D.O.F:14/11/2019
D.O.O:01/09/2022
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.No.221/2019
Dated this, the 01st day of September 2022
PRESENT:
SRI.KRISHNAN.K :PRESIDENT
SRI.RADHAKRISHNAN NAIR.M : MEMBER
SMT.BEENA.K.G : MEMBER
Mr. Raveendra Shetty (M.R. Shetty)
S/o Ramanna Shetty
Madandoor Guthu House, Bekur Village, : Complainant
P.O Kayyar Manjeshwar Taluk
And
The Manager
Syndicate Bank, Uppala Branch
P.O Uppala, Manjeshwar Taluk – 671322: Opposite Party
(Adv: Mohan Prakash.K)
ORDER
SRI.RADHAKRISHNAN NAIR.M : MEMBER
The complaint is filed under section 12 of the Consumer Protection Act, 1986 (as amended)
The facts of the case in brief is that the complainant obtained a gold loan of Rs.1,00,000/- and an agricultural loan of Rs. 2,00,000/-from the opposite party Bank and the above loans were cleared in March 2019, without any due.
Thereafter when he prepared to withdraw some amount from his account No.42102210008285, in June 2019 using Rupay Card the account was found to be blocked. Prior to that the opposite party Bank has not informed him any discrepancy in the account.
Thereafter the opposite party Bank sent a letter to the complainant requesting to remit Rs.1,07,463.01, within 7 days, towards balance amount due from him, as on 20.06.2019 in respect of the account No.421082500080749. The opposite party Bank also stated that the complainant’s account was running irregular and he had not taken any steps to regularize the account. The complainant submit that he was not a defaulter to the opposite party Bank and nothing was due from him to the opposite party Bank. Even though the complainant had committed no mistake in operating the account, a lady staff of the opposite party Bank threatened him saying that they are going to file cheating complaint against him if he failed to make payment as demanded by them. Against the notice and threat, the complainant filed a complaint before the Chairman of the opposite party Bank at Manipal but there was no reply. After the notice the opposite party Bank has frozen the account of the complainant. The intention of the opposite party Bank is to grab money from the complainant illegally. The act of the opposite party Bank amount to service deficiency, due to which the complainant suffered mental agony and monitory loss and the opposite party Bank is liable to compensate for that.
The opposite party entered appearance through their counsel, who filed written version.
As per the written version of the opposite party Bank, the complaint is false, frivolous, vexations and not sustainable at law or in facts. This Forum has no jurisdiction to try the above complaint.
It is true that on application of the complainant a jewel loan of Rs.1,00,000/-was sanctioned to him by opposite party Bank on 16.03.2018, on security of jewels pledged. Subsequently, on 16.03.2019, the complainant approached opposite party Bank to renew the said loan. For renewal, usually, the Bank collects the interest portion from the loanee and grant a fresh loan for the principal amount and the earlier loan account would be closed by adjusting amount from the new loan. Here also the very same method was adopted. But unfortunately, due to a bonafide mistake on the part of the staff concerned, it was omitted to close the earlier loan account. In that circumstance, the amount of Rs.1,00,000/-, which was the outcome of the newly sanctioned loan was lying in his account, as the same was omitted to be adjusted towards the old jewel loan. The said fact is very clear from the statement of account of the complainant. The omission to close the earlier loan resulted in showing the balance amount in his SB account as Rs. 1,26,239.80 as on 20.03.2019. Further the complainant had a Agri-Loan of Rs.2,00,000/- and with a view to close the said loan the complainant had closed his FD- and credited an amount of Rs.85,213.75 and thus showed his balance amount as Rs.2,11,453.60., which is inclusive of the mistakenly credited amount of Rs.1,00,000/-. With that amount, the complainant closed his Agri. loan by adjusting an amount of Rs.2,09,201.83 on 25.03.2019. Thus the earlier loan granted on 16.03.2018 remained unclosed without any security .The said omission came to the knowledge of the Opposite Party Bank only after expiry of 2 months and immediately opposite party Bank approached the complainant and explained the facts and requested to repay the said amount of Rs.1,00,000/-. But he was not ready to comply with the request made by the Opposite Party Bank. Therefore the Opposite Party Bank issued a registered letter dated 01.07.2019with a request to pay Rs.1,07,463.71, which is inclusive of the interest accrued thereon as on 30.06.2019. But he did not comply with the request but approached the ombudsman, which was responded properly.
Thereafter he approached this Forum raising frivolous allegations. Since the complainant has committed default, opposite party Bank has every right to take coercive steps to realize the amount due from him, including that of exercise of general lien. The intention behind the filing of this complaint is only to get away from the said liability. It is submitted that when an online complaint was received from the complainant in connection with his ATM card, an immediate response was given to contact with the Bank for updation, but the complainant did not contact with the bank. There is no deficiency of service or unfair trade practice on the part of the opposite party. The opposite party Bank is not liable to pay any compensation to the complainant.. The complaint is to be dismissed, as the complainant is not entitled for any relief.
