Kerala

Idukki

CC/139/2018

Thomas Antony - Complainant(s)

Versus

Reserve Bank Governor - Opp.Party(s)

26 Jul 2019

ORDER

DATE OF FILING :13/07/18

IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 26^th day of July 2019

Present :

SRI. S. GOPAKUMAR PRESIDENT

SMT. ASAMOL P. MEMBER

CC NO. 139/2018

Between

Complainant : Thomas Antony, S/o Antony,

Kuzhikkattuthazhe House,

Nirappelsity, Vandanmedu P.O.,

Vandanmedu, Vellimala Kara,

Anakkara Village.

And

Opposite Party : 1 . The Reserve Bank Governor,

Badra-Kurla Complex, Bombay.

2 . The Regional Manager,

Union Bank of India,

Kodimatha, Kottayam.

3 . The Branch Manager,

Union Bank of India,

Vandanmedu Branch, Vandanmedu P.O.

O R D E R

SRI. S. GOPAKUMAR (PRESIDENT)

 

The case of the complainant is that,

 

Complainant is an account holder of the third opposite party bank having SB Ac/No.336902010010645 and having balance of Rs.38,000/- on the date of this complaint. The wife of the complainant has availed an agricultural loan from these opposite parties by pledging her properties. She died due to cancer. The complainant further stated that while the wife of the complainant was admitted in RCC Thiruvananthapuram, he tried to withdraw some amount from the above said SB account. At that time the complainant learned that the opposite parties stopped the release of the SB account amount, and due to the non-provision of better treatment to the wife of the complainant, she was taken to St.Johns Hospital, Kattappana and she died at there.

(Cont.....2)

-2-

When the complainant demanded the amount from the bank for his heart disease treatment, at this time he real come to know that his account is freezed by the third opposite party on the direction of the second opposite party and further learnt that it is the legal procedure of the first opposite party. Hence he cannot continue his treatment. The complainant further averred that if the complainant had given proper treatment through RCC to his wife, she can survive. Due to the act of the opposite parties in freezing his SB account all these mishaps happened it is a gross deficiency in service and unfair trade practice on the part of the opposite parties. This caused much mental agony and hardships to the complainant. Against this the complainant filed this petition against the opposite parties for getting relief such as to direct the opposite parties to pay Rs.5 Lakhs as compensation for the mental agony sustained by the complainant, and also direct them to pay Rs.14,50,000/- as compensation for the death of the wife of the complainant and Rs.50,000/- being the cost.

 

Upon notice opposite parties entered appearance and filed detailed reply version by denying the averments of the complainant. Opposite parties further contented that the third opposite party did not refund to withdraw the amount from the said SB account and also they has not freezed the SB account as per the direction of other opposite parties.

 

Opposite parties further stated that the wife of the complainant availed a term loan of Rs.5 Lakh from the third opposite party on 15/06/12 by pledging her landed properties. The complainant and his wife agreed to pay this loan in 60 equal instalments and further agreed to pay additional interest @ 2%. The complainant and his wife are highly irregular in repayment of loan instalments and has not cared to regularise the loan even after repeated demands from the part of the opposite parties. They did not care to repay the outstanding loan amount even after the expiry of the loan period. Hence the loan was clarified as WPA and the third opposite party marked lien in the SB account of the complainant as per banker's statutory right U/s 171 of Indian Contract Act to recover the arrears in the loan account. As per the ledger maintained in the opposite parties bank the balance amount outstanding in this loan account is Rs.7,91,515/- as on 30/11/18. The complainant and his wife are jointly and severally liable to pay these amount with interest, cost and other charges.

(Cont.....3)

-3-

Opposite parties further contented that, the bank has a general lien over all forms of securities or negotiable instruments deposited by or on behalf of the customer in the ordinary course of banking business and that the general lien is a valuable right of the banker judicially recognized and the absence of an agreement to the contrary, a banker has a general lien over such securities.

 

As the SB account maintained by the complainant and his wife is not an exclusive pension account, the bank can exercise the right of general lien over this account. Even though, the bank excluded the pension amounts, credited in this account and the complainant is free to withdraw the said amount and there is no restrictions imposed so far. During the pending of this case, the complainant withdraw his pension amount credited in this SB account and the general lien as marked only in his remaining amount in the account.

 

The fact being so, there is no deficiency in service or unfair trade practice from the part of the opposite parties in this matter, and the complaint is liable to be dismissed.

 

Evidence adduced by the complainant by way of documents. Complainant produced pass book of the SB account stated in the complaint and No oral evidthe front page of the pass book is marked as Ext.P1 and the pages having transaction entries marked as Ext.P2. ence adduced.

 

From the opposite parties side, the third opposite party was examined as DW1. Ext.R1 and Ext.R2 were marked. Ext.R1 is the SB account statement of complainant and his wife, Ext.R2 is the copy of audit file enquiry.

 

Heard both sides,

 

The point that arose for consideration is whether there is any deficiency in service from the part of opposite parties, and if so, for what relief the complainant is entitled to ?

 

The Point:- We have heard the counsel for the opposite parties and the complainant himself. It is an admitted fact that, the complainant's wife availed a

(Cont.....4)

-4-

term loan of Rs.5 Lakhs from the third opposite party bank and it became clarified as non performing asset. Hence the opposite parties marked lien upon the joint SB account which is the subject matter of this case, as per law. The third opposite party bank freezed the amount which is credited in this account. The opposite parties bank has such an authority or statutory right to mark general lien over all terms of securities deposited by or on behalf of the defaulted borrower. Here the SB account mentioned is a joint account and it is evident from Ext.P1 facing page of the SB account pass book. So the third opposite party bank is having authority to freeeze the withdrawal from this account, because one of the account holder is a loan defaulter.

 

It is also pertinent to note that this SB account is not on exclusive pension account and the third opposite party bank is having an authority to freeze the amount which is credited in this account except the pension amount.

 

On perusal of the evidence it is seen that the third opposite party bank permitted the complainant to withdraw the pension amount from this account.

 

Even though the complainant raised some allegation against the opposite parties, he failed to produce any piece of evidence to corroborate his version.

 

On the basis of above discussion, Forum is of a considered view that the act of the opposite parties bank is marking lien upon the SB account of the complainant is as per law and cannot be considered as deficiency in service.

 

Under the above circumstances complaint dismissed. No order to costs.

 

Pronounced in the Open Forum on this the 26^th day of July, 2019.

 

Sd/-

SRI. S. GOPAKUMAR (PRESIDENT)

Sd/-

SMT. ASAMOL P. (MEMBER)

 

(Cont.....5)

-5-

 

APPENDIX

 

Depositions :

On the side of the Complainant :

Nil

On the side of the Opposite Party :

DW1 - Susanth G.

Exhibits :

On the side of the Complainant :

Ext.P1 - The front page of the pass book

Ext.P2 - The pages having transaction entries

On the side of the Opposite Party :

Ext.R1 - The SB account statement of complainant and his wife

Ext.R2 - The copy of audit file enquiry.

 

 

Forwarded by Order,

 

 

SENIOR SUPERINTENDENT