Sri Jagadish Chandra Barman,  Member,

            The facts leading to the filing of the instant case by the Complainant may be stated in brief as follows:-

          Being aggrieved upon the O. Ps., the Complainant [Dhiresh  Biswas]  filed this instant case being no. C.C/09/2022 on 04/01/2022 before the Ld. Commission, Baruipur for proper adjudication and  getting relief[s].   As per statement of the complaint petition, the Complainant has been running  a “ BINAPANI BOOK DEPOT” shop to  maintain livelihood for his family members and himself. In order to  collect money, the Complainant has applied to the O. Ps. to avail a loan of Rs. 7,36,000.00 only  under  the “Mahatma  Gandhi National Gramin Project” in the month of July 2021.

           Then, on 16.8.2021 the O. P. No- 2 informed the Complainant through Gmail about the approval in principle of the loan  of Rs. 7,36,000.00 only and directed the Complainant to contact O. P. No- 1. As per direction of the O. Ps., the Petitioner filed the photo copies of the following documents before the O. Ps.  in order to avail the said loan:-

1. Income Tax Report for the year 2019-20, 2020-21, and 2021-22.
2. Form B-Application for Registration issued by the West Bengal Shops and Establishment Act.
3. Receipt of the Gosaba Gram Panchayet.
4. Possession Certificate dated 22.03.1990 issued by the Junior Land Reform Officer, Gosaba, Govt. Of West Bengal.
5. Aadhaar Card of the petitioner and
6. PAN Card of the petitioner.

          The Complainant stated in his petition that even after the approval, the O.P.  No-2, due to ulterior motive and negligence, did not disburse the said sanctioned loan of Rs. 7,36,000.00 only to the Complainant. Hence, the Complainant has been suffering since then from financial hardship to run “BINAPANI BOOK DEPOT” shop. Again, as per statement , the Complainant had been running then pillar to post in the State Bank of India,  Gosaba Branch; but the O. P. No. 2 did not pay any heed to disburse the sanctioned amount of Rs. 7,36,000.00 only, for which anxiety, mental agony and physical harassment were sustained by the Petitioner/Complainant. The Complainant/Petitioner possesses a Savings Account Pass Book  vide no-20015003596  date of issue-20.01.2009  in the SBI , Gosaba  Branch.  So, according to the Complainant, there is a deficiency in service/unfair trade practice already occurred on behalf of the O. Ps.

           Finding no other alternative, the Complainant/Petitioner has filed this C.C. No- 09/2022 before the Learned District Consumer Disputes Redressal Commission, Baruipur, South 24 Parganas for getting proper adjudication and reliefs as below:-

1. To issue an Order to the O. Ps. to disburse the sanctioned loan of Rs. 7,36,000.00 only to the Petitioner/Complainant immediately;
2. To issue an Order to the O. Ps. to pay compensation amount to the tune of Rs. 1,00,000.00 only to the Petitioner/Complainant for their[O. Ps.]unfair trade practice and deficiency in service;
3. To issue an Order to the O. Ps. to pay litigation cost of Rs. 10,000.00 only to the Complainant/Petitioner; and
4. To issue any other Order to the O. Ps. as the Ld. Commission may deem fit and proper.

      Thereafter, the Ld. Commission has sent the show cause notices upon the O. Ps. and all O. Ps have received the notices satisfactorily. Accordingly, both the Opposite Parties filed their written version on 02.03.2022. As per W. V., the O. Ps. stated that this complaint case is not maintainable and there is no cause of action. This complaint case is based on false, malafide, motivated, misconceived and frivolous allegations. Therefore, this case should be dismissed in limini 2  with exemplary cost.

       The Opposite Parties have stated that there was in-principle approval of the loan. It indicates that the Petitioner must produce, thereafter, the original copies of the required documents for verification before the appropriate authority of the State Bank of India [O. Ps.]. It also indicates that there are certain guidelines of the State Bank of India to be followed by the Petitioner. The O. Ps. has also clearly stated that disbursing of loan is a matter of credit appraisal that is taken according to its business decision. The O. P. has opined that loan cannot be claimed as a matter of right by the Petitioner and SBI has the right to decline disbursement even after approval/ sanctioning of loan for the interest of business of the SBI. According to O. Ps., the Petitioner has never produced the required original documents before the proper authority of the SBI for availing the sanctioned loan of Rs. 7,36,000.00 only.

           Hence, there is no deficiency in service/unfair trade practice occurred on behalf of the O. Ps. and  the Petitioner/Complainant is not entitled to get cost of litigation and compensation amount as prayed for. Therefore, the complaint petition should be dismissed with exemplary cost.

               Upon the above averments of the complaint petition, w. v., evidences, BNAs etc. of both sides, the following points are formulated:-

POINTS FOR DETERMINATION

1].    Is the complainant a ‘Consumer’?

2]    Are the O. Ps.  guilty of deficiency in services,  and unfair trade practice as alleged by the complainant?

3]      Is the complainant entitled to get relief /reliefs as prayed for?

EVIDENCES, W. V. QUESTIONNAIRES & BNAS OF THE COMPLAINANT AND O.Ps.

         The Complainant filed his evidence on affidavit on 31.3.2022, questionnaire on 23.9.2022, BNA on 22.12.2022 ; and the O.P. filed their W. V. on 02.03.2022, Evidence on affidavit on 24.8.2022, questionnaire on  6.5.2022 and BNA on 22.12.2022.

DECISIONS WITH REASONS OF THE POINTS 1, 2 and 3.

        1. In relation to point no. 1, “Is the complainant a ‘Consumer’?”- It is very much relevant to say that the Complainant possesses a Savings Account Pass Book vide no. 20015003596 issued on 20.01.2009 by the SBI , Gosaba  Branch. As per statement of the complaint petition,  the Complainant has been running a “BINAPANI BOOK DEPOT” shop to maintain livelihood for his family members and himself. To collect money, the Complainant has applied to the O. Ps. to avail a loan of Rs. 7,36,000.00 only  under  the “Mahatma  Gandhi National Gramin Project” in the month of July 2021. Then the O. P. No- 2 informed the Complainant on 16/8/2021 through Gmail about the in-principle approval of the loan for working capital of Rs. 7,36,000.00 only and directed the Complainant to contact O. P. No- 1. As per direction of the O. Ps., the Petitioner filed the  photo copies of the required documents like Income Tax Report for the year  2019-20, 2020-21, and 2021-22, Form B-Application for Registration issued by the West Bengal Shops and Establishment Act, Gosaba Gram Panchayet receipt, Possession Certificate dated 22.03.1990 issued by the Junior Land Reform Officer, Gosaba, Govt. Of West Bengal, Aadhaar and PAN Card of the petitioner.  Hence, there is no dispute that Sri Dhiresh Biswas  [Complainant] is a ‘Consumer ` under definition of Section 2 (7) of the Consumer Protection Act 2019

  So point no. 1 is decided in favour of the Complainant and against the O. Ps.

      2.  In relation to point no-2, “   Are  the O. Ps.  guilty of deficiency in service,  and unfair trade practice as alleged by the complainant?” –it is very much worthy to opine that the Complainant applied to the O. Ps. for a loan of Rs. 7,36,000.00 only for running smoothly his “ BINAPANI BOOK DEPOT”. Thereafter, O. P. No- 2 informed the Complainant through Gmail about in –principle approval of the loan of Rs. 7,36,000.00 only and directed the Complainant to contact O. P. No- 1. As per direction of the O. Ps., the Petitioner has  filed the  photo copies of the required documents like Income Tax Report for the year  2019-20, 2020-21 and 2021-22, Form B-Application for Registration issued by the West Bengal Shops and Establishment Act, Gosaba Gram Panchayet receipt, Possession Certificate dated 22.03.1990 issued by the Junior Land Reform Officer, Gosaba, Govt. Of West Bengal, Aadhaar and PAN Card of the Petitioner.  As per statement, the Complainant had been running then pillar to post in the State Bank of India,  Gosaba Branch; but the O. P. No. 2 did not pay any heed to disburse the in-principle approval amount , to the complainant. The O. Ps. did not disburse the sanctioned amount to the Petitioner/Complainant. Hence, there is deficiency in service and unfair trade practice occurred on behalf of the O. Ps.

So point no. 2 is decided in favour of the Complainant and against the O. Ps.

         3. In relation to point no-3,   “Is the complainant entitled to get relief /reliefs as prayed for?”-It is very much worthy to mention that loan amount of Rs. 7,36,000.00 only was sanctioned in-principle by the O. Ps., but it was not disbursed  due to ulterior motive and negligence of the O. Ps. though the complainant had been running then pillar to post in the State Bank of India,  Gosaba Branch. Hence, the Complainant is entitled to get relief[s] as prayed in the complaint petition.

So, point no. 3 is also decided in favour of the Complainant and against the O. Ps.

As a result, the complaint case is succeeded.

Hence, it

                                                                                 ORDERED

            that the complaint case be and the same is hereby allowed on contest against the O. Ps. with a Litigation Cost of Rs.10, 000=00 ( Rs. Ten  thousand) only to be paid either severally or jointly to the Complainant within  60 days from the date of issuing this Order.

              The O. Ps. are also directed to pay either jointly or severally Rs. 15,000.00 [Rs. Fifteen thousand] only as compensation amount for deficiency in service and unfair trade practice occurred on behalf of the O.Ps. within 60 days from the date of issuing this order.

             The Complainant is directed to provide/submit all required documents in Original as well as self attested photo copies of the same before the appropriate authority of the SBI, Gosaba Branch to avail the loan of Rs. 7,36,000.00 [Rs. Seven lac thirty six thousand]  only within 30 days from the date of issuing this Order positively. The Petitioner is also directed to co-operate with the SBI Officials for availing the required loan and SBI Officials are also directed to co-operate with Complainant to provide the loan required by the Complainant positively.

             The Opposite Parties are also directed to complete the process of disbursement of the sanctioned/required loan of Rs. 7,36,000.00 only to the Complainant within 60 days from the date of issuing this Order.

           The Complainant is at liberty to file an Execution Case against the O. Ps., before this Ld. Commission for non-compliance of the order by the O. Ps., after expiry of 60 days.

             Let copies of the order be supplied to all the parties concerned in either speed post /registered post free of cost as per rule.

            The final order be also available in www.confonet.nic.in  .

Prepared and Corrected by me.

  ( Shri Jagadish Chandra Barman)                             

            (MEMBER)