Orissa

Cuttak

CC/13/2017

Gurubari Moharana - Complainant(s)

Versus

The Chief Manager,Punjab National Bank - Opp.Party(s)

P K Ray

25 Jun 2019

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.13 of 2017

 

Sri Gurubari Moharana,

At:Kanika Chhaka,Tulsipur,

PO:Tulsipur,Cuttack, at present working as MTS(Daftary)

Central Administrative Tribunal, Cuttack bench,

At:Board of Revenue Building,PO:Chandinichowk,

Cuttack.                                                                                                      .… Complainant.

 

Vrs.

1.       The Chief Manager,Punjab National Bank,

Cuttack Main branch,

At/PO:Choudhury bazaar,Cuttack

 

2.       Punjab National Bank having its Head Office

At:7,Bhikaji Cama Place,New Delhi-110066

Represented through Chief Manager.

                               

3.       Central Administrative Tribunal, Cuttack bench,

Represented through its Joint Registrar,

At:Boardof Revenue building,4^th floor,Cuttack,

PO:Chandinichowk,Cuttack,Dist:Cuttack.

 

4.       Circle Head, Punjab National Bank,

Dindayal Bhaban,

4^th Floor,Janpath,Ashok Nagar,Bhubaneswsar,

Dist:Khurda.… Opp. Parties.

 

Present:               Sri Dhruba Charan Barik,President.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:     30.01.2017

Date of Order:   25.06.2019

 

For the complainant          :    Sri P.K.Ray,Adv. & Associates.

For  O.P.No.1                       :    Sri A.K.Dwibedy & Associates.

For the O.Ps 2,3 & 4           :     None.

 

 

 

Smt. Sarmistha Nath,Member(W).

 

                The complainant being a consumer has filed this complaint before this Forum against the O.Ps for redressal of his grievances U/S-12 of the Consumer Protection Act,1986 (Act in short) in terms of his prayer made in the complaint petition.  The allegation made in the complaint is with regard to deficiency in service provided and unfair trade practice adopted by the O.Ps.

                The case of the complainant in brief is that the complainant is working as a class-IV employee,(Daftary), in Central Administrative Tribunal, Cuttack bench.  The said Central Administrative Tribunal is shaving its account in the O.P No.1 bank as per the policy decision of the principal bench at New Delhi.  Therefore the employees have also opened their account in the O.P No.1 branch so that it becomes convenient to transfer the salary from the account of CAT to the account of the individual employees.

                The complainant like other employees of CAT is having his S.B Account in the O.P No.1 bank.  The bank decided to provide term loan to the interested employees of CAT.  Some employees including the complainant availed term loans from the O.P No.1.  The complainant entered into an agreement for the said term loan on 20.01.2007 for a loan amount of Rs.2,51,000/- (two lakhs fifty one thousand) and the said amount was payable with interest @ 11% and in 120 monthly installments @ Rs.3459/- per month.  The complainant’s loan account no. is 009900NB00000387.  Since the group of employees had availed similar loan, the office of CAT used to deduct the installments of the loan amount from the salary of each employee and remit the same by way of common cheque and accordingly installments were paid almost in each month.

                The repayment of loan started one month after the date of disbursement of loan and in the meantime all the 120 installments have been paid.  But the O.P No.2 bank is claiming more amounts without explaining the statement of account of the complainant’s loan account and is acting arbitrarily by attaching the salary account of the complainant and deducting the entire amount of the salary and threatening that the complainant would not be allowed to take any amount from the salary account in which the salary amount is credited. 

                The complainant was told by the Bank that the CAT has not paid the installments from the period from February,2015 to March,2015.  The complainant made a representation before his employer, the CAT and the D.D.O of the C.A.T vide his letter dt.20.9.2016 informed  and clarified that the said amount have been paid by cheques and the details of such payments were explained to the O.P No.1 bank.  But the O.P.1 is deliberately harassing the complainant and other employees even though the amount has been received by the bank and the bank is not crediting the loan amount in the account of employees and not allowing the employees to draw their salaries from their salary account.  The complainant approached the O.P. bank several times to settle the matter and as it remained unresolved he sent a lawyer’s notice to O.P.1 who ignored the said notice, such action of the bank amounts to deficiency in service.  Copy of notice dt.11.1.2017 is attached.  So the complainant has prayed to declare that the complainant is not liable to pay any amount and the O.P.1 bank be restrained from deducting any amount from the salary account of the complainant and to allow the complainant to withdraw his salary and operate this account without any hindrance and to further direct to pay compensation of Rs.80,000/- and litigation expenses of Rs.10,000/-.

