IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
MURSHIDABAD, AT BERHAMPORE.
CASE No. CC No. 16/2018.
Date of Filing: Date of Admission: Date of Disposal:
12.02.2018 28.02.2018 09.08.2018
Kamalesh Ghosh
S/O Prasanta Kr. Ghosh
Vill: Nandigram
PO: Amratakundu
Dist. Murshidabad
Mob- 9434202523 ……………… Complainant.
-Vs –
The Manager,
Murshidabad District Central Co-Operative
Bank Ltd, Main Branch
48,49 B.B. Sen Road
P.O. + P.S.: Berhampore
Dist.- Murshidabad, PIN- 742101 ……............ Opposite Party.
In person ………… for the complainant
Present: Sri Ashis Kumar Senapati …. ……… President.
Smt. Chandrima Chakraborty …. .…. Member.
Cont. ……….…. 2
= 2 =
J U D G M E N T
Chandrima Chakraborty, Member.
Filtering out the unnecessary details in the complaint, the Complainant’s case may be summarized thus:-
In epitome, the fact stated in the complaint, is that, a House Building Loan of Rs. 12,00,000/- only was sanction in favour of the Complainant by the Opposite Party, vide Memo No. 346, dated 15.05.2014 which was transferred to the SBI account, being No. 122000410027 of the Complainant by issuing a cheque of Rs. 9,00,000/- only on 23.05.2014 which was debited from the account of the Complainant on 24.05.2014. But the cheque being No. 000168, dated 26.05.2014 was issued in favour of Aniruddha Gupta (the Seller of the House) 2 days later on 26.05.2014 and that Aniruddha Gupta faced difficulties to encash the cheque for some unknown reason and the Complainant had informed the matter to the Opposite Party and ultimately the said cheque was encashed after 15 days delay on 07.06.2014 but the Opposite Party charged the interest on the amount of Rs. 9,00,000/- only for the period of 24.05.2014 to 07.06.2014. The Complainant requested the Opposite Party by a written application to refund the charged interest amount but the opposite Party paid no heed to it.
Moreover, the Opposite Party charged a ‘Processing and Administrative Fee’ of Rs. 10,792/- only over the loan amount for transfer for his Loan account from the Opposite Party Bank, which the Complainant asked to exempt but the Opposite Party debited the said amount from the account of the Complainant on 05.01.2018 without intimating the Complainant about the reason for such deduction,
Cont. ……….…. 3
= 3 =
what amounts to negligence and deficiency in rendering service by the Opposite Party towards the Complainant for which being victimized and harassed by the Opposite Party the Complainant finding no other alternative than to file the instant case seeking adequate redressal against the Opposite Party.
Despite service of the notice, the Opposite Party never appeared before the Forum himself and/or through their representative/Ld. Advocate within the specified period for filing the Written Version to contest the case and so the instant case has been heard ex-parte against the Opposite Party.
Point for Consideration
The point for consideration in the instant case is whether the Complainant is entitled to get the relief as prayed for, in the facts and circumstances of the case and in view of the material evidences on record or not.
Decision with Reasons
In order to prove his allegation set forth in the complaint, the Complainant deposed in this case as sole witness by way of affidavit and also produced some documents in support of his case.
The main allegations of the Complainant are that, in spite of encashing the amount of Rs. 9,00,000/- only on 15 days’ delay from the date of debiting the said amount from the account of the Complainant and the Opposite Party Bank also had charged the interest over that delayed period and the Opposite Party Bank further charged the ‘Processing and Administrative Fee’ for disbursing the said Loan amount which both are deficiency in service on part of the Opposite Party in rendering service towards the Complainant.
Cont. ……….…. 4
= 4 =
On overall evaluation of the argument advanced by the Complainant in person and perusing the material documents in record, it is manifestly evident that, the Complainant had obtained a House Building Loan of Rs. 12,00,000/- only from the Opposite Party Bank which was duly sanction in favour of the Complainant by the Opposite Party, vide Memo No. 346, dated 15.05.2014.
The record reveals from the photocopies of the documents filed by the Complainant that such loan was transferred to the SBI account, being No. 122000410027 of the Complainant and issued a cheque of Rs. 12,00,000/- only on 23.05.2014 in the name of the Complainant and the sum of Rs. 9,00,000/- only was debited from the account of the Complainant on 24.05.2014 in favour of Aniruddha Gupta who is the seller of the house.
But the Complainant alleged that the cheque being No. 000168, dated 26.05.2014 was issued in favour of Aniruddha Gupta (the Seller of the House) 2 days later on 26.05.2014 and that Aniruddha Gupta faced difficulties to encash the said cheque for some unknown reason and for which the Complainant had informed the matter to the Opposite Party and ultimately the said cheque was encashed after 15 days delay on 07.06.2014 in favour of that Aniruddha Gupta.
