BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.258 of 2016
Date of Instt. 14.06.2016
Date of Decision: 01.08.2017
Jaspreet Singh s/o S. Charanjit Singh Resident of J-30 Partap Nagar, Vill. Bootan, Jalandhar City.
..........Complainant Versus
1. The Chairman State Bank of India having Head Office at Bandra East, Mumbai.
2. State Bank of India stressed assets Recovery Branch through its Assistant General Manager having controlling Office at Sco 20, B Block, Ranjit Avenue, Amritsar.
3. State Bank of India stressed assets recovery branch through its Assistant General Manager having office at main branch bldg, 2nd Floor, Jalandhar City.
4. State Bank of India Basti Sheikh Branch Jalandhar City through its Branch Manager.
5. State Bank of India Khurla Kingira Branch Jalandhar City through its Branch Manager.
….… Opposite parties
Complaint Under the Consumer Protection Act.
Before: Sh. Karnail Singh, (President),
Sh.Parminder Sharma (Member)
Present: Sh. Bipan Modi, Adv. Counsel for the complainant.
Sh. AK Arora, Adv. Counsel for the OP No.1 to 5.
Order
Karnail Singh (President)
1. The instant complaint filed by the complainant, wherein alleged that the complainant is having a saving account No.30814689741 in bank of OP at Basti Sheikh, Jalandhar City Branch. That during the routine course of banking complainant applied a personal loan of Rs.1.00 lacs to OP i.e. State Bank of India and later on it was sanctioned and disbursed by the Khurla Kingra Branch Jalandhar under loan account No.30101985648. The complainant after utilizing the loan repaid some of the installments but due to some unavoidable circumstances, complainant could not pay the entire liability as per the agreement signed by the complainant and the account became NPA. After categorizing under NPA, the bank sent a one time settlement letter to clear the outstanding amount on 12.11.2013, which was accepted by complainant on 18.11.2013 and submitted to the bank officials along with the token amount of Rs.6000/- and the settled amount offered by the bank was Rs.30,692/-. After getting a consent from complainant, the OP submitted the application to the Court of Sh. SK Goyal, in National Lok Adalat on 23.11.2013 at Jalandhar City and after recording the statements of both the parties, the Court passed the award and directed to pay the rest of the amount as per the terms settled/mentioned in the letter dated 12.11.2013. The complainant after receiving the copy of the said award and deposited the rest of the amount along with interest for the three months which amounts to Rs.25,557/- on 20.02.2014 and the OP had accepted the same and the copy of the said receipt is attached herewith and it is pertinent to mention here that as per the award of the Court, the complainant deposited the amount of Rs.30,692/-, after deducting the token amount of Rs.6000/-, already deposited as full and final settlement.
2. That as mentioned above complainant is maintaining/operating saving account in OPs Bank Basti Sheikh Branch and maintaining it regularly and on 09.05.2016, the complainant gave a request letter to the OP to shift the said account to their Mithapur Branch and on processing the said application, the branch manager Sh. Kundan Kumar told the complainant that there is a outstanding amount of Rs.55,683/- standing in your loan account till date under AUCA account No.34492206270 in Sarb Office of SBI at main branch premises and the Branch Manager Sh. Kundan Kumar remarked on the said application regarding outstanding balance in AUCA account and copy of the said application and remarks mentioned and signed by the branch manager is attached. In order to clear the fact, branch manager Sh. Kundan Kumar even talked to one Mr. Pawan Kumar posted at SARB in context of this all and Pawan Kumar also confirmed that the said amount is still pending and the person even talked to the complainant and urged to deposit the amount and clear the loan. That on 12.05.2016, complainant again called the OP SARB Manager Sh. Pawan Kumar regarding the loan account and then he told the complainant that the account has been closed and collect the NOC in this regard and complainant then visited the SARB Office/OP and received the NOC after countersigning the acknowledgment and complainant enquired about the security cheques, which were taken by the OP from the complainant at the time of disbursal of the loan but the OP denied regarding having any cheque in loan file and the OP/Sh. Pawan Kumar, officer, assured the complainant not to worry now, the loan account is closed and cheques, if found will not be misused and then the complainant left the SARB office, after getting the NOC but without receiving the cheques, which were blanked and were submitted as a security. Whereas as per information provided by complainant while disbursing the loan amount, the officer/OP taken 10 blank signed cheques. Now the OP in the SARB denied having any cheque, which is unexpected and unbelievable. It is the first and foremost duty of the bank to close the loan account in the books of the bank when it is settled and adjusted but staff of the OP failed to do the same and due to this negligence/irresponsibility, complainant suffered harassment, humiliation and embarrassment which the complainant does not deserves and expected from the OP having a good repute and further submitted that due to the aforesaid negligence and deficiency in service, the instant complaint filed with the prayer that the OP be directed to pay Rs.5 lakh on account of damages/compensation for harassment, mental agony and mental tension to the complainant and further requested to direct the OPs to pay litigation expenses to the tune of Rs.20,000/-.
