Jharkhand

Bokaro

CC/18/63

Ravindra Kumar - Complainant(s)

Versus

State Bank of India - Opp.Party(s)

Rajiv Malviya

15 Mar 2019

ORDER

Complainant Rabindra Kumar has filed this complaint for a claim of Rs. 73,947/- with interest of 18% P.A. from the date of deduction with compensation of Rs. 25,000/- and litigation cost of Rs. 10,000/-.

2          The case of the complainant in short is that he had taken House Loan from State Bank of India.

            On 09.10.2017 the complainant filed a petition for cancellation of loan before AGM, RASMECC of State Bank of India, Bokaro. The prayer for cancel was allowed on 15.10.2017.

            It is alleged by the complainant that in spite of cancellation of the loan account, the O.P. has deducted Rs. 8855/- for insurance and Rs. 19,127/- for interest from 01.07.2017 to 12.08.2017. Then again the O.P. has deducted Rs. 24,500/- as premium for SBI Life Insurance and Rs. 21,465/- was deducted on 12.10.2017 as interest. This fact was informed through E-mail on 14.11.2017 and through registered post on 15.11.2017 to the Chairman of the O.P. Bank. There upon complainant was informed by SBI that the amount were not deducted by SBI Branch office, rather the amount has been deducted by RASMECC and RASMECC is being informed by letter dated 16.11.2017.

            O.P. No.2 RASMECC vide letter dt. 14.12.2017 expressed sorry with statement of account but money was not returned and this is deficiency in service on the part of the O.P., hence this case has been filed.

3          Following documents are filed in support of the claim :-

Anx-1 and 1/1 Photo copies of letter of SBI dt. 16.11.2017 and 29.11.2017.

Anx-2 Photo copy of letter of Chairman SBI.

Anx-3 Photo copy of application for cancellation of loan dt. 09.10.2017.

Anx-4 Photo copy of letter dt. 14.12.2017 to O.P. No.2

4          O.Ps. appeared and filed W.S. It is submitted that House Loan was sanctioned on 05.05.2017 of Rs 19,00,000/- by O.P. No.2 SBI RAMSECC.  It is also admitted that on 09.10.2017 complainant had submitted application for closure of House Loan due to personal reason and said account was closed on 15.10.2017. This is submitted that the interest of amount of Rs. 13,555/- on 31.07.2017, Rs. 13,697/- on 31.07.2017, Rs. 13,341/- on 30.09.2017 and Rs. 4865/- on 15.10.2017 along with premium of insurance Rs. 25,738/- were deducted from the account of the complainant as per terms and conditions of House Loan.

            It is also submitted that from the date of sanction 05.05.2017 and closure dated 15.10.2017 the loan account exists, hence the interest amount along with insurance amount were deducted from the account and admitted that insurance amount will be returned in the account of the complainant, therefore, there is no deficiency in service and prayed to dismiss the complaint.

5          The following documents have been filed by O.P :-

Anx-A to A/1 Photo copies of statement of two loan account of Rs. 19,00,000/-

                and Rs. 1,25,000/-.

Anx-B Photo copy of letter dt. 09.10.2017 for cancellation of laon.

Anx-C and C/1 Photo copies deposited slip and Banker Cheque.

Anx-D Photo copy of appereasal cum control report of RAMSECC.

Anx-E Photo copy of arrangement letter dt. 07.06.2017.

Anx-F Photo copy of terms and conditions.

Anx-G Photo  copy of Draft of Tripartite agreement of laon.

Anx-H- Photo copy of deed of mortgage and undertakings.

Anx-I Photo copy of Key fact stent.

6          No oral evidence has been given by the either side.

                                                            F I N D I N G S

7          We perused the record and documents filed by both the sides. The complainant has taken house loan and paid process fee for availing service of the O.P., as such he is a consumer and the dispute is a consumer dispute.

8          On perusal of Anx-A and A/1 of the O.P. It appears that Rs. 19,00,000/- was actually credited in House Loan Account No. 36904395042 on 12.07.2017 in spite of admitted fact the loan was sanctioned on 05.05.2017 but it is also a fact Rs. 21,447/- and Rs. 21,465/- have been credited in Loan Account by deducting from saving account of the complainant. Like the same the O.P. has also deducted Rs. 4865/- on 13.10.2017 as discharge amount for closure of the loan.

9          Anx-A/1 showing loan account No. 36974811153 a loan of Rs. 1,25,000/- for SBI Suraksha (Insurance) and the O.P. has deducted Rs.25,819/- from saving account opf the complainant as well as discharge interest of Rs. 62/-. It is admitted by the O.P. the insurance amount shall be credited in the saving account of the complainant, so there is no dispute in this regard, however the insurance amount has still not being credited. From Anx-4 and Anx-A/1 it is apparent that before 12.10.2017 the sanctioned loan account of Rs. 19,00,000/- was not credited in the loan of the complainant, therefore, before 12.10.2017 any interest or premium for insurance deducted by the O.P. is against law.

            Thus, it is clear that O.P. is only entitled to charge interest from 12.10.2017 to 15.10.2017 when the loan account was closed along with discharge interest.

10        There is No clear deficiency on the part of the O.Ps. RAMSECC O.P. No.2 on the basis of Anx-C and C/1 as well as showing the date of deposited of   Rs. 19,00,000/- on 12.10.2017 as against Banker cheque dt. 01.07.2017. The Banker cheque shows the cheque was issued in the name of the builder (3^rd party) Maa Santoshi Developer and Builder of the amount of Rs. 19,00,000/- but actually this cheque was never been handed over to the 3^rd party for which the complainant is not liable for payment of any interest on the sanctioned amount of Rs. 19,00,000/- as house loan till the amount credited in the housing loan account of the complainant, this is a serious mistake on the part of RAMSECC  of SBI O.P. No.2 and for this O.P. No.2 is liable for deficiency in service.

11        In the result, we allow part claim of the complainant and we direct O.P. No.2 RAMSECC to pay the entire amount of premium of the insurance in the saving account of the complainant immediately and further O.P. No.2 is only entitle for the interest over the sanctioned loan amount of Rs. 19,00,000/- from 12.10.2017 to 15.10.2017 along with discharge interest and rest of the interest amount which has been deducted  from the account of the complainant which is also directed be credited in the saving bank account of the complainant.

            We further direct O.P. No.2 to pay compensation of Rs. 2000/- (Rs. Two thousand) only for mental harassment and litigation cost of Rs. 1000/-(Rs. One thousand) only. This payment must be paid directly in the saving bank account of the complainant within 30 days of this order.