2. The O.P No.2 & 4 neither appeared nor filed their written version.  O.P No.1 & 3 appeared and filed their written version.                The O.P No.3, the CAT in its written version averred that the C.A.T is not involved in any manner with regard to the term loan, however some employees of C.A.T availed term loan and the cashier of the Bench used to collect the E.M.Is and deposited in the bank since September,2005.  On request of the complainant, the cashier stopped collection/deduction of E.M.I since April,2016.  A cheque bearing no CZ69658 dt.27.2.2015 for Rs.10,18,389/- was issued to the bank which included an amount of Rs.3460/- of the complainant for the month of February,2015.  In so far as the deduction of Rs.3460/- for the month of March,2015 is concerned the amount  has been credited to the loan account of the complainant on 6.4.2015 as could be evident from the loan account ledger of the complainant.

                On receipt of complaint from the complainant about non-credit of the monthly installments for the month of February and March,2016, the CAT vide office letter dt.20.9.2016 while confirming the deduction of amount of Rs.3460/- per month for the month of February and March,2015, requested the Chief Manager, Punjab National Bank to look into the missing credits of loan installments of the complainant as could be evident from letter dt.20.9.16.

                Again by making representation, the complainant complained of non-payment of his salary for the month of July,2016.  The matter was verified and it was found that salary cheque in respect of the complainant has already been released to the concerned bank with a request to credit the amount to his bank account through NEFT.  Accordingly the fact w as informed to the complainant.

                The O.P No.1 on the other hand filed written version and raised the question of maintainability on the ground that the relationship between complainant and the O.P comes under commercial transactions.  The O.P No.1 further averred that considering loan application of the complainant, loan was sanctioned and agreement was executed between the parties accepting conditions.  Loan agreement and guarantee deed are attached as Annexure-B series.  When the repayment of installment amount by the complainant was in an irregular manner in violation of loan agreement and the loan account shows an outstanding of Rs.1,71,676/- as on 30.01.2016, the complainant and his guarantor were issued with demand notice to regularize the loan account on payment of over dues. On demand of complainant, the O.P No.1 has issued copy of statement of account reflecting all credit entries received from the CAT authorities.  Copy of statement of loan account and demand notice filed as Annexure-C & D respectively.  The O.P No.1 further averred that the O.P No.1 is not maintaining the salary/savings account of the complainant and  the same is with the State Bank of India and the drawing and disbursing authority of CAT only remit the installments amount from the salary of the complainant to the O.P bank.  As such there is no scope to deal with the salary account of the complainant and the question of attachment of salary of the complainant does not arise at all.  The averments of O.P.1 that the bank is not maintaining the salary/savings account is not disputed by the complainant.  So there is no deficiency in service and unfair trade practice by the O.P No.1.

                We have heard from the advocates of the parties at length and gone through the averments and documents filed by the parties.  Though the complainant has alleged about the attachment of his salary by the bank but has not produced any document to that effect and on the other hand, the O.P No.1 has categorically stated that the PO.P No.1 is not maintaining the salary/savings account of the complainant rather the same is with State Bank of India.  The complainant has not disclosed about the issuance of demand notice to him and his guarantor by the O.P bank with regard to outstanding amount of Rs.1,71,676/- which shows that the complainant has suppressed material facts.  So the complainant has not approached this Forum with clean hands, so he is not entitled to any relief as prayed for.

                                                                                                ORDER

                    The complaint is devoid of any merit and liable to be dismissed.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 25^th    day of June,2019  under the seal and signature of this Forum.

     ( Smt. Sarmistha Nath )

                         Member (W)                                                                                                                                                                                                                                                                                                                                        (Sri D.C.Barik)

                                                                                                           President.