J U D G E M E N T

This complaint is filed by the complainant u/S. 12 of the C. P. Act, 1986 alleging deficiency in service and unfair trade practice against the Ops as the Ops did not disburse the loan amount in proper time for which complainant’s employment opportunity and livelihood ruined.

The case of the complainant is that being an unemployed youth, for self-employment made a business loan application to the OP-1 under the scheme “Banga Swanirbhar Karma Sansthan Prakalpa” (BSKP) sponsored by Govt. of West Bengal along with a business scheme of ‘Retail Grocery and Stationary Goods’ for total investment amount of Rs. 2,40,000=00. Upon considering the said loan application the OP-1 arbitrarily and whimsically reduced the estimated scheme amount and granted only Rs. 1, 50,000=00 on 09.06.2014. Out of Rs. 1,50,000=00, the Bank loan was Rs. 97,000=00 @ 65%, Govt. subsidy was Rs. 45,000=00 @30% and own contribution was Rs. 7,500=00 @5% as per loan schedule of the scheme.

Thereafter only Rs. 90,000=00 was credited in three phases, i.e., on 12.06.2014, 25.07.2014 & 12.09.2014 instead of sanctioned Rs. 97,000=00 to the complainant’s S.B. A/c. 30794022244. The complainant further alleged that the OP-1 arbitrarily and illegally retained the Govt. subsidy of Rs. 45,000=00 despite repeated request of the complainant and he could not avail the subsidy due to non-cooperation and antagonistic attitude of the OP-1 for which his business is in acute fund crisis leading to complete ruin of it. The complainant also alleged that the OP-1 did not give him loan sanction letter, statement of account and disbursement details despite repeated request.

The complainant stated that somehow he deposited some installments for repayment of the said loan @Rs. 2400=00 on 02.07.2014, 06.08.2014, 12.09.2014, 30.03.2015 & 30.04.2015 totalling Rs. 12,400=00. The OP-1 did not render proper and adequate service by taking stock of existing plight of his said business and never held any inspection, enquiry of his business.

Thereafter OP-1 served a legal notice dated 05.09.2016 to the complainant put him under threat of taking legal action if he does not repay the outstanding sum of Rs. 1,11,357=00 as on 03.09.2016 plus up to date accrued interest within seven days from the date of receipt of the impugned notice.  In reply of the legal notice the complainant sent a Lawyer’s notice dated 04.01.2016 to the Ops contending their claim as incorrect and illegal and further claims that due to the illegalities and deficiency in banking services his business has been spoiled resulting in deprivation of his self-employment as well as livelihood. He is not in a position to liquidate the said loan and he should be exempted from that liabilities. On the contrary, he further claimed to be compensated with a reasonable certain amount of money by the Ops for his financial rehabilitation.

Finding no other alternative the complainant filed this complaint against the Ops with a prayer for exemption from all the outstanding dues to the Bank/Ops, for refund of govt. Subsidy amount of Rs. 45,000=00, to pay damages to the complainant of Rs. 12,00,000=00 for deficiency in service and litigation cost.

The OP Nos. 1, 2 & 3 contested the case by filing conjoint written version denying all the material allegations made by the complainant in the petition of complaint.

The case of the Ops is that the complainant taken a BSKP loan amounting to Rs. 97,500=00 on 04.06.2014 according to the recommendation of the Govt. and approval of the Bank authority. The Ops made part payment of Rs. 52,255=00 on 12.06.2014, Rs. 20,000=00 on 25.07.2014 and Rs. 20,000=00 on 12.09.2014, totalling Rs. 97,500=00. The Ops further submits that thereafter OP stopped to disburse the rest part of the sanction amount because from 30.09.2014 the complainant has not repaid the interest of the loan properly and his loan account turns to bad account. After scrutinizing the statement of loan account and financial statement the Bank has come to the knowledge that the complainant was not carrying his business properly and for that reason the Ops stopped making payment of the residual sanction amount of the loan according to aforesaid agreement.

