Consumer Complaint No. 145 of 2016
Date of filing: 22-08-2016 Date of disposal: 25-11-2016.
Present : Sri Asoke Kr. Mandal Hon’ble President,
Smt. Silpi Majumer Hon’ble Member,
Siddhartha Ghosh, S/o. Madhusudan Ghosh, resident of
Vill-Bandra, P.O. & P.S.-Katwa, District-Burdwan,
Pin-713 130. Complainant.
VERSUS
- UCO BANK, Katwa Branch, represented by its
Senior Manager, Having its office at Ganesh
Market, (1st floor), Kachari Road, Katwa,
District-Burdwan, Pin-713130. Opposite Parties.
Appeared for the complainant : Ld. Advocate Suvro Chakraborty.
Appeared for the O. P. No. 1 : None.
JUDGEMENT
This case was heard ex-parte as in spite of service of notice upon the O.P., the O.P. did not appear to contest this case.
This is a case U/s. 12 of the C.P. Act, 1986 for an award directing the O.P. to pay subsidy amount of Rs.12,500/- with interest @ 12% p.a., to pay Rs.50,000/- as compensation for mental pain, agony and harassment and to pay Rs.20,000/- as litigation cost.
The complainant’s case in short is that the complainant belongs to a poor family. He set up his mine to start a business of selling of books, note books, pen, pencil and others after taking loan under Pradhan Mantri Rajkar Yojana, from the O.P. For that perpose, after taking a training for a period from 14.3.2008 to 28.3.2008 under said Yojana, he made an application observing all the formalities including deposit of Rs.5000/- as margin money. The O.P. No.1 sanctioned a loan of Rs.1,00,000/- vide Loan A/c. No.TL/PMY/4752 (CBS13860600006319) on condition that the complainant shall repay the loan amount along with interest @ 11.5% p.a. within a period of five years. As per terms of the Pradhan Mantri Rojkar Yojana the complainant is entitled to get subsidy of Rs.12,500/- from the O.P. No.1. On receipt of said loan, the complainant started his business and he repaid the outstanding balance of said loan account to the O.P. on installments within the period ending with 26.2.2016. The O.P. issued ‘No Due Certificate’ in favour of the complainant on 7.3.2016 Thereafter, the complainant on several occasions requested the O.P. to pay subsidy amount of Rs.12,500/- but the O.P. did not pay any heed. The complainant submitted representation before the Zonal Manager of the O.P. bank and before the local B.D.O on 2.1.2012 and 25.2.2016 respectively but upto this date no fruitful result has been achieved. As such there is/was deficiency in service on the part of the O.P. and accordingly the complainant is entitled to get an award as mentioned above.
DECISION WITH REASON
In support of his case the complainant has relied upon the contents of the complaint the photocopies of some documents which are the first page and the last page of the pass book related to the SB A/c. No. TL/PMY/ 4752 (CBS13860600006318). ‘No Due Certificate’ issued on 7.3.2016, letter dated 25.2.2016 written to the Zonal Manager of UCO Bank, letter dated 2.1.2012 written to the BDO, certificate issued by District Industries Centre showing that the complainant has undergone a course of Pradhan Mantri Rojkar Yojan Training, photocopy of identity card issued by the Employment Office, Katwa, certificate issued by the West Bengal Council of Higher Secondary Education and the admit card issued by the West Bengal Board of Secondary Education. No oral evidence has been adduced from the side of the complainant. We carefully perused the contents of the complaint and documents on which the complainant has relied upon. During the course of hearing argument, the complainant submitted a Net Copy of modified order of Prime Minister Rojkar Yojana (PMRY) dated 10.11.2016. This copy of the order of modification dated 10.11.2016 will not help us to decide this case as the complainant took loan under Primary Minister Rojkar Yojana for starting his new business, long before this modified order. No copy of Prime Minister Rojkar Yojana, for starting new business by poor and unemployed youth, is produced for perusal. The first page of SB A/c. No.TL/PMY/4752 (CBS13860600006319) and the last page of A/c. No.TL/PMY/4752 (CBS13860600006318) are not tallying the case of the complainant. In para-2 of the complaint the complainant has stated that loan of Rs.1,00,000/- was granted by the O.P. vide Loan A/c. No. A/c. TL/PMY/4752 (CBS13860600006319). From the case of the complaint it appears that A/c. No. CBS13860600006319 is related to A/c. No. TL/PMY/4752 but the photocopies of the first page and the last page of the pass book, submitted by the complainant show that A/c. No. 13860600006318 is related to the A/c. No. TL/PMY/4752. The complainant has claimed that he has repaid outstanding dues of loan account being SB A/c. No.CBS13860600006319. The photocopy of the ‘No Due Certificate’ supports said case of the complainant. But nothing is coming to show that the A/c. No. CBS13860600006318 is related to the loan in question. The statement of A/c. No.CBS13860600006319 has not been submitted in this case. No document is coming to show that during the period of repayment of loan, the complainant did not get the subsidy, if any, from the Central Government and the O.P. being a bank has liability to pay the subsidy to the complainant as claimed. The complainant has admitted that he had liability to repay such loan amount within a period of five years. From the contents of the complaint it appears that the loan was sanctioned in the year 2008 but the complainant has repaid the outstanding dues of the loan account within the period ending with 26.2.2016. So it is clear that the complainant did not repay the outstanding dues within the stpulated period. No document from the side of the complainant has been produced showing that he is entitled to get subsidy amount of Rs.12,500/- from the O.P. bank or from the Government of India. In view of our above discussions it is clear that the complainant has not come before this Forum with clean hand and the complainant has failed to prove his case. The materials on record does not show the deficiency in service on the part of the O.P. Accordingly the complainant’s case fails.
Fees paid is correct. Hence, it is
Ordered
that the C.C. No.145/2016 is dismissed ex-parte without any cost against the O.P.
Let a copy of this order be supplied to the complainant free of cost.
(Asoke Kr. Mandal)
Dictated and corrected by me. President
D.C.D.R.F., Burdwan
(Asoke Kr. Mandal)
President (Silpi Majumder)
D.C.D.R.F., Burdwan Member
D.C.D.R.F., Burdwan
