JUDGEMENT

          Complainant by filing this complaint has submitted that she started a business of ready made garments under name and style M/s Jia Garments in the year 2007 at 165 Mahesh Paul Lane, Santragachi, Howrah-711104.  Thereafter on 15.07.2010 complainant applied for loan and accordingly an amount of Rs.9,50,000/- was sanctioned by the op bank by keeping a primary security as Stock on Book Debts and security as Rs.2,00,000/- of fixed deposit of the complainant.

          That approximately after one year complainant shifted her business to her residence and it was duly informed the same to the op bank by her letter dated 07.05.2011.  Subsequently a manager of the op bank by his letter dated 18.07.2011 intimated the complainant that her loan account has been overdue for two months which according to him might be either due to deposit of small account or due to not at all deposit of any amount and complainant was compelled to deposit the entire outstanding amount within five days and the complainant complied that.

          On 20.07.2012 complainant’s husband received a notice u/s 160 of the CPC, from the office of Superintendent of Police Central Bureau of Investigation (CBI) (Anti Corruption Branch) through which complainant’s husband was asked to appear for investigation because some investigation was started by CBI for an offence committed by some officers of the op bank.  so all loan account holder had been invited for gathering before the said authority.

          On 29.09.2011 without any intimation to the complainant her loan account was ceased by the op bank and amount of Rs.2,14,926/- in her fixed deposit was adjusted against her due loan, in addition to this, complainant further paid the amount of approximately Rs.1,00,000/- within a couple of months and has been continuously paying various amounts, but numerous requests of the complainant to activate the said loan account goes in vain and fact remains the op bank neither issuing any receipt nor giving a true statement of balance amount due upon the complainant but continuously deducting charges for recovery agents etc.

          On repeated requests complainant was allowed to see her closed account statement which states that a balance amount due to the tune of Rs.6,34,341/-.  Moreover ignoring and harassing the customers, op bank mainly devoted in protecting there officials/officers only.  In the above circumstances, complainant has prayed for restraining the op from charging rate of interest beyond the date of cessation/closure of account which is the result of dishonest officers of the op bank engaged in corruption and to furnish true statement of loan account to the complainant and for compensation for harassing the complainant.

          Fact remains in this case notice was served upon the op, but op did not turn up ultimately and did not contest for the case is heard exparte.

                                                  Decision with reasons

          On careful consideration of the complaint and also considering the entire fact, it is found that complainant took a loan from the op bank for her business M/s Jia Garments of readymade garments and cloth situated at 165 Mahesh Paul Lane, Santragachgi, Howrah-711104.  Fact remains loan was sanctioned by the op bank on 15.07.2010 to Smt Jhumi Das, Proprietor at 165 Mahesh Paul Lane, Santragachi, Howrah-711104 and total limit was Rs.9,50,000/- and limit of stock of Rs.7,50,000/- and limit stock on Book Debts and security of Rs.2,00,000/- i.e. total Rs.9,50,000/- and rate of interest is specifically noted as per bank standard rate may be changed from time to time and security was Rs.2,00,000/- of fixed deposit account and personal guarantee had been made by Sri Jayanta Chakraborty and as per said loan sanctioned order complainant was directed to submit stock statement within 10^th of every month and Profit & Loss A/C and Balance Sheet at the end of every financial year.  But complainant has failed to show that she used to submit stock statement within 10^th of every month and Profit & Loss A/C and Balance Sheet at the end of every financial year.  Complainant has further submitted that she deposited money time to time to clear up the loan dues, but complainant has not filed a single receipt in support of that she deposited money. 

          Truth is that without the permission of op bank, complainant closed down that business from 165 Mahesh Paul Lane, Santragachi, Howrah-711104.  But complainant has tried to prove that she submitted a letter to the Bank Authority on 07.05.2011 that she has already changed her business from Mahesh Paul Lane, Santragachi, Howrah to 1B, Satkari Mitra Lane, Kolkata – 700054 from her house she has been running her business.

          But fact remains without the permission of the bank; complainant cannot change her business place when she took loan by showing her place of business at 165, Mahesh Paul Lane, Santragachi, Howrah-711104. But from the letter dated 28.07.2011 issued by op bank, it is clear that complainant withdrew overdue amount from the same sanctioned loan limit for continuous two months without clearing the balance of the sanctioned loan amount.  So, bank authority directed the complainant at her home address to submit stock statement regularly that means complainant did not submit stock statement month wise for which her loan account was irregular and ultimately entire outstanding balance was recalled and complainant was asked to clear the entire balance amount within 15 days otherwise they shall have to take legal action.

          So, considering that fact it is clear that complainant is a habitual defaulter as lonee and not only that she withdrew overdue amount that means above the total limit of Rs.9,50,000/- for which ultimately they found that complainant has not been submitted stock statement in every year and also did not pay regular payment for which ultimately the loan account was closed and the security deposit amount of Rs.2,00,000/- was also adjusted and after adjustment the balance was Rs.6,34,341/-.  But most interesting factor is that complainant has not produced any receipt to show that how much she had paid to the bank in between the period from the date of granting loan and till filing of the present case on 19.04.2013.  but it is the version of the complainant that complainant paid money time to time but no receipt was given.  But it is completely a false statement because deposit of money made against voucher or deposit slip, so part of the slip must be with the complainant.  But complainant is silent.  But after considering the entire complaint it is clear that some misdeed has been done by the husband of the complainant in respect of the withdrawing the amount for which CBI enquiry is made and her husband has called as witness and that was not caused for filing the case.  But it is not our duty to ascertain for what purpose CBI enquiry was held.

          But we must have to consider whether there is deficiency and negligence on the part of the op bank.  But in this case complainant has failed to prove any deficiency or negligence on the part of the op.  On the ground that complainant overdue the amount the above total limit of Rs.9,50,000/- and till now even after adjustment of Rs.2,00,000/- security deposit present balance amount is more than Rs.6,35,000/- and complainant now tried to convince this Forum that she has sent and got the details of her closed account.  But we are unable to understand for what reason the complainant is showing so.  If complainant filed such application before bank authority, bank authority must have to handover the same and loan account is a pass book which is kept with the lonee member that pass book has not been submitted by the complainant but they are causing the op for not supplying the same.  When that is the fact, then we can direct the bank to hand over a copy.  But only deficiency or negligence on the part of the op is not at all proved.

          On the other hand complainant is a bona fide defaulter for payment of loan account and a bona fide defaulter cannot get any relief.  But even then we are directing the bank to serve detail copy of the loan account of the complainant along with present situation of the said account by sending it to the complainant by speed post and in fact that shall be the final order in this case which will serve the purpose of the complainant.

          In the result, the complaint succeeds in part.

          Hence, it is

                                                             ORDERED

          That the complaint be and the same is allowed exparte in part without any cost against the op.

          Op is directed to deliver or to send the detailed statement of account up to date in respect of the loan account of the complainant i.e. cash credit loan account and after preparing the same, op shall have to send it to the complainant at her address by registered post with A/D but any other relief is not granted in this regard.