BEFORE THE DISTRICT FORUM: KURNOOL
Present: Sri. T.Sundara Ramaiah, B.Com B.L., President
And
Sri. M.Krishna Reddy, M.Sc., M.Phil., Male Member
And
Smt. S.Nazeerunnisa, B.A., B.L., Lady Member
Tuesday the 10th day of April, 2012
C.C.No.106/2011
Between:
B.Asalam Basha,S/o Late Mohammad Miah,
R/o H.No.4/27/3/3/2, Opp. Bireddy Rice Mill, Dilsuk Nagar, Kurnool - 18 003.
…Complainant
-Vs-
1. The Manager,Tresury Branch, (SBI Bank),
H.No.6305,Collector Complex, Kurnool - 518 002.
2. The Manager,State Bank of India,
H.No.2756,Market Yard, Kurnool - 518 003.
…OPPOSITE PARTIES
This complaint is coming on this day for orders in the presence of Sri M.Mahavishnu, Advocate for complainant and Sri V.V.Krishnama Raju, Advocate for opposite parties 1 and 2 and upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Sri. T.Sundara Ramaiah, President) C.C. No. 106/2011
1. This complaint is filed under section 12 of C. P. Act, 1986 praying:-
- To direct the opposite parties return the excess salary deduction of Rs.26,950/- with compensation of Rs.10,000/- to the complainant;
- To grant interest @ 24% per annum from the date of complaint till the date;
- To grant costs of the complaint;
- To grant such other relief’s has the Honourable Forum may deem fit and proper.
2. The case of the complainant in brief is as under:- The complainant availed personal loan of Rs.1,00,000/- from opposite party No.1 bank on 09-09-2005. The loan is to be repaid in 48 equal monthly installments of Rs.2,500/- each commencing from 01-10-2005. The complainant paid the monthly installments up to 10-10-2007. The complainant could not pay the subsequent installments in time due to his sisters medical treatment. The complainant paid an amount of Rs.5,000/- on 10-10-2008, Rs.12,500/- on 19-03-2010 and Rs.5,000/- on 24-06-2010. The complainant on 28-07-2010 opened new account in opposite party No.2 bank. The complainant sent a letter to opposite party No.2 bank to deduct an amount of Rs.4,000/- from his salary. Accordingly opposite party No.2 deducted a sum of Rs.4,000/- on 28-01-2011 and sent the same to opposite party No.1 towards the loan account of the complainant. On 10-03-2011 opposite party No.2 deducted an amount of Rs.4,000/- and transferred the same to opposite party No.1. Again on 15-03-2011 a sum of Rs.4,000/- was deducted. On 17-03-2011 a sum of Rs.7,000/- was deducted without the knowledge of the complainant. The opposite parties did not give any reply for the notice got issued by the complainant. The opposite party No.2 transferred the excess amount of Rs.26,950/-to opposite party No.1 bank. Opposite parties 1 and 2 adopted unfair trade practice. Hence the complaint.
3. Opposite party No.1 filed written version stating that the complaint is not maintainable. The complainant availed loan of Rs.1,00,000/- on 09-09-2005. The said loan amount is repayable in 48 equal monthly installments of Rs.2,548/- each. The loan account of the complainant is 10937280068. The saving account of the complainant is 10937243048 (New). The complainant not paid the installments regularly. The complainant paid a sum of Rs.12,500/- on 19-03-2010 and Rs.5,000/- on 24-06-2010. No payment was made by the complainant on 10-10-2010. The opposite party exercised general lien over the S.B. Account of the complainant as the complainant failed to repay the said loan as agreed upon. The complainant opened new saving bank account with opposite party No.2 by suppressing the loan details with an intention to avoid payment of loan amount. The refund of Rs.26,950/- does not arise. The complainant is still due under loan account. The complainant is a defaulter. The complaint is liable to be dismissed.
Opposite party No.2 filed written version stating that the complainant opened S.B. Account bearing No.30606003488 on 28-07-2010 and drawing his salary from the said new account. Opposite party No.1 deducted Rs.4,000/-, Rs.7,000/- and Rs.15,950/- from the account of the complainant. Opposite party No.2 is not a necessary party. There is no cause of action against opposite party No.2. There is no deficiency of service on the part of opposite party No.2. The complaint is liable to be dismissed.
4. On behalf of the complainant Ex.A1 to A7 are marked and sworn affidavit of the complainant is filed. On behalf of the opposite parties 1 and 2 Ex.B1 to B9 are marked and sworn affidavits of the opposite parties are filed.