The Ops further submit that the complainant has not made any request letter to give any intimation to the bank to disburse the residual part of the sanctioned amount and the Govt. subsidy because the complainant knows very well that he has not complied the BSKP loan requirement properly. the complainant has not deposited his own contribution amount of Rs. 7,500=00, @5% of the total scheme amount and never submitted up to date financial statement before the Ops time to time and for that reason the Ops stopped make residual payment of the said loan.

As the complainant has not repaid the installments properly from 30.09.2014 the said loan account stands as bad account and thereafter N.P.A. and for that reason the Ops stopped to disburse the residual sanction amount and the Govt. Subsidy. The Ops also stated that there is no negligence on the part of the Ops and there is no deficiency in service and the complainant was never deprived of obtaining proper claim, the complainant never incurred huge loss harassment or suffered mental agony and the OP – Bank is not liable to compensate the complainant for their said act and misdeed. Prayer is made by the Ops to dismiss the complaint with exemplary cost.

Decision with reasons:-

            Admittedly, Banga Swanirbhar Karmasansthan Prakalpa (BSKP) sponsored by Government for self-employment, the loan application of the complainant was sanctioned to the tune of Rs. 1, 50,000=00. Complainant gave a scheme of Rs. 2, 40,000=00 for retail grocery and stationery goods business. But he was sanctioned Rs. 1, 50,000=00 by the OP Bank and complainant raised repeated objections. However, out of Rs. 1,50,000=00 sanctioned, Rs. 97,000=00 was disbursed by the Bank i.e. @65%,  Govt. subsidy was Rs. 45,000=00 i.e. @30% and own contribution was Rs. 7,500=00 i.e. @5% as per loan schedule of the scheme and SRB. Complainant also agrees that Rs. 97,000=00 was credited in three phases on 12.06.2014, 25.07.2014 & 12.09.2014 by the OP Bank in his S.B. A/c. No. 30794022244 and to that effect document is filed by the parties. OP by submitting documents shows that on 12.06.2014 Rs. 52,255=00, on 25.07.2014 Rs. 20,000=00 and Rs. 20,000=00 on 12.09.2014, totaling Rs. 92,255=00 was disbursed towards the loan in the account of the complainant. Complainant was directed to repay the interest @Rs. 2400=00 per month. Complainant started to repay the same on 02.07.2014, 06.08.2014 & 12.09.2014 he paid @Rs. 2400=00. Thereafter on 30.03.2015 & 30.04.2015 he paid @Rs. 2400=00 and total amount up to 30.04.2015 was Rs. 12,400=00 repaid by the complainant to the Bank. Complainant submits that he could not continue to repay loan amount because his business was not in progress and he alleges that non-rendering of proper service by the Bank he failed to stand in his business. However, when he stopped repayment of loan only paying Rs. 12,400=00 to the Bank has nothing to do but stopped disbursement. The complainant also has to pay Rs. 7,500=00 to the loan account as his own consideration but there is no specific documents to show that he paid Rs. 7,500=00 to the loan account. The loan amount was stopped disbursement on allegation of misuse of fund and non-repayment of installments from 30.09.2014.

            During hearing of this case against the petition for the complainant, OP put specific questions to the complainant and complainant replied “not required” and made vague answer. Complainant however alleges that the notice of NPA was not properly served upon him though he continued to repay till 30.04.2015. On the other hand, OP filed letter document asking to repay loan amount along with accrued interest totaling Rs. 1, 11,000=00 with interest for payment by the complainant. A copy of the letter dated 05.09.2016 is also filed. The letter is very much specific that Rs. 97,500=00 was disbursed up to 09.06.2014 for BSKP loan by the Bank. Outstanding liability of the complainant as per the said letter is Rs. 1, 11,357=00 as on 03.09.2016. The payment notice was served asking for repayment of the same with up to date accrued interest. In reply to the payment notice, complainant sent a legal notice stating the fact that as against the sanction of Rs. 1,50,000=00, a total of Rs. 90,000=00 in S.B. Account he received and not Rs. 97,000=00 as stated by the OP. The complainant alleges that illegally and arbitrarily OP retained the subsidy amount of Rs. 45,000=00 and creating fund crisis to his business. However, complainant specifically stated that he repaid total Rs. 12,400=00 from 02.07.2014 to 30.04.2015.

From the evidence and documents filed by the parties in this case, we find that a total amount of Rs. 92,255=00 was received by the complainant towards the BSKP loan account. But there is no document to show that Rs. 7,500=00 was complainant’s own contribution in that account. There is no document to show that Rs. 45,000=00 as Government subsidy under the scheme was adjusted with the loan account.

OP further alleges that after receiving the loan amount complainant has to show his books of account how he used the funds and ultimately no books of account was deposited or showed to the Bank by the complainant. As the complainant has failed to make out his payment manual monthly in terms of the agreement of loan, therefore complainant is very much irregular in payment. The notice of NPA for non-payment by the complainant is also served upon the complainant and loan account was rightly stands NPA.

Complainant submits that he was in financial stringency. He was in complete extinction of the said business and he submitted that OP – Bank is responsible for non-providing the loan amount as per the terms of the agreement. But at the same time we find that out of total Rs. 1,50,000=00 sanctioned loan, OP already paid more than Rs. 92,000=00 and complainant is entitled to receive Rs. 45,000=00 as Government subsidy. So complainant was almost disbursed with the lion’s share of the said amount of Rs. 1, 50,000=00. But he repaid only Rs. 12,400=00 on five occasion @Rs. 2400=00. Therefore, outstanding sum of Rs. 1, 11,357=00 was raised by the OP - Bank from the complainant and demand notice was served accordingly.

We do not find any deficiency in sanctioning the loan in disbursing loan amount to be given by the Bank. On the other hand, complainant was very much irregular in repaying the loan amount as agreed upon @Rs. 2400=00 per month. Complainant has deposited his own contribution amount of the BSKP loan in his loan account but the Bank has already disbursed more than Rs. 92,000=00 to the complainant’s loan account. No documents as evidence the complainant showed regarding business transaction to the Bank to clear the further loan amount. Complainant is very much irregular in repaying the loan amount. Therefore, we do not find any deficiency or irregularities on the part of the Bank in disbursing loan amount to the complainant from 12.06.2014 to 12.09.2014 i.e., within three months Rs. 97,000=00 was credited to the loan account.

After hearing argument from both parties and perusal of the evidence of the parties, as well as, documents filed by the parties it is clear to this Forum that the complainant is very much irregular in repaying the loan amount. The complainant already received more than Rs. 92,000=00 in his loan account. Though he is entitled to adjust Rs. 45,000=00 from the loan account as Government subsidy yet, he was asked to pay Rs. 1, 11,357=00 by the Bank in their demand notice dated 05.09.2016. Under such circumstances complainant cannot pray for exemption from all outstanding dues to the Bank as prayed for in this case. Even adjusting the Government subsidy, the complainant is defaulter in repaying the loan. So other reliefs as prayed for by the complainant cannot be considered in such circumstances. Therefore, the case of the complainant fails.

Hence, it is

O r d e r e d

that the present Consumer Complaint being No. 03/2017 be and the same is dismissed on contest without any cost.

            Let plain copies of this order be supplied to the parties free of cost as per provisions of law.

Dictated & Corrected by me:                                                         (Jayanti Maitra (Ray)

                                                                                                                       President

         (Jayanti Maitra (Ray)                                                         D.C.D.R.F., Purba Bardhaman

                   President

      D.C.D.R.F., Purba Bardhaman

                                                                     (Nivedita Ghosh)

                                                                             Member

                                                          D.C.D.R.F., Purba Bardhaman