Shri B. Mukhopadhyay, President.   

This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this complaint asserted that complainants took a house building loan for Rs.3 lakhs from the OP Bank against HBL A/c. No.010500          NC00001127 subject to repayment of the said loan by equal 180 EMIs of Rs.4,600/- and that loan was sanctioned on 26-04-1997 and it is the case of the complainant that complainant has already paid a sum of Rs.6,15,156/- but OPs are still claiming a further sum of Rs.3,69,663/- and further without any intimation to the complainant OP debited the total amount of Rs.60,665/- on 31-03-1995 from his fixed deposit and when complainant came to know about such unauthorized, high-handedness and deficient action of the OPs they went to Senior Manager, Punjab National Bank, Shyambazar Branch, who simply admitted their fault and expressed their only word ‘sorry’ and only promised to restructure the total repayment schedule, adjusting the wrongly debited amount and to communicate the same to the complainants.  But they never kept their promise but subsequently complainant came to know about reconstruction of repayment schedule, equated monthly instalments and rate of interest but everything was done unilaterally and without consent of the complainant and as because the restructure of the loan were arbitrary and vague complainant requested the OP to rectify the same but that was not at all done.

          Ultimately on 01-09-2008 the complainant wrote a letter to the then Senior Manager of the OP asking clarification of their claim and contention but no reply was received.   Thereafter, a final demand notice was sent by the complainant through Ld. Advocate on 17-05-2012 demanding true details of the loan account but the same was unanswered.  A further reminder was sent on 02-07-2012, however, OP3 on 25-07-2012 wrote a letter to the complainant but no fruitful result was received even after receipt of the letter.

          But as because complainants already paid Rs.6,15,156/- against already paid loan of Rs.3 lakhs but OPs have not as yet dispose of the loan account and for which they have prayed for relief.

          On the other hand, OP3 by filing written statement submitted that complainant had deposited Rs.5,04,000/- in loan account up to 30-04-2012 but not Rs.6,15,156/- as claimed and besides that Fixed Deposit proceeds of Rs.60,555/- was credited in the account on 31-03-1999 thus a total sum of Rs.5,64,555/- was credited in the loan account up to 30-04-2012.  But OPs has asserted that the balance amount of Rs.3,69,663/- as on 2012 is still unpaid.  So, demand notice was sent and other allegations are false and fabricated and further they have submitted that the complainant’s loan was restructured with the prayer of the complainant and existing request of the complainant and complainant promised to repay the revised instalment @ Rs.4,700/- per month till full payment of loan but thereafter they did not pay so, under circumstances the complainants are not entitled any relief.

Decision with Reasons

On proper consideration of the entire materials on record including the argument as advanced by the Ld. Advocate of the OP and further considering that admittedly as per statement of loan of the complainant total balance as on 29-09-2012 is 3,79,973/- and fact remains on various occasions EMIs were not paid properly.  Thereafter, complainant wrote a letter on 11-07-2003 to the OP for reconstruction of the loan amount for providing sum and relaxation in the rate of interest to enable him to pay the balance amount.  Thereafter, the account was reconstructed that was informed to the complainant and after that complainant on 13-08-2003 reported to Branch Manager, P.N.B., Shyambazar Branch that complainant shall have to clear the dues in each month @Rs.4,700/- as EMIs and clear the entire balance.  So, it is clear that as per request of the complainant reconstruction of the loan account was made that was informed to the complainant.  Complainant accepted the reconstruction of the loan as given by the OP and admitting their satisfaction complainant wrote a letter to the OP on 13-08-2003 that they shall have to deposit in cash in every month the repayment of loan of Rs.4,700/- then it is clear that there was no fault on the part of the Bank Authority.  On the contrary from the letter of the complainant written to the OP it is clear that complainant failed to pay regular EMIs as he faced road accident on two occasions for which it was not possible for the complainant to repay the same.  Then it is clear that complainants are defaulter may be for some financial reasons or for family reasons but for that reason Bank also considered their prayer and reconstructed the loan account that complainant accepted it but thereafter, did not pay the same.  so, the status of the complainant as loanee member is defaulter so as defaulter the present complainants as consumer are not entitled to any relief.  In view of the fact complainants have failed to prove any sort of mala practice or any sort of deficiency in service on their part of the OP in support of this loan account or rendering no service in support of the complainant.  No doubt, we have gathered in so many cases when the loanee member is unable to pay the loan amount and when the Bank is ready to take any action then and there such type of defaulter loanee member file the complaint for getting relief but fact remains if there is no deficiency or negligence on the part of the Bank then how the Forum can grant any relief to the defaulting consumer only for the purpose of delaying payment.  So, this case fails but complainant has miserably failed to prove the deficiency or fault on the part of the OP and this complaint fails

          Hence,      

Ordered

That the case be and the same is dismissed on contest against the OPs but without any cost.