DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

WEST TRIPURA :  AGARTALA

 

 

CASE   NO:   CC- 31 of 2019.

 

Sri Sukumar Debbarma,

S/O. Late Brajendra Debbarma,

Vill.-Dhupachara, Rasaraj Nagar,

A.D.C.-Village, P.O.-Ramchandraghat,

P.S.-Khowai,  Pin-799207,

Dist.Khowai Tripura…....................................................................................Complainant.

 

 

 -VERSUS-

 

1.Tripura Gramin Bank,

Head Office-Abhoynagar, 

Nearby Radhanagar Bus stand, Agartala,

Dist.-West Tripura, Pin-799001.

 

2. The Branch Manager,

Tripura Gramin Bank, 

Chebri Branch, Chebri,

P.S.-Khowai,

Dist.-Khowai Tripura,

Pin-799207.................................................................................................Opposite parties.

 

 

 

     __________PRESENT__________

 

 SRI BAMDEB MAJUMDER

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL FORUM,

      WEST TRIPURA, AGARTALA. 

 

SRI UMESH DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

SMT. Dr BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

 

C O U N S E L

 

 

For the Complainant : Sri Shibu Chandra Deb,

  Advocate.

 

For the O.P. Nos.1&2.    : Sri Tapan Kumar Modak,

  Advocate.

 

 

JUDGMENT  DELIVERED  ON :  20/ 03 /2020

 

J U D G M E N T

          The Complainant Sri Sukumar Debbarma, set the law in motion by presenting the petition U/S 12 of the Consumer Protection Act, 1986 complaining deficiency of service by the O.Ps.

 

Complainant's case, in brief, is that the Complainant on 27/02/2014 obtained one KCC Loan for an amount Rs.12,000/- under A/C. No.8013250918664 from the O.P. Gramin Bank, Chebri Branch, Khowai Tripura. As per the agreement the loan amount was to be repaid along with interest @7% per annum within two crop seasons from the date of it's disbursement i.e. on and from 27/02/2014. After taking the loan the Complainant deposited Rs.500/- against the loan account. The complainant has alleged in his complaint that the O.P. Bank without giving any prior notice to him debited Rs.15,000/- on 12/03/2019 from his another savings account vide A/C. No.8025010009370 which is lying with the O.P. Bank at Khowai Branch.   

So, being aggrieved and dissatisfied with the conduct of the O.Ps.,  the Complainant has filed the instant complaint before this Forum against the O.Ps. claiming refund of Rs.15,000/- with interest and compensation of Rs.10,000/- for causing harassment and mental agony  by the O.Ps.  

Hence this case.

 

2. In due course of time notices were duly sent to the O.Ps. from the Forum. 

  Both the O.Ps. in response to the notices made appearance through their engaged Counsel before the Forum. 

  The O.Ps. in the written objection denied the contentions and allegations made by the Complainant in his complaint.

 

        According to the O.Ps., the Complainant had been allowed KCC Loan under Loan A/C. No.8013250918664 for an amount Rs.12,000/- based on his application addressed to the O.Ps. The Loan was sanctioned on 27/02/2014 with a condition that the loan amount was to be repaid within two crop seasons from the day of disbursement of the loan amount i.e. on and from 27/02/2014. After availing the loan amount the Complainant did not maintain the loan account satisfactorily. The loan account was turned into NPA. The matter was duly intimated to the Complainant and he was persuaded by the O.P. Bank for refunding the outstanding dues and for getting the  loan account regularized. The Complainant however did not pay any hid to the request of the O.P. Bank. The O.P. No.2 was compelled to debit Rs.15,000/- from the Savings Account of the Complainant bearing No.8025010009370 which is lying with the O.P. Bank at Khowai Branch. On depositing the loan amount Rs.11,837/- out of Rs.15,000/- in to the loan account, the status of the loan account of the Complainant has been revived as Performance Assets(P.A.). The O.P. has further stated in their W.O. that consequent upon depositing the amount of Rs.11,837/- in to the loan account out of Rs.15,000/- the residual amount Rs.3,163 is also got credited in the loan account and as a result the present effective available balance amount stood at Rs.15,163/-(Rs.12,000/- + Rs.3,163/-) in the Loan Account.         

