West Bengal

Siliguri

30/S/2014

SRI SUBHABRATA PALCHOUDHURY - Complainant(s)

Versus

THE CHIEF MANAGER - Opp.Party(s)

08 May 2015

ORDER

IN THE COURT OF THE LD. DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT S I L I G U R I.

 

CONSUMER CASE NO. : 30/S/2014.                DATED : 08.05.2015.   

             

BEFORE  PRESIDENT              : SRI BISWANATH DE,

                                                              President, D.C.D.R.F., Siliguri.

 

 

                      MEMBER                : SRI PABITRA MAJUMDER.

 

COMPLAINANT                 : SRI SUBHABRATA PALCHOUDHURY,  

  S/O Late Kalipada Palchoudhury,

  Smt. Sangita Palchoudhury,

  W/O Sri Subhabrata Palchoudhury,

  Both are residing at “Himalayan Orchid”,

  1^st Floor, Ramkrishna Complex,

  P.O. & P.S.- Pradhannagar, Siliguri,

  Dist.- Darjeeling,

                                                              

O.Ps.             1.                     : THE CHIEF MANAGER,

  Central Bank of India,  

                                                              Hill Cart Road, Siliguri,

  P.S.- Siliguri, Dist.- Darjeeling.

                                                               

 

Proforma   OP       2.                     : LIFE INSURANCE COMPANY OF INDIA,

  Sevoke Road, Siliguri,

                                                              Dist.- Darjeeling.

                                                           

                                                                                                                                                                  

FOR THE COMPLAINANT         : Sri P. K. Pal, Advocate.

 

FOR THE OP No.1                          : Sri P. K. Ghosh, Advocate.

 

 

J U D G E M E N T

 

 

This case has been instituted at the behest of allegation of the complainant regarding Central Bank of India.  The case germane in the complaint is that this petitioner took H/B Loan on 31.10.2014, limit of Rs.15,00,000/- only.  The terms and conditions were determined as per agreement.  The complainant deposited original Life Insurance Policy

 

Contd……P/2

-:2:-

 

No.452592664, 48003296, 451966422 and 452593254 as securities for that loan.  The loan account number is 1276449602.  The probable installments were fixed 108 installments.  It came to notice of the complainant that bank was charging penal interest against repayment of loan.  It is further case of the complainant that cheque no.0880630 dated 24.04.2007 amounting Rs.20,000/- received from the LICI.  Said money has not been credited to the loan amount.  The Central Bank OP kept the amount in suspense account.  On being requested adjustment was not done and Rs.20,000/- was kept in suspense amount.  The complainant requested the Chief Manager to adjust the account, but no result.  Lastly on 28.12.2013 the complainant requested the OP to settle the amount of Rs.20,000/- but the bank did not keep the request.  Such omission on the part of the bank disturbed the complainant to suffer tension and mental agony.  Deficiency of service on the part of the bank depressed the complainant.  Hence, the complainant has come up before this Forum with reliefs laid down in para 12. 

The OP, Chief Manager, Central Bank of India has filed written version denying inter-alia all the material allegations that the positive version is that the bank told the complainant that the amount of Rs.20,000/- would be adjusted in the loan account at the time of payment of large installment.  Further case is that the complainant failed to pay his monthly installment of his house building loan for which penal interests were charged.  The charging of penal interest had no nexus with the amount Rs.20,000/- which was not credited in the loan account of the complainant.  There is no deficiency in service on the part of the OPs and as such the petition is liable to be dismissed.

The complainant has filed some documents. 

1.       Complainant dated 29.08.2012 addressed to the Chief Manager, Central bank of India.

2.       Reminder dated 25.12.2013 addressed to Regional Manager, Central Bank of India.

Contd……P/3

-:3:-

 

3.       Statement of Account No.1276449602 from 01.04.11 to 15.05.13.

 

OP Bank has also filed some documents. 

 1.      Photocopy of Computerized statement loan account of the complainant.

2.       Photocopy of statement showing interest month wise on the amount of Rs.20,000/-.

3.       Photocopy of interest rate history chart in A/C No.1276449602 (H B Loan) from 05.05.2007 onwards. 

 

Points for decision

 

1.       Whether the bank did not credit Rs.20,000/- in the account of the complainant.

2.       Whether the bank applied penal interest. 

 

Decision with reason

 

Plain reading of complaint and written version of the OPs shows that the granted house building loan to the complainant.  There was agreement between the parties.  OP sanctioned a loan as per terms and conditions in the agreement. 

It is also admitted by the OP bank vide para 9 that the OP bank got cheque no.08806 dated 24.04.2007 amounting Rs.20,000/-.  In para 9 & 10 the OP bank prior to 14.07.2014 the said Rs.20,000/- was kept elsewhere outside the loan account of the complainant.  The said cheque was received by the bank on 24.04.2007, but the bank did not credit Rs.20,000/- in the account of the complainant.  The admitted fact in para 10 & 11 shows that money back LIC policy assigned to the Central Bank of India, Siliguri Branch, as security for repayment of the house building loan that does not mean that bank shall credit the amount of Rs.20,000/- got in money back LIC policy would keep elsewhere without

 

Contd……P/4

-:4:-

 

the consent of the complainant and without any terms in the alleged agreement.  So, the complainant had every reason for tension regarding where about of Rs.20,000/-.  It is only on 14.07.2014 that OP credited Rs.20,000/- in the house building loan account of the complainant.  The case was instituted on 13.05.2014. 

The OP has taken plea of penal interest.  In absence of any document the statement of penal interest cannot be imagined.  The statement submitted by the complainant has been issued by the OP bank.  The statement shows imposition of penal interest.  But there is no reason to allow this penal interest.  Without perusal of the express agreement between the complainant and the OP bank.  There is no explanation regarding Rs.20,000/- received by the OP bank wherein that money was kept.  Such act itself shows that Central Bank authorities did not apply their mind to keep the statement of accounts up date condition.  Bank authorities is explaining on their own accord that there is no reason of tension but such apprehension wherein a cheque of Rs.20,000/- remained untraced, there is adequate cause of tension for hard earning money for the complainant, as per argument of ld advocate of the complainant.  The ld advocate of the bank reasonably failed to show the cause and right of the OP bank to use that cheque amount of Rs.20,000/- outside the account.  The arguments of the OP bank failed to fill up the lacuna in the statement of OP bank in para nos.9, 10 & 11.  Some statements in para no.9 have important some unexpected term regarding future incident. 

Therefore, the act of the OP bank itself shows that the bank authorities acted without undue care and attention which is expected for a reasonable man to have.  Such act obviously is deficiency in service to the customer. 

It is customer for whom bank has been created.  It is the customer by whom the bank is kept alive.  In this respect, bank owes some

 

Contd……P/5

-:5:-

 

responsibilities to the customer and bank must give response to the call of the customer in all respect.  But herein the bank authorities the OPs failed to act for the customer complainant.  So, there is deficiency in service on the part of the OP bank.

Accordingly, the material on records, and circumstances, in which this case got the day light on 13.03.2014 succeeds on contest. 

Regarding the relief, laid down in complaint is taken to be considered.  The cheque amount of Rs.20,000/- deserves to be refunded to the complainant.  The complainant is entitled to get interest @ 12% per from May, 2007 to February, 2014 on the ground that the complainant got the cheque in the month of May, 2007, but it was kept elsewhere and in the month of March, 2014 it is alleged to be given in the A/C account of the complainant.  So, the complainant is entitled to get Rs.16,400/-.

Facts, written averments surfaced in the statement of both sides, without hesitation, can be considered causing mental agony and harassment for which the complainant is entitled to get just an adequate compensation.

The Forum thinks that if Rs.10,000/- is allowed, then that can alleviate the mental agony and harassment of the complainant. 

Moreover, as per record, it is the OP bank who has dragged this complainant before this Forum, has suffered pecuniary loss to conduct the proceedings.  So, in our opinion Rs.6,000/- as prayed by the complainant is suffice, to fill up the said pecuniary loss.

Accordingly, it is

                             O R D E R E D

that the Consumer Case No.30/S/2014 be, and the same is hereby allowed on contest.

The complainant is entitled to refund the cheque amount of Rs.20,000/-. 

 

Contd……P/6

-:6:-

 

The complainant is entitled to get Rs.16,400/- towards interest of the cheque amount.

The complainant is further entitled to get Rs.10,000/- for mental agony and harassment. 

The complainant is also entitled to get Rs.6,000/- for pecuniary loss. 

The OP, Chief Manager, Central Bank of India, is directed to refund the cheque amount of Rs.20,000/- (Twenty Thousand rupees only) by issuing an account payee cheque in the name of the complainant within 45 days of this order. 

The OP, Central Bank of India, is further directed to pay Rs.16,400/- by issuing an account payee cheque in the name of the complainant for interest of the cheque amount within 45 days of this order.

The OP, Central Bank of India, is further directed to pay Rs.10,000/- by issuing an account payee cheque in the name of the complainant for mental agony and harassment within 45 days of this order.

The OP, Central Bank of India, is also directed to pay Rs.6,000/- by issuing an account payee cheque in the name of the complainant for pecuniary loss within 45 days of this order.

Failing which the amount will carry interest @ 9 % per annum from the date of filing the petition before this Forum till final payment is made.

In case of default of payment as ordered above, the complainant is at liberty to execute this order through this Forum as per law. 

Copies of this judgment be supplied to the parties free of cost.

 

 

                         -Member-                               -President-