J U D G E M E N T
The complainant Ersad Ali Mondal has filed this complaint as a proprietor of Mondal Tractors under Section 12 of the C.P. Act, 1986 alleging deficiency in service and unfair trade practice as the Ops have not released his loan amount.
The case of the complainant in a nutshell is that for earning his livelihood the complainant desired to start a business relating to parts of tractor. At the time of starting the said business due to insufficient fund the complainant wanted to take financial assistance from the Ops and after fulfillment of their formalities sanctioned a cash credit loan of Rs. 20, 00,000=00 vide account no. 30500389866. For the purpose of business the complainant withdrew Rs. 11, 22,462=00 from his loan account for several occasions and the OP-2 disbursed the same on each and every time. The complainant lastly withdrew Rs. 4, 80,000=00 on 19.9.2014. When the complainant went to the office of the OP-2 for withdrawing further money from his loan account on 06.5.2014 then the official of the OP-2 refused to disburse any further amount from his loan account. Then the complainant met with the Manager of OP-2 and came to learn that his loan account has been locked but before such locking neither intimation was served upon the complainant nor they have disclosed any reason for such locking. The complainant requested several times verbally the officials for disclosing the reason. Being ignored by the OP-2 the complainant made written representation by himself and through his lawyer. But the OP-2 did not bother to pay any heed to such representation of the complainant. The complainant is a bonafide customer of the Ops and he never violated any terms of the loan agreement nor he had done any act detrimental to the interest of the OP. Inspite of that refusing for withdrawing further amount from the account of the complainant is a deficiency in service and/or unfair trade practice on the part of the OP. The complainant has to suffer loss in his business which is his only source of his earning livelihood for such conduct of the OP and the complainant has suffered mental pain and agony for the acts of the Ops. The complainant has prayed reliefs as under:
- Directing the OPs for disbursing the remaining amount,
- Directing the Ops to pay Rs. 40,000=00 for deficiency in service and unfair trade practiced, Rs. 10,000=00 for mental pain and agony and Rs. 10,000=00 as litigation cost,
- Directing the Ops for not to charge any interest on the loan account of the complainant from 06.5.2014.
The complainant has filed documents like correspondences with the OP-Bank and Bank statement.
The case has been contested by the OP-2 by filing written version denying the entire allegations made by the complainant in his petition of complaint. The OP-2 further submits that the complainant did not maintain his account properly and was most irregular in repayment of his loan account and the complainant has very much violated the terms and condition of the loan agreement, rather his account became NPA on 28.01.2014 and this OP also served notice u/S. 13(2) of SARFAESI Act, 2002 on 27.02.2014. Be it mentioned that this complainant has another liability with this OP in respect of their partnership business in the name & style Appolo Nursing Home and for such reason this complainant had filed a Writ Petition before the Hon’ble High Court, Calcutta being W.B. No. 11591 (W) of 2014 and the same has been disposed of. The OP-2 further submits that the complainant has filed this complaint for illegal gain by suppressing all the facts; therefore the complainant is liable to be dismissed. This OP further submits that the complainant is well aware about the information regarding NPA of account no. 30500389866 and also received the notice u/S. 13 (2) of SARFAESI Act, 2002 and inspite of such information the complainant did not take shelter of DRT for proper relief and this court has no jurisdiction to try this matter and this OP has no laches rather no deficiency in service and the complaint petition is not maintainable and as such the complaint petition should be rejected with exemplary cost.
OP has submitted documents like statement of Bank account, series of communications from 28.10.2010, as well as, copy of notice under Section 13(2) of SARFAESI Act, 2002.
-: Decision with reasons :-
In a nutshell it is in admitted position that the complainant had a cash credit loan account with OP-2 with a limitation of Rs. 20, 00,000=00 and the complainant was refused on 06.5.2014. From the documents submitted by the OP-2 it is seen that in a letter dated 28.10.2010 the complainant was requested for clearance of his loan amount and showing a loan amount of Rs. 20, 78,004=00. In a letter dated 20.7.2010 showing a loan amount of Rs. 20,50,568=00 and again on 27.01.2011 showing a loan amount of Rs. 21,13,564=00 was intimated by the OP-2 to the complainant but the complainant neither replied to the above letters nor taken any steps in that regard. The complainant was also issued one notice under Section 13(2) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 on 27.02.2014 for clearance of his all loan amount. Even his guarantor Md. Ali Mondal and another one Ismile Ali Mondal was also issued letter apprising the fact of the complainant and apprising the said guarantor that in case the complainant fails to clear up his loan amount, the Bank will exercise all or any rights given to the Bank in this respect but it was not fruitful. Infact the said loan account was sanctioned with a limitation of Rs. 20, 00,000=00 and on 06.5.2014 the said loan amount already exceeded the limit of Rs. 20, 00,000=00. Accordingly there was no scope on the part of the OP-Bank to release any further amount and accordingly there is no deficiency in service or unfair trade practice on the OP-Bank. Hence, it is
O r d e r e d
that the petition of complaint filed by the complainant is dismissed on contest without any cost.
Let a plain copy of this judgment be supplied to the parties free of charge.
Dictated and corrected by me.
(Durga Sankar Das)
Member
DCDRF, Burdwan
(Silpi Majumder) (Durga Sankar Das)
Member Member
DCDRF, Burdwan DCDRF, Burdwan