3. Notice of the complaint was given to the OPs who filed written reply and took preliminary objections that there is no deficiency of service or unfair trade practice on the part of the OPs and that being so, the present complaint is liable to be dismissed with costs and further alleged that the complainant is estopped by his own act and conduct from filing the present complaint against the OPs. On merits, Para No.1 to 7 are reply in the manner that it is matter of record and in Para No.8, it is admitted that the complainant requested to transfer his saving bank account to Mithapur Branch, which is a matter of record and further denied that Branch Manager Sh. Kundan Kumar told the complainant that an amount of Rs.55,683/- is outstanding in the loan account of the complainant. However, the remarks made on the application by Sh. Kundan Kumar, Branch Manager is a matter of record. In fact, Sh. Kundan Kumar, Branch Manager has asked the officials of Stressed Assets Recovery Branch, Jalandhar to close the account, which has not been closed due to inadvertence, clerical mistake and completion of formalities for closure of account because of one time settlement, so that the account of the applicant may be transferred to Mithapur Branch. The remaining allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merit and the same may be dismissed.
4. In order to prove the case of the complainant, complainant himself tendered into evidence his duly sworn affidavit Ex.CA alongwith some documents Ex.C1 to Ex.C11 and closed the evidence.
5. Similarly, counsel for OP No.1 to 5 tendered into evidence affidavit Ex.O1 and closed the evidence.
6. We have heard the learned counsel for the respective parties and also gone through the case file very minutely.
7. After considering the over all circumstances as elaborated and described in the pleading of both the party, which shows that a taking of loan of Rs.1,00,000/- by the complainant from the OP Bank is admitted and it is also admitted that the complainant becomes defaulter and according to a letter dated 12.11.2013, the complainant was called to make one time settlement and accordingly by filing an application before National Lok Adalat, the matter was settled that complainant will pay one time settlement an amount of Rs.30,692/- and accordingly the complainant paid the said amount on 20.02.2014, to this extent the contents are not in dispute.
8. The dispute in this case is only that the complainant deposited the entire amount on 20.02.2014 as agreed between the party before the National Lok Adalat but despite that the OP was showing outstanding amount of Rs.55,683/- and even No Due Certificate was not issued to the complainant for want of outstanding loan amount of Rs.55,683/- and even the request of the complainant for transferring his account from one branch to other branch was also declined due to outstanding loan amount and this factum has been admitted by the OP in reply, in Para No.8 that the loan account of the complainant has not been closed due to inadvertence, clerical mistake and completion of formalities for the closure of account but when the OP himself admitted that the account of the complainant was not closed and NOC was not issued till 2016, for a period of 2 years which is apparently deficiency in service and further the OP has not returned the 9 blank cheques, which were taken at the time of disbursement of loan, as a security and admittedly the same was returned to the complainant alongwith the reply of the legal notice. So, from all the angles, it is established that there is deficiency in service on the part of the OPs and therefore complainant is entitled for the relief claimed.
9. In the light of above detailed discussion, the complaint of the complainant is partly accepted and OPs are jointly and severely liable to indemnify the complainant by making a payment of compensation to the tune of Rs.25,000/- and also liable to pay litigation expenses of Rs.5000/-. The entire amount be paid within one month from the date of receipt of the copy of order, failing which the OPs are liable to pay interest on the aforesaid total amount of Rs.30,000/- @ 9% per annum from the date of filing the complaint till realization. Complaint could not be decided within stipulated time frame due to rush of work.
10. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Parminder Sharma Karnail Singh
01.08.2017 Member President
