply insufficient funds, sorry unable to process even though fund was available. On return to Chennai he approached the 3^rd opposite party, but he has not replied properly. Further, the ECS clearance for Rs.7,295/- towards HDFC personal loan on  07.01.2013, Education Loan for Rs.9,600/- on 10.10.2013,  and  Rs.5,000/- towards EMI  on the same day were also held up and a cheque for Rs.800/- was returned. The complainant sent legal notice on receipt of the same.  The 6^th opposite party replied that his account has been freezed and holding a sum of Rs.1,36,000/-. After making Pass Book entry on 26.02.2014 from the 6^th opposite party bank, the complainant came to know that on 23.09.2013  the opposite parties debited a sum of Rs.79,000/- and made zero balance on 10.02.2014.

          3. The complainant was regularly paying the EMI a sum of Rs.5,000/- per month on 08.04.2014  and the complainant remitted the EMI amount at the 3^rd opposite party branch. It was stated that the account was discharged and refused to EMI payment and advised to contact to the SBI Thambanoor Branch/6^th opposite party. On 09.04.2014 the complainant remitted the EMI of Rs.5,000/- at the 5^th opposite party branch and they received the EMI with a noting that charges on written of account. The said payment was not figured in Ex.A24 statement of account dated 03.05.2014. The 5^th opposite party suppressing the above facts issued legal notice dated 29.03.2014 to the complainant that he is a chronic defaulter and a penniless. The 5^th opposite party in order to harass the complainant filed a pre- litigation before the District Legal Service Authority, Thiruvanathapuram and the same has been listed in the Mega Lok Adalat which was held on 14.02.2015 at Thiruvananthapuram.  The above act of the opposite parties clearly establishes that he committed deficiency in service and made unfair trade practice to the complainant and thereby caused mental agony to him. Hence the complainant filed this complaint to direct the opposite parties to refund the collected amount of Rs.5,000/- on 09.04.2014 and also to pay compensation for deficiency in service and mental agony with costs of the complaint.

 

 

4. WRITTEN VERSION OF THE  OPPOSITE PARTIES IN BRIEF:

          The opposite parties admits that the complainant had a Savings Bank Account at  the 6^th opposite party Branch and his salary was credited in that account while he was working at Thiruvananthapuram. He had availed Education Loan and agreed to pay EMI of Rs.6,916/- from 02.08.2008 in 84 monthly installments. The payment towards education terms loan was falling short of the interest payable, resulting in that term loan being classified as a non- performing asset in terms of the directives of the RBI. Since the entire amount outstanding, the computer system ceased to apply interest from 31.12.2012 onwards and the opposite parties entitled to recover the outstanding till realizing in full. The complainant was shifted to Chennai and continues to receive his salary in the same account of the 6^th opposite party. The 5^th opposite party  (RACPC) set hold for Rs.1,36,000/- on 29.03.2013 in the complainants Savings Bank  account, in order to ensure that the amount require for repayment towards outstanding of the education term loan. The complainant was fully explained about the status of his account by the Chief Manager of the 3^rd opposite party branch, when he approached him. The complainant transferred his Savings Bank Account to the Park Town Branch at Chennai in gross violation undertaking given by him at the time of availing the Education Loan, the complainant did not remit the dues remaining in respect of his Education Loan and hence the 5^th opposite party construed to transfer the sum of Rs.79,000/- from the complainant account to the Education Loan on 06.01.2014. The opposite parties also issued notice dated 18.03.2014 to the complainant to pay a sum of Rs.2,39,417/- towards the outstanding as on 15.03.2014 towards the loan availed by him. The petition also filed by the opposite party in the District Legal  Services Authority, Thiruvananthapuram for recovery of the outstanding. Only as a counter blast the complainant has filed this complaint with ulterior motive. Though the EMI is a sum of Rs.6,916/-, the complainant unilaterally remitted lesser amount. All re-payments made by the complainant from time to time have been properly accounted in the Statement of Account and the complainant cannot claim the return of Rs.5,000/- paid  him on 09.04.2014 towards   re-payment. The opposite parties were fully aware of lien and they exercised the same. The opposite parties have not committed deficiency in service and pray to dismiss the complaint with costs.

5. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite parties?

          2. Whether the complainant is entitled to any relief? If so to what extent?

6. POINT NO :1 

          The admitted facts  are that the complainant while working as a Deputy Chief Mechanical Engineer in Southern Railway at Thiruvananthapuram  in the year 2014, he had opened Savings Bank Account No.10063961105 at State Bank of India, Thampanoor Branch, Thiruvananthapuram/6^th opposite party and his salary was credited in the said account and the complainant had applied  Ex.B1 application for education loan on 18.07.2004 for a sum of Rs.2,99,765/- and the complainant  also executed Ex.B2 agreement letter and Ex.B3 agreement for term loan in favour of the 6^th opposite party and  the complainant was paying 1,500/- per month towards the loan account interest and thereafter he was transferred to Chennai  and he has also transferred his account to the 3^rd opposite party/Chennai branch and the complainant had been  to Coimbatore on 28.09.2013 when he attempted  to draw money through ATM, he received response “sorry unable to process” and further the cheque for Rs.800/- and EMI for personal loan were also not honoured and the same were held in  and  when approached the 3^rd opposite party and enquired, he came to know that the 6^th opposite party branch held the account and in view of that the same was not honoured and thereafter exchange of letters and notices the complainant filed this complaint.

7. The complainant alleged deficiency against the opposite parties is that as per Ex.A1, he had increased EMI to Rs. 14,650/- and however without his consent the EMI was reduced to a sum of Rs. 5,000/- and the 5th opposite party has withhold his account and could not operate the same and further he noted his account has NPA and because of that holding the account his cheque for the value of Rs.800/- was bounced and thereby the opposite parties have committed deficiency in service.

          8. According to the complainant he gave Ex.A1 authorization for 30 months to deduct Rs.14,650/-. However, the said amount was deducted only for three months from March 2012 to May 2012. Thereafter the opposite party reduced the EMI to Rs.5,000/-  without the consent  of the complainant. The complainant filed Ex.A24 Statement of Account in respect of repayment loan amount. In the said Statement of Account the complainant paid Rs.5,000/- from 10.06.2012 to 10.03.2014. The said payment of Rs.5,000/- was made by way of deposit. Therefore the allegation of the complainant that the 3^rd opposite party deducted only Rs.5,000/- instead of  Rs.14,650/- is not correct. Since he made payment of Rs.5,000/- by deposit  that was received by the bank. Therefore in this regard the opposite parties have not committed any deficiency in service.

          9. The next deficiency is alleged the 6^th opposite party with hold the account and the complainant was unable to operate the same. According to the 6^th opposite party the complainant is not a regular payment and the loan amount is overdue and hence we held the account. In Ex.B3 the EMI payable is Rs.6,916/- in 84 months. The complainant would argue the EMI mentioned in Ex.B3 was not mentioned in Ex.A30 agreement copy given to him. In Ex.A1 standing instructions to deduct Rs.14,650/- the acknowledgement of the  3^rd opposite party was not found. Further before filing this complaint the 6^th opposite party initiated action in the legal service authority, Thivanathapuram in January 2015 itself in Ex.B7 to recover a sum of Rs.3,78,039.06/-. For the said outstanding due to the bank followed by the same, Ex. B8 suit also filed at the District Munsif, Thiruvanathapuram   to recover the amount from the complainant. This circumstance proves that due to overdue only the 6^th opposite party has with hold the account of the complainant and therefore with holding the account cannot be construed as the deficiency on the part of the opposite party.

          10. The complainant next submitted that in Ex.A24 Statement of Account at page 61 end of the account it is mentioned as and therefore the loan account is not subsists and the entire loan has been closed and he is not liable to pay any amount and hence he is entitled for refund of sum of Rs.5,000/- paid on 09.04.2014. The said payment of Rs.5,000/- credited in the complainant’s account in Ex.B10 account statement filed by the opposite parties. Hence the complainant is not entitled for refund of the said amount of Rs. 5000/-Admittedly the 6^th opposite party treated that account as NPA due to nonpayment of loan amount. It is not the case of the complainant that he had paid   entire loan borrowed by him with interest to the 6^th opposite party. Merely because the account was treated as NPA and it was written as in the statement is not liable to pay any amount by the complainant is not accepted. The 6^th opposite party even before filing this complaint he had taken action to recover the loan amount by filing Ex.B7 application before the District legal service authority at Thiruvanathapuram. Later he also filed Ex.B8 suit to recover the amount from him. The complainant  is due to pay to the loan borrowed  by him for his education loan is liable to pay or not can be decided only in the Civil Suit filed by the 6^th opposite party and not in this petition. Therefore considered the circumstances of the entire case the nature of the deficiency alleged by the complainant is civil in nature and same could be decided only in the pending suit and therefore we hold that the opposite parties have not committed any deficiency in service to the complainant.

11. POINT NO:2

Since the Opposite Parties have not committed any Deficiency in Service, the Complainant is not entitled for any relief and the Complaint is liable to be dismissed.

          In the result the Complaint is dismissed. No costs.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 20^th day of April 2018.

 

MEMBER – I                                                                PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 21.02.2012	Complainant standing instructions to 3rd respondent
Ex.A2 dated 28.09.2013	Coimbatore SBI ATM slip and mini statement of complainant SBI SB Account No.10063961105
Ex.A3 dated 28.09.2013	Coimbatore Canara Bank ATM slip and mini statement of complainant SBI SB Account No.10063961105
Ex.A4 dated 30.09.2013	Complainant letter to 3rd respondent
Ex.A5 dated 01.10.2013	Complainant letter to 3rd respondent
Ex.A6 dated 01.10.2013	Complainant letter to 6th respondent
Ex.A7 dated 01.10.2013	Complainant Legal Notice to 3rd and 6th respondents
Ex.A8 dated 01.10.2013	Canara Bank ATM slip and ,mini statement of complainant SBI SB Account 10063961105
Ex.A9 dated 02.10.2013	SBI ATM slip and mini statement of complainant SB Account
Ex.A10 dated 10.10.2013	3rd respondent letter to complainant that SBI Account was hold by SBI Thampanoor Branch
Ex.A11 dated 12.10.2013	Karur Vysya Bank letter that complainant SB Account cheque No.674418 dt. 05.09.2013 for Rs.800/- was returned due to insufficient funds
Ex.A12 dated 17.10.2013	Complainant letter to Chief Personnel Officer Southern Railway to change complainant salary drawal to other bank of thro’cheque
Ex.A13 dated 17.10.2013	HDFC bank letter to complainant to pay EMI as the ECS of EMI Rs.7,295/- is not cleared by 3rd respondent SBI park town branch
Ex.A14 dated 22.10.2013	HDFC bank legal notice to complainant
Ex.A15 dated 22.10.2013	Southern Railway letter to 3rd respondent for no objection to change complainant salary drawl bank to other bank and 3rd respondent’s  “No Objection & No due Certificate”
Ex.A16 dated 06.11.2013	SBI ATM slip and mini statement of complainant SB accounts
Ex.A17 dated 19.11.2013	SBI ATM slip and mini statement of complainant SB Account
Ex.A18 dated 10.03.2014	Pay in slip of 3rd respondent SBI park town branch Rs.5,000/- towards complainant education loan account
Ex.A19 dated 13.03.2014	Discharge and written off complainant education loan account Statement by 5th & 6th respondents
Ex.A20 dated 18.03.2014	5th respondent RACPC legal notice to complainant to clear overdue outstanding amount of complainant education loan account which was discharged/written off on 13.03.2014
Ex.A21 dated 29.03.2014	Legal Notice of the complainant to respondents
Ex.A22 dated 08.04.2014	Pay in slip for Rs.5,000 the EMI, at 3rd Respondent and not accepted that complainant education loan account was discharged
Ex.A23  dated 09.04.2014	Pay in slip at 6th respondent for Rs.5,000/- and accepted with remark “Charges written off account and the amount Rs.5,000/- is not accounted in the complainant education loan account which was discharged on 13.03.2014 itself.
Ex.A24 dated 03.05.2014	Complainant education loan statement from 28.08.2014 to 03.05.2014 in which on 13.03.2014 the complainant education loan account was discharged/written off
Ex.A25 dated 31.10.2014	Complainant letter to 3rd respondent to close complainant SB account
Ex.A26 dated 05.01.2015	5th respondent legal notice to complainant
Ex.A27 dated 17.01.2015	Complainant letter to respondents
Ex.A28 dated 28.01.2015	Prelitigation notice for Lok Adalat
Ex.A29 dated NIL	Pass Book entries
Ex.A30 dated 02.08.2004	Agreement for term loan for education loan scheme without entry in clause 4 (1), (ii)
Ex.A31 dated 12.05.2012	5th respondent letter on standing instructions to complainant
Ex.A32 dated 21.10.2013	Line programme of complainant – approval
Ex.A33 dated Oct’2013	Travelling allowance journal of complainant for October 2013
Ex.A34 dated 06.05.2014	Regional Manager SBI Letter to complainant
Ex.A35dated 06.05.2014	Statement of loan account from 02.08.2004 to 28.02.2015
Ex.A36 dated 13.04.2015	5th respondent letter to Chief Mechanical Engineer
Ex.A37 dated 05.05.2015	General Manager Southern Railway letter to complainant along with 5th respondent letter dated 13.04.2015 to General Manager/SR

 

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTIES :

 

Ex.B1 dated 18.07.2004	Application for Education Loan
Ex.B2 dated 02.08.2004	Arrangement Letter
Ex.B3 dated 02.08.2004	Agreement for Term Loan
Ex.B4 dated 22.01.2014	Legal Notice
Ex.B5 dated NIL	Internal Administrative instructions on write offs of specified loan assets
Ex.B6 datedm13.03.2014	Internal Office Note for parking outstanding in the Education Term account to the Advance Under Collection Account (AUCA)
Ex.B7 dated January 2015	Petition bearing P.L.No.2334 of 2015 before the District Legal Services Authority.
Ex.B8 dated October 2015	Plaint in suit bearing O.S.No.1994 of 2015 before Munsiff Court at Thiruvananthapuram
Ex.B9 dated NIL	Statement of Accounts  for Education Term Loan Account No.10063991833
Ex.B10  dated NIL	Statement of Calculation of interest in AUCA for amount due

 

 

MEMBER – I                                                               PRESIDENT