Smt. Bandana Roy, President
The case of the Complainant, in short, is that the husband of the complainant, Biswanath Mandal now deceased, was a govt. servant under Baishnabchak Gram Panchayat. He was the only earning member of the family and at the time of his death left three legal heirs namely (i) Smt. Bharati Mandal (wife/complainant), (ii) Smt. Jyotshna Mandal (mother) and (iii) Souvik Mondal (minor son).
After death of Biswanath Mandal, OP members came to the complainant’s house and threatened that if complainant did not pay the whole loan amount within one month, the complainant would be deprived of getting the pension and other service benefits and legal action would be taken against her. That on 17.12.2008, the OPs sent one registered letter demanding that Rs.63853/- (principal with interest) is due vide no. MT Loan A/c 600141 and if the complainant failed to pay the loan amount within 7 days, legal action would be taken against her. Thereafter, on 22.05.2016 at about 12.00 noon, five unknown persons came to the house of the complainant and asked her to pay Rs.100000/- instantly, as it is due before OP1 and if complainant failed to repay, they would take all the assets of the complainant and, if necessary, would also assault and dispossess the complainant. The complainant on 27.05.2016 sent one request letter through Ld. Advocate Sri Shyamal Kumar Sarkar with a prayer to the OP to supply details of loan due in respect of account no. MT Loan A/c 600141. On 08.07.2016, the OPs replied to the Advocate’s letter and sent a statement which is not clear and believable to the complainant. The complainant admits that her husband took a personal loan during his service from OP1 but she is not personally liable to repay such loan. The complainant alleged deficiency in service and unfair trade practice on the part of the OPs.
The OPs duly contested the case by filing W/V and WNA and denied all the allegations of the complainant. The OPs stated that the husband of the complainant Biswanath Mandal (now deceased) was a member of the OP Bank and took a personal loan to the tune of Rs.70000/- with rate of interest 12.5% from the OP Bank for repairing his house on security of his service salary. The said loan was to be repaid in 60 equal monthly installments of Rs.1167/- with due interest. But Biswanath Mandal could not repay the loan amount to the OP within his lifetime and the loan overdue position was Rs.49270/- (principal amount) and Rs.53937/- (interest) totaling Rs.103207/- as on 08.07.2016. The OPs alleged that as the complainant is the legal heir of deceased Biswanath Mandal and also enjoying his property, she is legally liable to repay the entire loan amount that is due to the OPs. To deceit the outstanding loan of the OP, complainant has filed the instant case. OPs pray for dismissal of the instant case.
Point for consideration
Whether the complainant is entitled to get any relief, as prayed for?
Decision with reason
We have gone through the materials on record filed by the parties. It appears from the prayer portion of the complainant that the complainant has prayed for:
- To pass an order that no loan amount is due to the OP.
- To pass an order that the complainant is not bound to pay such amount through personal capacity and to pay compensation to the complainant for harassment and mental agony.
Admittedly, complainant’s husband took a loan from the OP Bank. Whether loan has been liquidated or not, record will show. But Consumer Forum cannot pass this type of negative declaration. If OPs want to recover loan amount by any illegal process, complainant can bring action against the OPs in proper Forum of Law. It can be said that if it is a bad debt, OP should not try to recover any amount by showing muscle. But it is also true that the Consumer Forum cannot pass any negative declaration as prayed for by the complainant. We are of the view that the complainant is not entitled to get any relief, as prayed for.
Hence, it is,
ORDERED
that the consumer case being no. CC/135/2016 be and the same is dismissed on contest against the OPs, but without any cost.
Let the copies of the judgement be supplied to all the parties free of cost.
