West Bengal

Paschim Midnapore

CC/149/2017

Prabir Rakshit - Complainant(s)

Versus

United Bank of India - Opp.Party(s)

Somasish Panda

27 Apr 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

   Bibekananda Pramanik, President,

Pulak Kumar Singha, Member

and

Sagarika Sarkar, Member. 

 

Complaint Case No.149/2017

                                          Prabir Rakshit, S/o   , At- Inda Bamunpara, P.O. Inda, P.S. Kharagpur (Town),

                                                                                    District – Paschim Medinipur.   

                                                                                                                    ………..……Complainant.

                                                                              Vs.

                                         United Bank of India, Represented by its Manager, Gole Bazar Branch, at Gole Bazar. P.O.

                                                         Kharagpur, P.S. Kharagpur (Town), District- Paschim Medinipur.

                                                                                                 .....……….….Opp. Party.

                                                    

              For the Complainant: Mr. Somasis Ponda, Advocate.

              For the O.P.               : Mr. Santanu Das, Advocate.

                                                         

                                                                                          Date of filing:25/09/2017

Decided on: - 27/04/2018

                               

ORDER

                          Bibekananda Pramanik, President –This consumer complaint u/s 12 of the C.P. Act has been filed by the complainant Sri Prabir Rakshit  against the above named O.P, alleging deficiency in service on their part.

               Complainant’s case, in brief, is as follows:-

              The complainant obtained house building loan of Rs.3,00,000/-  under a loan a/c no.0504300013766 from the O.P.- United Bank of India against deposit of deed and L.I.C. policy as collateral security and the O.P. also issued a sanction letter dated 21.12.2006 on certain terms and conditions.  After payment of all EMIs of loan, the complainant went to the O.P.-bank in the month of February,  2017 and verbally requested the O.P. to return his original deed and Life Insurance Policy which were kept by the bank at the time of disbursement of loan as security but the O.P. took time to return those

Contd…………..P/2

 

(2)

documents.  Thereafter the complainant on several times went to the office of the O.P.-bank for that purpose and finally the O.P.-bank turned down the request of the complainant.  Being questioned, the O.P.-bank verbally informed the complainant that a sum of Rs.30,000/- is till due in his loan account.  O.P.-bank did neither bring any notice regarding that nor did they give any statement of account.  It was disclosed by the O.P.-bank that they have imposed 10% interest on the loan instead of 9.75% and they also demanded an extra amount as service charge against the said loan, although at the time of processing of loan, the O.P.-bank gave opportunity to the consumer that processing fees will not be imposed and as such at the time of sanction of the loan, they did not take any processing fees.  It is stated that the O.P. has not closed the loan a/c on the plea of dues of service charge and loan processing charge and they also did not return the original deed and L.I.C. policy to the complainant.  It is stated that the complainant is a Government officer and his respect has been lower down due to such fault and unfair trade practice on the part of the O.P.  Hence the complaint, praying for directing the O.P.to return the original deed and L.I.C policy and to pay litigation cost of Rs.5000/- and compensation of Rs.50,000/-.

                 The opposite party has contested this case by filling a written version.  

                  Denying and disputing the case of the complainant, it is the specific case of the opposite party that on basis of application dated 12.12.2006 of the complainant, the O.P.-bank sanctioned United Housing Loan for Rs.3,00,000/- to him vide sanction letter dated 21.12.2006.  After knowing the terms and conditions of the bank, the complainant executed loan documents in favour of the bank.  Loan interest was Rs.9.7% p.a. as stipulated in the loan agreement but the complainant has falsely stated in his complaint that the rate of interest was charged @10% p.a.  In the sanction letter dated 21.12.2006,  it has been clearly stated that all service charge, interest, cost and such other charges which are applicable for the said loan shall be debited to the loan account and as such different charges towards processing fees, inspection charges, documentation charges, mortgage charges which were applicable in that case were realised and debited to the loan account of the complainant.  It is stated that the complainant being the borrower accepted the terms and conditions of the bank by signing on all loan documents and sanction letter.  It is alleged that the complainant sent a letter dated 1.08.2017 to the Regional Office of the bank with some false claim and prayed for release of documents which were kept in the custody of the O.P.-bank and in reply, the O.P-bank sent a letter dated 11.08.2017 to the complainant stating all facts for charging different charges in the loan account.  In the said letter the O.P.-bank also informed that some pledged R.I.P. and L.I.C. policy against the said loan shall be adjusted in the loan account in case of non-payment of dues of loan.  At present, after adjustment of the R.I.P. on 26.09.2017 for Rs.22,416.36/- with interest, a

Contd…………..P/3

 

(3)

small amount of Rs.7,640.44/- with interest has been charged upto 21.11.2017 and the same is still due and payable by the complainant.  After clearance of all such dues by the complainant, the O.P.-bank shall issue no due certificate and shall a return other documents to the complainant.  It is stated that without clearing all loan dues, the complainant cannot claim return back of the documents from the bank.  It is further stated that the instant complaint has been filed only with a view to harass the bank authority on false and frivolous grounds.  O.P. therefore claims dismissal of the complaint with cost.

             To prove his case, the complainant Prabir Rakshit  has examined himself as PW-1 by tendering a written examination-in-chief  and during his evidence, few documents were marked exhibit 1, 2&3 respectively.  On the other hand, O.P-bank has examined it’s Branch Manager Debaprasad Narzarg as OPW-1 and during his evidence two documents were marked as exbt. A&B respectively. 

 

                                                                 Points for decision

1. Is the case maintainable in it’s present form and prayer?
2. Is there any deficiency in service on the part of the opposite party?
3. Is the complainant entitled to get the reliefs, as sought for?    

                   

Decision with reasons

           Point no.1:-

Maintainability of this case has not been questioned by any of the parties at the time of final hearing of this case.  On perusal of the pleadings of the parties we do not find anything to hold that the case is not maintainable.

This point is therefore decided in the affirmative and in favour of the complainant.

Point no.2:-

                  From the respective pleadings of the parties as well as from their evidence on record, it appears that admittedly the complainant was granted house building loan of Rs.3,00,000/- by the O.P.-bank vide loan A/C no.0504300013766 and as per sanction order dated 21/12/2006, the period of repayment of loan was ten years  with equal monthly installment of Rs.3956/-each.

                   Deficiency in service on the part of the O.P.-bank has been alleged by the complainant that although he made regular payment of EMIs and although after completion of tenure of payment of EMIs, the O.P.-bank did not return his original deed and LIC policy which were kept by the O.P.-bank as security of loan.  It is alleged by the complainant that the O.P.-bank imposed 10% interest instead of fixed interest @9.75% and they have demanded extra amount towards servicing charge and processing charge and according to

Contd…………..P/4

 

 

(4)

 him a further sum of Rs30,000/- was therefore lying due in his loan A/C.  It is further alleged by the complainant that at the time of sanctioning loan, the complainant was exempted from giving processing fees and service charge.  As against this, it is the case of the O.P.-bank that in the sanction letter dated 21/12/2006 it was clearly stated that all service charge, interest, cost  and other charges which are applicable for the said loan shall be debited to the loan account and those were realised and debited to the loan account.  It is also the case of the O.P.-bank that the interest of loan was @ 9.75% p.a. as stipulated  in the loan agreement but the complainant has falsely stated that  the rate of interest was charged @ 10% p.a.  Said sanction order of loan has been marked as exbt. 1 and exbt.B respectively.  In his cross-examination,  it is none but the complainant himself has admitted that he took the loan from the O.P.-bank according to terms and conditions of the loan and he signed on all papers of loan. He has further stated that he has no document to show that the O.P.-bank assured him that no processing fees of said loan will not be taken.  From the sanction letter (exbts. 1 & B) we find that in column no.9, it has been clearly stated that all service charges, interest, cost and such other charges as are applicable in the said loan are to be debited to your said account.  This sanction letter bears the signatures of the manager of the bank as well as of the complainant.  We have already stated that the complainant himself has admitted that after knowing the terms and conditions of the loan, he took the said loan from the O.P.-bank and he signed on all papers of loan.  In that view of the matter it cannot be said that the service charge, processing fees so deducted by the O.P.-bank is illegal and beyond the terms and conditions of the loan.  From the statement of account (exbt.2),  so filed by the complainant, we find that there was dues of loan of Rs.29,230/- as on 30.06.2017 in the said a/c of loan.  At the time of hearing of argument, O.P.-bank filed the statement of a/c and from that document we find that there is still balance of Rs.7640/- in the said loan a/c as on 21.11.2017.  Complainant does not say that he paid the said balance amount of Rs.7640/-.

                   In the above facts and circumstances of the case and the discussions made above it is held that since the complainant has not paid up the entire loan amount along with processing charge and service charges etc., so the O.P.-bank had not committed any deficiency in service in not returning the title deed and LIC policy which were pledged as security of the loan.

                        This point is accordingly decided against the complainant.                     

               

            Point no. 3:

 In view of our above findings in point no. 2, the complainant is not entitled to get

           any relief, as prayed for.                     

                    All the points are accordingly disposed of.

Contd…………..P/5

 

(5)

                     In the result, the complaint case fails,

                                                           Hence, it is,

                                                             Ordered,

                                                 that the complaint case no.149/2017 is hereby dismissed on contest but in the circumstances without cost.

                                           Let plain copy of this order be given to the parties free of cost.

 

                Dictated and Corrected by me

 

                     

                        President                         Member                      Member                       President

                                                                                                                                District Forum

                                                                                                                              Paschim Medinipur