But the fact remains that the Opposite Party had charged the interest on the amount of Rs. 9,00,000/- only for that period of 24.05.2014 to 07.06.2014 on which the said amount was not encashed and remained in the custody of the Bank authority and there was no scope to debit Rs. 9,00,000/- only on 24.05.2014, specially when the cheque was issued on 26.05.2014 which is obviously the deficiency in service on part of the Opposite Party Bank. But it is manifestly evident that the Opposite Party Bank had taken the interest @ 10.75 % p.a. over the entire Loan amount of that period from 24.05.2014 to 07.06.2014 which is not at all justified.
Cont. ……….…. 5
= 5 =
Thereafter it is revealed from the record that the Complainant requested the Opposite Party by a Letter dated 07.06.2014 to refund the said charged interest amount but the opposite Party paid no heed to it and preferred to remain silent in this regard. So the Opposite Party Bank has to refund the interest amount for the aforesaid period from 24.05.2014 to 07.06.2014 towards the Complainant. So the Opposite Party Bank has to refund the amount taken as interest over that specified period from 24.05.2014 to 07.06.2014 at the same rate @ 10 % p.a. i.e. Rs. 3,976/- only towards the Complainant.
Moreover, the Opposite Party had charged a ‘Processing and Administrative Fee’ of Rs. 10,792/- only over the total Loan amount which the Complainant asked to exempt by sending a letter dated 26.12.2017 which was duly received by the Bank authority but the Opposite Party did not replied to the same and furthermore the aforesaid amount was debited from the account of the Complainant on 05.01.2018, which was shown from the photocopies of the documents (Bank Statement) submitted by the Complainant without assigning any cogent reason.
But it is palpably evident from the photocopies of the documents (Loan Agreement) filed by the Complainant that in the Clause No. 4 of the 1st page of the said document it is specifically mentioned that, Processing and Administrative Fees : 0.5 % of the loan sanctioned and to be disbursed shall be realize from the applicant as Processing Fee and Administrative Fee at the time of disbursement of loan …. and it is clearly revealed from the documents (Bank Statement Account) submitted by the Complainant that a sum of Rs. 6,000/- only ( i.e. the 0.5 % of the total sanctioned loan amount of Rs. 12,00,000/- only) was debited from the account of the Complainant on 23.05.2014, the day of disbursing the loan.
Cont. ……….…. 6
= 6 =
But it is also undoubtedly evident from the documents (Bank Statement Account) filed by the Complainant that another sum of Rs. 10,792/- only was further debited from the account of the Complainant on 05.01.2018 as ‘Administrative and Processing Fees’. So it is proved without any doubt that the Opposite Party Bank authority had deducted the ‘Administrative and Processing Fees’ twice from the account of the Complainant without assigning any cogent cause which is not bonafide and apparently the deficiency in service on the part of the Opposite Party Bank and the Opposite Party is stringently liable to refund the said amount of Rs. 10,792/- only to the Complainant.
Moreover, from the photocopies of the documents further reveals that the Complainant had sent a written application towards the Opposite Party Bank on 26.12.2017 for exemption of the said ‘Administrative and Processing Fees’ @ 1 % at the time of repayment of the Loan amount but the Opposite Party Bank authority debited the said amount without responding and/or answering satisfactory to the Complainant by any means which is also clear deficiency in service on part of the Opposite Party Bank.
So, it is crystal clear from the discussions made above that the Complainant is successful to prove that, the Opposite Party Bank is deficient and/or negligent in rendering service towards the Complainant for which the Opposite Party is liable to refund the alleged claimant amount towards the Complainant along with adequate compensation and litigation cost.
Moreover, all the allegations made by the Complainant were never challenged by the Opposite Party, even the Opposite Party never appeared to contest the case in spite of receiving the notice from the Forum. Therefore, there are no reasons to disbelieve the unchallenged testimony of the Complainant.
Cont. ……….…. 7
= 7 =
Therefore, the Complainant has successfully proved his case against the Opposite Party Bank and is entitled to get relief as prayed for and consequently, the points for consideration are decided in affirmative.
In short, the Complainant deserves success.
Fees paid are correct.
In the result, we proceed to pass
O R D E R
That the case be and same is allowed on contest against the Opposite Party with cost of Rs. 1,000/- only payable in favour of the Complainant within two months from the date of this ‘Order’.
That the Opposite Party is directed to pay an amount of Rs. 3,976/- only to the Complainant, as refund of the interest amount for the period of 24.05.2014 to 07.06.2014 within two months from the date of this ‘Order’.
That the Opposite Party is further directed to pay a sum of Rs. 10,792/- only, as refund of the ‘Administrative and Processing Fees’ (which had been deducted from the account of the Complainant on 05.01.2018) to the Complainant, within two months from the date of this ‘Order’.
That the Opposite Party is further directed to pay a sum of Rs. 4,000/- only, as compensation to the Complainant for harassment and mental agony, within two months from the date of this ‘Order’.
Cont. ……….…. 8
= 8 =
In the event of non compliance of any portion of the order by the Opposite Party within a period of two months from the date of this ‘Order’, the Opposite Party shall have to pay a sum of Rs. 100/- per day, from the date of this ‘Order’ till full satisfaction of the decree, which amount shall be deposited by the Opposite Party in the ‘Consumer Legal Aid Account’.
Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.
MEMBER PRESIDENT
