Haryana

Karnal

CC/285/2022

Jasiwanti Lather - Complainant(s)

Versus

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

Ram Chander Tyagi

13 Mar 2024

ORDER

BEFORE THE PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION KARNAL.

                                                Complaint No.285 of 2022

                                                Date of Inst: 23.05.2022

                                                Date of Decision: 13.03.2024

 

1.     Jaiwanti Lather wife of Joginder Singh;

2.     Joginder Singh son of Shri Sewa Ram;

3.     Vikrant Lather son of Joginder Singh, all residents of H.No.2215-A, Sector-7, Urban Estate, Karnal.

 

…….  Complainant

Versus

 

1.     The Manager, Punjab National Bank, Old G.T. Road, Karnal.

2.     Chairman and M.D. Punjab National Bank HO-5, Sansad Marg, New Delhi 110001. 

                                                                 …… Opposite parties

 

Complaint Under Section 35 of Consumer Protection Act, 2019 as amdned upto date.

 

 

Before:     Shri Jaswant Singh…………President

                Sh.Vineet Kaushik……….Member

                Dr.Suman Singth…………Member

 

 

Argued by: Shri R.C.Taya, counsel for complainant.

                 Shri Deepak Sandhu, counsel for OPs.

 

                (Vineet Kaushik, Member)

 

ORDER:

 

                The complainant has filed the present complaint under Section 35 of Consumer Protection Act, 2019 against the Opposite parties (hereinafter referred as the ‘OPs’) on the averments that in the year 2015, complainant  availed a house loan of Rs.10 lacs and OD limit of Rs.25,00,000/- on the house No.2216-A, Sector-7, Urban Estate, Karnal and the complainant was paying the regular installments of the said loan. Apropos to the telephone discussion held on 22.03.2022 with Mr.Amit Sanga bank employee followed by personal visit of opposite parties to the residence of the complainants on 25.03.2022 and a text message dated 28.03.2022  received on the personal telephone of complainant No.2 vide which OPs have categorically directed to deposit a sum of Rs.26,715/- before 31.03.2022 in the OD account No.502 and further threatened to declare the account concerned as NPA, if the amount is not paid.  The complainant inquired about the said text message from the OPs, but the reply of the OPs was totally evasive and could not satisfy the complainant No.2. The OPs also not supplied the statement of account. It is necessary to state that a non-performing assets can be classified at a point during the term of the loan or at its maturity when a borrower fails to make payment towards the interest/EMIs or six consecutive months. Thus, how can the borrower be threatened in the present case by the bank to declare his account as NPA when the bank has been getting regularly the monthly interest/installments calculated and accepted without any default. Furthermore, the OPs are charging higher rate of interest from the complainant @ 9.15% as shown in the statement of OD account No.503, then also it has been wrongly calculated which may be perused from the entry dated 31.08.2019, 30.11.2019 and 31.12.2021 and onwards. However, OPs should not or cannot recover the interest more than the existing rate of interest 8% only on the OD account and about 6.05% on the housing loan for which complainants are entitled to be reimbursed. Thus, the act of the OPs amount to deficiency in service and unfair trade practice. Hence, the present complaint.  

2.             On notice, OP appeared and filed its written version and raised preliminary objections regarding maintainability, cause of action, locus standi, mis-joinder and non-joinder of necessary parties, concealment of true and material facts, etc. On merits, it is pleaded that OPs treated all the customers in well manner and always provide better facilities as per guidelines of the bank. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.   

3.             Parties then led their respective evidence.

4.             Learned counsel for complainant has tendered into evidence his affidavit Ex.CW1/A, copy of terms and condition Ex.C1, copy of sanction letter Ex.C2, copy of incoming calls Ex.C3, extract of messages Ex.C4 and Ex.C5, copy of incomplete statement of account Ex.C6, copy of statement of account Ex.C7, copy of legal notice Ex.C8, copy of postal receipt Ex.C9, copy of drafts Ex.C10, copy of statement o loan account Ex.C11, copy of calculation sheet Ex.C12 and closed the evidence on 30.11.2022 by suffering separate statement.

5.             Learned counsel for OPs tendered into evidence affidavit of Shri Brijesh Prakash Singh as Ex.OPW1/A, copy of account history Ex.OP1, copies of ledger Ex.OP2, and Ex.OP3 and closed the evidence on 12.07.2023 by suffering separate statement.

6.             We have heard the learned counsel of the parties and perused the case file carefully and have also gone through the evidence led by the parties.

7.             Learned counsel for complainants, while reiterating the contents of the complaint, has vehemently argued that complainants have obtained housing loan and a OD limit from the OPs bank and are paying the EMIs regularly but despite that the OPs have sent a message for declaring the account of complainants as NPA. He further argued that the OPs have also charged excess rate of interest on the loan amount and when the complainants approached the OPs and requested to give the reason of charging excess interest as well as for declaring their account as NPA, they did not give any satisfactory reply, thus, the act of OPs amount to deficiency in service and lastly prayed for allowing the complaint. 

8.             Per contra, learned counsel for the OPs, while reiterating the contents of written version, has vehemently argued that the OPs have not charged excess amount from the complainant and lastly prayed for dismissal of the complaint.

9.             We have duly considered the rival contentions of the parties.

10.           The complainants have alleged that the OPs has charged excess rate of interest on the loan accounts and also sent a message for declaring his account as NPA. In order to prove their case, the complainants have placed on file extract of messages Ex.C4 and Ex.C5, whereby OPs demanding overdue amount of Rs.26,715/-. The complainants have also placed on file copies of statement of account Ex.C7 wherein it has been clearly proved that the complainants were paying regular EMIs of the loan account and that the OPs have charged excess interest as well as unnecessary charges like CIBIL, etc. On the other hand, the OPs in their written version and evidence lead by them evasively denied all the facts without disclosing any reason of charging excess interest and other charges. Moreover, the OPs did not rebut the evidence tendered by the complainant by leading cogent and convincing evidence. Hence, it is proved on record that the OPs have charged unnecessary charges and excess rate of interest from the complainant. Thus, the act of the OPs amount to deficiency in service and unfair trade practice.

11            Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OPs to re-calculate the rate of interest on the loan accounts of the complainant and waive of unnecessary charges and thereafter refund the excess amount to the complainant, if any. We further direct the OP to pay Rs.25,000/- to the complainant on account of mental agony and harassment and  Rs.11,000/- towards the litigation expenses. This order shall be complied within 45 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Dated:13.03.2024                                                             

                                                                  President,

                                                     District Consumer Disputes

                                                     Redressal Commission, Karnal.

 

(Vineet Kaushik)        (Dr. Suman Singh)

                           Member                          Member