5. Both sides filed written arguments.
6. Now the points that arise for consideration are:
- Whether there is deficiency of service on the part of Opposite Parties?
- Whether the complainant is entitled for the reliefs as prayed for?
- To what relief?
7. POINTS i and ii:- Admittedly the complainant availed a loan of Rs.1,00,000/- from the opposite party No.1 bank on 09-09-2005. The complainant agreed to repay the said amount in 48 equal monthly installments of Rs.2,548/- each. The saving bank account of the complainant in opposite party No.1 bank is 10937243048 (Ex.A7). It is also admitted that the complainant opened S.B. Account bearing No.30606003488 with opposite party No.2 on 28-07-2010 (Ex.A6). The complainant started drawing his salary from the S.B. Account Ex.A6 from 2010.
8. It is the case of the opposite party No.1 bank that the complainant committed default in payment of installment and that the complainant opened new S.B. Account in opposite party No.2 bank on 28-07-2010 and drawing his salary from the said account. Admittedly the complainant was not regular in paying the monthly installments due to opposite party No.1 bank. The complainant filed the present complaint for return of Rs.26,950/- alleging that the said amount was collected excessively by opposite party No.1 bank. It is admitted that an amount of Rs.26,950/- was collected by opposite party No.1 bank from S.B. Account of the complainant in opposite party No.2 bank. As seen from Ex.B6 photo copy of loan account statement of the complainant it is very clear that still some amount is due by the complainant to opposite party No.1 bank under loan account. The complainant did not discharge the loan taken by him from opposite party No.1 bank. Ex.B2 is the copy of the loan agreement letter dated 09-09-2005 where in it is noted that the complainant agreed that the bank shall have a right of lien on all monies and accounts etc. The deductions from the account of the complainant in opposite party No.2 bank were made by opposite party No.1 bank towards the loan account of the complainant. Admittedly the complainant has not cleared the entire loan due by him to opposite party No.1 bank. The complainant is a defaulter. As the complainant committed defaulter, opposite party No.1 bank got the amount deducted from the S.B. Account of the complainant in opposite party No.2 bank. The complainant who is a defaulter in payment of the installments is not entitled for return of Rs.26,950/- deducted by opposite party No.1 bank towards the arrears of installments. No deficiency of service is found on the part of the opposite parties. The complainant unnecessarily filed the present complaint without any basis. The complainant is not entitled for return of Rs.26,950/-.
9. In the result, the complaint is dismissed without costs.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 10th day of April, 2012.
Sd/- Sd/- Sd/-
MALE MEMBER PRESIDENT LADY MEMBER
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant : Nil For the opposite parties : Nill
List of exhibits marked for the complainant:-
Ex.A1 Photo copy of Letter by complainant to
opposite party No.2.
Ex.A2 Photo copy of Letter by complainant to
opposite party No.1.
Ex.A3 Office copy of Legal Notice to opposite party No.1
dated 21-04-2011 along with postal receipt and Acknowledgement.
Ex.A4 Office copy of Legal Notice to opposite party No.2
dated 21-04-2011 along with postal receipt and Acknowledgement.
Ex.A5 Photo copy of Letter by complainant to
opposite party No.2
Ex.A6 Bank Pass Book of complainant (B.Aalam Basha).
Ex.A7 Bank Pass Book of complainant (B.Aalam Basha).
List of exhibits marked for the opposite parties:-
Ex.B1 Photo copy of Agreement Letter dated 09-09-2005.
Ex.B2 Photo copy of Personal Loan Agreement dated 09-09-2005.
Ex.B3 Photo copy of Deed of Guarantee dated 09-09-2005.
Ex.B4 Photo copy of Account Statement No.30606003488 period
from 12-12-2008 to 20-08-2011.
Ex.B5 Photo copy of Account Statement No.30606003488 period
from 05-10-2010 to 20-08-2011.
Ex.B6 Photo copy of Loan Account Statement No.10937280068
period from 09-90-2005 to 25-08-2011.
Ex.B7 Photo copy of Legal Notice dated 14-03-2008.
Ex.B8 Photo copy of Postal Receipts.
Ex.B9 Photo copy of letter of opposite party No.2
dated 23-11-2010.
Sd/- Sd/- Sd/-
MALE MEMBER PRESIDENT LADY MEMBER
// Certified free copy communicated under Rule 4 (10) of the A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties :
Copy was made ready on :
Copy was dispatched on :