The complainant filed proof affidavit in lieu of chief examination and documents Ext. A 1 and Ext. A 2 are marked. He was cross examined as PW - 1 . The Ext - A1 is the Bank Pass book of A/c No.42102210008285 from 01.01.2016 to 31.10.2020. Ext. A 2 is copy of Gold loan slip of JL.No.146/2019 dated. 16.03.2020. Another witness, one Mahamood was also examined as PW-2 from the side of the complainant.
From the side of the opposite party Bank, the Manager of the opposite party filed proof affidavit in lieu of chief examination and marked documents as Ext. B1 to Ext. B9. He was cross examined as DW - 1. The document Ext B1 is the copy of the bank statement of SB A/C No.42102210008285 from 01.01.2016 to 31.10.2020, Ext. B 2 is the bank statement of Agri Loan A/C No.42108010000410 from 20.03.2017 to 30.09.2020, Ext. B 3 is the bank statement of Gold Loan A/C No.42108250080749 from 16.03.2018 to 30.09.2020, Ext. B4 is the bank statement of Agri Loan A/C No.42108390025977 from 16.03.2020 to 30.09.2020, Ext. B5 is a copy of the cheque submitted by complainant dated 22.03.2019 to withdraw Rs.2,00,000/- and Ext. B6 is a copy of the letter issued to the complainant dated 01.07.2019,Ext.B7 is the Postal A/D Card, Ext.B8 is the copy of application for Jewel Loan No.146/2019 dated 16.03.2019 submitted by the complainant.Ext.B9 is a copy of the request submitted by the complainant for renewal of Jewel Loan No.146/2019. The Opposite Party Bank produced some more documents along with a memo dated 07.07.2022 which are marked as Ext.B10 to Ext.B13.Ext B 10 is the copy of the application for Jewel Loan dated 14.09.2021, Ext.B11 is the copy of the register relating to the release of Gold, Ext B12 is the copy of Statement of A/c No.42108390025977, Ext B13 is the copy of Statement of A/c No.42102210008285.
Based on the pleadings and evidence of the rival parties in this case, the following issues are framed for consideration.
1. Whether there is service deficiency on the part of any of the opposite party ?
2. If so, what is the relief ?
For convenience, both these issues are considered together.
Here the specific case of the complainant is that he obtained a gold loan of Rs.1,00,000/- and an agricultural loan of Rs. 2,00,000/-from the opposite party Bank and the above loan were cleared in March 2019, without any due. Thereafter when he prepared to withdraw some amount from his account No.42102210008285, in June 2019 using Rupay Card was found to be blocked. Prior to that the opposite party Bank has not informed him any discrepancy in the account. Thereafter the opposite party Bank sent a letter to the complainant requesting to remit Rs.1,07,463.01, within 7 days, towards balance amount due from him, as on 20.06.2019 in respect of the account No.421082500080749. The complainant submit that he was not a defaulter to the opposite party Bank and nothing was due from him to the opposite party Bank. Even though the complainant had committed no mistake in operating the account, a lady staff of the opposite party Bank threatened him saying that they are going to file cheating complaint against him if he failed to make payment as demanded by them. The act of the opposite party Bank amount to service deficiency, due to which the complainant suffered mental agony and monitory loss and the opposite party Bank is liable to compensate for that.
The Opposite Party Bank submit that the complainant approached the Bank to renew his Jewel Loan and for renewal, usually, the Bank collects the interest portion from the loanee and grant a fresh loan for the principal amount and the earlier loan account would be closed by adjusting amount from the new loan. Here also the very same method was adopted. But unfortunately, due to a bonafide mistake on the part of the staff concerned, it was omitted to close the earlier loan account. In that circumstance, the amount of Rs.1,00,000/-, which was the outcome of the newly sanctioned loan was lying in his account, as the same was omitted to be adjusted towards the old jewel loan. The said fact is very clear from the statement of account of the complainant. The omission to close the earlier loan resulted in showing the balance amount in his SB account as Rs. 1,26,239.80 as on 20.03.2019. Further the complainant had a Agri-Loan of Rs.2,00,000/- and with a view to close the said loan the complainant had closed his FD- and credited an amount of Rs.85,213.75 and thus showed his balance amount as Rs.2,11,453.60., which is inclusive of the mistakenly credited amount of Rs.1,00,000/-. With that amount, the complainant closed his Agri. loan by adjusting an amount of Rs.2,09,201.83 on 25.03.2019. Thus the earlier loan granted on 16.03.2018 remained unclosed without any security . The said omission came to the knowledge of the Opposite Party Bank only after expiry of 2 months and immediately opposite party Bank approached the complainant and explained the facts and requested to repay the said amount of Rs.1,00,000/-. But he was not ready to comply with the request made by Opposite Party Bank. Therefore the Opposite Party Bank issued a registered letter dated 01.07.2019with a request to pay Rs.1,07,463.71, which is inclusive of the interest accrued thereon as on 30.06.2019. But he did not comply with the request but approached the ombudsman, which was responded properly. Thereafter he approached this Forum raising frivolous allegations. Since the complainant has committed default, opposite party Bank has every right to take coercive steps to realize the amount due from him, including that of exercise of general lien. The intention behind the filing of this complaint is only to get away from the said liability. It is submitted that when an online complaint was received from the complainant in connection with his ATM card, an immediate response was given to contact with the Bank for updation, but the complainant did not contact with the bank
Here it is pertinent to note that the complainant approached the bank to renew his jewel loan and not to close the same. The complainant argues that he had deposited Rs.1,00,000/- on 16.3.2019 and the recitals of Ext A1 the Pass book of his A/c would show that aspect. But the Opposite Party Bank argue that the complainant approached them to renew the existing gold Loan, offering to pay the interest portion and no principal loan amount is paid by him. The document Ext.A2 which is the copy of Gold loan slip of JL.No.146/2019 dated. 16.03.2020 would show the fact of availing a fresh loan for renewal of the earlier loan.
The document Ext.A1 and the Ext. B1 would together show that the deposit of Rs. 1,00,000/-in his SB A/C No. 42102210008285 on 16.03.2019 is by the way of transfer from the A/C No.42108250082964, which is the newly availed Jewel loan for the purpose od renewal of the existing loan. That loan also closed by another fresh gold loan on 16-03-2020
During cross examination, the complainant admit that “it is true that a sum of Rs.1,00,000/- was transferred to my SB A/C on 16.03.2019 from the A/c No.42108250082964. It is true that that a new Gold Loan A/c obtained on 16.03. 2019.” The document Ext B8 is the application signed by the Complainant for availing the jewel loan of Rs. 1,00,000/-. The above JL No.146/2019 is seen closed on 16.03.2020. So it is clear that the gold loans are being renewed by availing fresh gold loans from time to time. Only interest portion is remitted by the complainant.
Further the complainant admit during cross examination that “except transfer of Rs.1 lakh and Rs. 1 lakh from my fresh gold- loan and Agri- loan, no other cash deposit s are seen in my SB A/c”. Also it is deposed during cross examination that “on 16.03. 2020, the gold loan A/C No. 42108250082964 was closed by transferring a sum of Rs. 1,40,800/-. It is true that for the purpose of closing the said gold loan account, a fresh gold loan of Rs .1,00,000/-was granted to me as per the Loan A/C No.42108390025977 and the amount was adjusted towards the closure of the earlier loan No. 42108250082964.”
The Opposite Party submit that on 16.03.2019, unfortunately, due to a bonafide mistake on the part of the staff concerned, it was omitted to close the earlier gold loan account. In that circumstance, the amount of Rs.1,00,000/-, which was the outcome of the newly sanctioned loan was lying in his account, as the same was omitted to be adjusted towards the old jewel loan. The said fact is very clear from the statement of account of the complainant. The omission to close the earlier loan resulted in showing the balance amount in his SB account as Rs. 1,26,239.80 as on 20.03.2019. The complainant had a Agri-Loan of Rs.2,00,000/- and with a view to close the said loan the complainant had closed his FD- and credited an amount of Rs.85,213.75 and thus showed his balance amount as Rs.2,11,453.60., which is inclusive of the mistakenly credited amount of Rs.1,00,000/-. With that amount, the complainant closed his Agri. loan by adjusting an amount of Rs.2,09,201.83 on 25.03.2019. Thus the earlier loan granted on 16.03.2018 remained unclosed without any security .The said omission came to the knowledge of the Opposite Party Bank only after expiry of 2 months and immediately opposite party Bank approached the complainant and explained the facts and requested to repay the said amount of Rs.1,00,000/-. But he was not ready to comply with the request made by the Opposite Party Bank. Therefore the Opposite Party Bank issued a registered letter dated 01.07.2019 with a request to pay Rs.1,07,463.71, which is inclusive of the interest accrued thereon as on 30.06.2019. But he did not comply with the request . Since the complainant has committed default, opposite party Bank has every right to take coercive steps to realize the amount due from him.
Therefore, by considering the facts and circumstances of the case , this commission is of the view that the complainant failed to prove that there is service deficiency on the part of the any of the opposite pasties. With the available evidence adduced by the complainant , this commission is not in a position to hold that the complainant is entitled for any relief as prayed for in the complaint ..
In the result the complaint is dismissed without cost .
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exhibits
A1- Bank Pass book
2- Copy of Gold loan slip
B1- Copy of the bank statement
B2 & B4- Bank statements
B5- copy of the cheque
B6- Copy of the letter issued to the complainant Dt: 01/07/2019
B7- Postal acknowledgment card
B8- copy of application for jewel loan No146/2019
B9- Request letter submitted by the complainant to the bank.
B10- Copy of the application for jewel loan
B11- copy of the register relating to the release of gold
B12- copy of statement
B13- copy of statement
Witness Examined
Pw1- Ravindra Shetty
Pw2- Mahamood
Dw1- Mahaganesh.K
Sd/- Sd/- Sd/
MEMBER MEMBER PRESIDENT
Forwarded by Order
Ps/ Assistant Registrar