             Denying any sort of deficiency of service, the O.Ps. have prayed for dismissal of the complaint with costs.         

                       

EVIDENCE ADDUCE BY THE PARTIES:-

3. The Complainant Sri Sukumar Debbarma examined himself as witness. He has submitted his examination in chief by way of affidavit. He has produced 05 documents.  The documents on identification have been marked as Exhibit – 1 Series. The Complainant was cross examined by the O.Ps'. side. 

  On behalf of the O.Ps., one witness namely Sri Badri Sankar Roy Chowdhury, Branch Manager, Tripura Gramin Bank, Chebri Branch has been examined as witness for the O.P. side. He has submitted his Statement on Affidavit and produced 04 documents. He was cross examined by the Complainant side. The documents produced by him on identification have been marked as   Exhibit -A. 

 

4. POINTS TO BE DETERMINED:- 

  (i) Whether there was deficiency of service on the part of the O.Ps. towards the Complainant?

  (ii) Whether the complainant is entitled to get compensation/  relief as prayed for?      

 

5. DECISION   AND  REASONS  FOR  DECISIONS:- 

      We have heard arguments from both sides. 

The O.Ps. have submitted written arguments through their engaged Advocates. 

We have carefully gone through the pleadings of both the parties, the evidence, both documentary and oral adduced by both sides. 

We have also gone through the written arguments of the O.Ps. 

We have considered the arguments advance by the both sides'. 

It is evident from the case record that the Complainant on 27/02/2014 had obtained one KCC Loan of Rs.12,000/- from the O.P. No.2, the Branch Manager, Tripura Gramin Bank, Chebri Branch. As per the terms and conditions of the loan agreement the Complainant had to repay the loan amount within two crop season with @7% interest from the date drawl of the amount. The Complainant drew the entire loan amount from the Bank on 27/02/2014. He repaid only Rs.500/-. In spite of persuasion made by the O.P. Bank the Complainant did not pay any further amount. Consequently,  the loan account turned into NPA. Ultimately on 02/03/2019 the O.P. No.2 issued a letter to the Complainant requesting him to met-up the outstanding loan amount with interest otherwise he would be proceed against as per law. By the said letter the Complainant was also appraised that in the event of his failure to clear up the loan amount with interest, the outstanding loan amount would be adjusted from his Savings A/C. No.3025010009370. The O.P. Bank ultimately debited Rs.15,000/- from the said Savings Account lying with the TGB, Khowai Branch and thereafter deposited the amount in the Loan Account of the Complainant which is lying in Chebri Branch. Consequently, the loan account has turned into Performing Assets(P.A) and the loan account also got regularized. From the Statement-on-Affidavit of the OPW and also from the written arguments filed by the O.Ps. we find that the present effective available balance amount in the loan account of the Complainant stood at Rs.14,378/-. In course hearing of argument Learned Advocate for the O.Ps. appraised us that the Complainant if desire can make transaction from the Loan Account vide No.8013250918664. 

 

From the pleadings of the O.Ps. and also from the documents(Exhibit -A series) we are satisfied that before debiting the amount Rs.15,000/-, the Complainant had been issued due notice by the O.P. Bank. Hence, the contention of the Complainant that the amount Rs.15,000/- was debited by the O.P. Bank behind his back is not entertain-able. 

6. In view of the discussion made above and having careful scanning of the evidence adduced by both sides', we are the opinion that the O.Ps.  can not be held liable for any deficiency of service towards the Complainant. The Complainant is found to have been a defaulter in repaying the loan amount. 

 

According to us the Complainant has failed to make out a case U/S 12 of the Consumer Protection Act, 1986 against the O.Ps. 

The Complainant is thus not entitled to any compensation/relief.  

Both the issue framed in this case are decided against the Complainant.

 

  We accordingly dismiss the Complaint filed by the Complainant. 

 

There is no order as to costs. 

 

    Announced.

 

SRI  BAMDEB  MAJUMDER

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL FORUM,

WEST TRIPURA,  AGARTALA

 

 

 

 

 

SRI  UMESH  DAS

MEMBER,

DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

 WEST TRIPURA,  AGARTALA.

 

SMT. DR  BINDU  PAL

 MEMBER, 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA