Punjab

Faridkot

CC/19/164

Shaminder Singh - Complainant(s)

Versus

Canara Bank - Opp.Party(s)

Sunil Chawla

13 Aug 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FARIDKOT

 

Complaint No. :          164 of 2019

Date of Institution :      02.07.2019

Date of Decision :        13.08.2024

Shaminder Singh aged about 25 years, son of Raghwinder Singh, resident of Tharaj Patti, Village Khara, Tehsil Kotkapura, District Faridkot.

.....complainant

Versus

Canara Bank, Branch Kotkapura, District Faridkot through its Branch Manager.

......OP

Complaint under Section 12 of the

Consumer Protection Act, 1986.

(Now, under Section 35 of the Consumer Protection Act, 2019)

 

Quorum:     Sh   Rakesh Kumar Singla, President,

Smt Param Pal Kaur, Member.

Present:       Sh Sunil Chawla, Ld Counsel for Complainant,

 Sh Dildeep Singh, Ld Counsel for OPs.

 

ORDER

(Rakesh Kumar Singla, President)

                                              Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against OPs seeking directions to OPs to settle his loan account, provide account statement, waive the loan amount or give rebate and for further directing OPs to pay Rs.50,000/-

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as compensation for harassment and mental agony suffered by him besides Rs.5,500/-as litigation expenses to complainant.

2                                                 Briefly stated, the case of the complainant is that complainant is having account bearing no.2104840001339 with OPs and he has been issued Kissan Credit Card Limit/facility. It is submitted that bank officials obtained signatures of complainant on several blank papers on pretext that same will be filled by concerned officials at the time of preparing loan case. It is submitted that at very tender age, complainant went through a tragedy and he lost his parents. His grandparents became dependent upon him and his grandfather also died and his grandmother who is suffering from Right Hemiplegia disease, became fully dependent upon him. Due to death of his parents, grandfather and ailing grandmother, he could not irrigate his land properly and procure proper yield from his crops and he spent his huge amount on treatment of his bed ridden grandmother. Complainant approached OP and requested to provide account statement, but officials of OP did not give him account statement, which is unfair trade practice. Complainant has alleged that bank can not charge penalties. Moreover, government has been giving benefit of waiving the loan, but OP has rather threatened complainant through notice Ex C-2 for making repayment of loan amount failing which coercive methods would be used for recovering the loan amount. Complainant has prayed before

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Opposite party that keeping in view the facts and circumstances of his family, he may be provided account statement for his loan account and to settle his account by providing him some rebate as given to others, but officials of OP refused to pay any heed to his genuine request, which amounts to deficiency in services and has caused harassment and mental agony to him. He has prayed for accepting the present complaint. Hence, the present complaint.

3                                                    Ld Counsel for complainant was heard with regard to admission of the complaint and vide order dated 09.07.2019, complaint was admitted and notice was ordered to be issued to the opposite party.

4                                                On receipt of the notice, OP filed written statement taking objections that complainant has not come to the Forum with clean hands and present complaint is not maintainable and there is no deficiency in service on the part of OP and therefore, it is liable to be dismissed. It is averred that complainant obtained Kissan Credit Card Limit vide loan account no.210484001339 and used the loan amount. Complainant has failed to provide any government authority or direction on record for availing benefit of rebate. Complainant never approached answering OP for the account statement and he replied to the notice issued by Bank with false averments to avoid his legal liabilities. Moreover, government neither issued any direction regarding

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waiving the loan amount nor complainant has ever produced any record regarding this. All the allegations levelled by complainant are wrong and incorrect, rather complainant has filed the present complaint only to avoid his liabilities. It is further averred that there is no deficiency in service or unfair trade practice on the part of answering opposite party. All other allegations and the allegation with regard to relief sought too were refuted with a prayer that complaint may be dismissed with costs against the answering opposite party.

5                                              Parties wanted to lead evidence to prove their respective pleadings and proper opportunity was given to them. The complainant tendered in evidence his affidavit Ex.C-1 and documents Ex C-2 to C-11 and then, closed his evidence.

6                                              In order to rebut the evidence of the complainant, Counsel for OP tendered in evidence affidavit of Satwant Singh, Manager, Canara Bank, Kotkapura as Ex. OP-1 and then, closed the evidence.

7                                                        We have heard learned counsel for parties and have very carefully gone through and perused the affidavits & documents placed on the file by complainant as well as opposite party.

8                                                         The case of complainant is that he is an account holder with OP bank and he has been issued Kissan Credit Card Limit.

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Grievance of the complainant is that he received a notice Ex C-2 from Bank vide which, Bank has asked him to make repayment of Rs.12,63,251/-, failing which legal action shall be taken against him for recovering the amount. Complainant duly replied the same and also approached OP with requests to provide him account statement for his loan account, but OP did not provide him loan account statement. Complainant has alleged that OP Bank has charged over interest and has not granted waiving facility to him as granted to other financially depressed persons. On the other hand, plea taken by Bank is that despite repeated requests and demands by Bank, complainant has failed to comply with the terms and conditions of the repayment schedule and therefore, his account has become irregular. Complainant is liable to pay the amount received from bank and bank also has every right to recover the same from complainant alongwith interest.

 9                                 It is noticed that bank account statement is a list of all transactions for a bank account over a set period, usually monthly and it  includes deposits, charges, withdrawals, as well as the beginning and ending balance for the period, along with any interest earned and charged over his amount and an Account holder generally reviews his bank statements every month to help keep track of expenses and spending, as well as monitors for any fraudulent charges or mistakes. Bank is required to furnish bank  account

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statement to its customers every month to facilitate them to know the details of transactions made, receipt, withdrawal and about interest charged or earned in account. It is evident from the record and there is no denial by OP bank that complainant is their consumer and thus, it is the duty of bank to furnish bank account statement to its consumer to keep track of repayment made and about outstanding balance amount to be paid by him for loan account and thus, act of OP in not providing bank account statement to complainant despite several requests, amounts to deficiency in service and bank is accountable for  unfair trade practice.

10                                                     In view of above discussion, keeping in view documents and evidence placed on record by respective parties and also from the pleading and arguments addressed by ld counsel for parties concerned, this Commission is of considered opinion that complainant has full right and he is entitled to get account statement for his Kissan Credit Card from Bank and it is accountability on the part of Bank to provide the same to complainant without any hesitation. Act of OP in not furnishing bank account statement to complainant amounts to deficiency in service. Therefore, complaint in hand is hereby partly allowed with direction to Canara Bank, Kotkapura to furnish bank account statement to complainant from the date of issuance of loan till date and are further directed to charge interest as per rules and regulations framed by

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Reserve Bank of India and to refund the over charged interest, if any. Opposite party is further directed to pay Rs.2000/-to complainant as compensation for harassment and mental agony suffered by him and for litigation expenses incurred by him on present complaint.

11                                              Compliance of this order be made by OP within 45 days from the date of receipt of the copy of this order, failing which complainant shall be entitled to proceed as per Consumer Protection Law.

12                                                  Complaint could not be decided within stipulated period due to heavy pendency of work and incomplete quorum.

13                                                   Copy of the order be supplied to parties free of cost as per law. File be consigned to the record room.

Announced in Commission

Dated: 13.08.2024

          (Param Pal Kaur)            (Rakesh Kumar Singla)

                                          Member                          President