Punjab

Rupnagar

CC/15/55

Baldev Singh - Complainant(s)

Versus

The Ropar Central Cooperative Bank Ltd. - Opp.Party(s)

Sh.S.S.Johal, ADv

18 Sep 2015

ORDER

ORDER

                                      MRS. NEENA SANDHU, PRESIDENT

                   Sh. Baldev Singh has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as the O.Ps.) praying for issuance of the following directions to them:-

i)       To wave off the interest imposed upon him, amounting to Rs.13,196.25 and to refund the interest amount of Rs.10,000/-, which was paid by him, 

ii)      To pay Rs.50,000/- as compensation for  mental agony & unnecessary harassment caused to him,

iii)     To pay Rs.10,000/- as litigation expenses,

iv)     To grant any other relief, which this Forum may deem fit.

 

 

2.                In brief, the case of the complainant is that on 21.03.2013, he got sanctioned agricultural loan/limit of Rs.3 lacs from the O.Ps. On 22.03.2013, on the pretend of starting his limit account, the O.P. No.1 had obtained a blank cheque signed from him, for transferring a sum of Rs.1,000/- from the loan account No.342 in his saving account No.4024,  but the O.P. No.1, arbitrarily, without his request, had filled up the amount of Rs.3 Lacs instead of Rs.1000/- in the said cheque and transferred Rs.3 Lacs, i.e. whole of the amount sanctioned in his loan/limit account, in his saving account from the said loan/limit account. The said fact came to his knowledge on 31.12.2013, when the O.P. No.1 issued him the passbooks of his saving as well as loan accounts. After completing the formalities of loan/limit account on 21.3.2013, he kept on requesting the O.Ps. to issue him the passbooks of his saving as well as loan accounts, but the same were not issued to him. Ultimately, the passbooks of the saving and loan accounts were issued to him only on 31.12.2013, after his repeated visits to the office of the O.Ps. The O.Ps. had not issued the passbooks on 21.3.2013 and 22.3.2013, with malafide intention to commit fraud with him. He never used the amount of Rs.3 Lacs, which was illegally transferred in his saving account from his loan account, as such, the said amount remained deposited with the O.Ps., who must have used the said amount, illegally, for some other personal necessities. The O.Ps. had deducted Rs.5321/- as interest from his saving account and Rs.5000/- was got deposited from him, in cash, under the threat that his land would be attached and auctioned.  On 31.12.2013, when the passbooks were issued to him and the fact regarding transferring the amount of Rs.3 lacs from his loan/limit account to saving account had come to his knowledge, he requested the O.Ps to transfer Rs.2,99,000/- in his loan/limit account from his saving account, and the O.Ps. transferred the said amount accordingly. With effect from 31.12.2013, only a sum of Rs.1000/- is lying deposited in his saving account, which was transferred out of the amount sanctioned in his loan/limit account, but the O.Ps. had shown the interest amount payable by him to the bank as 13,196.25/- till 30.09.2014, which might have increased thereafter. Moreover, Rs.10,000/- has already been deposited by him as interest with the O.Ps. The O.Ps. have illegally and arbitrarily imposed interest upon him on the amount of Rs.3 Lacs, which was never obtained by him, as such, he is not liable to pay the same. The above said acts of the O.Ps. amount to deficiency in service and adoption of unfair trade practice due to which he has suffered a great mental agony, financial loss & physical harassment, for which they are liable to compensate him. Hence, this complaint.

 

 3.               On being put to notice, the O.Ps. filed written version in the shape of affidavit of Sh. Gurmail Singh, Senior Manager, taking preliminary objections; that the complaint is not maintainable; that the complainant has not come to the Forum with clean hands, as he has suppressed the material facts of the case. On merits, it is admitted that the complainant has taken a Cash Credit Farmer Limit upto Rs.3 Lacs from the O.Ps.  and that he is also having a saving account with the O.Ps. It is stated that after taking Cash Credit Farmer Limit, the complainant had submitted a cheque bearing No.851221 dated 22.03.2013, to withdraw a sum of Rs.3 Lacs and after that he had deposited a sum of Rs.3 Lacs in his saving account No.4024 vide deposit slip dated 22.3.2013. Hence, from the date of taking loan of Rs.3 Lacs by him, the O.Ps. are entitled to get interest from him and have rightly claimed the same. It is denied that on 22.3.2013, the O.P. No. 1 had obtained any blank signed cheque from the complainant for transferring Rs.1000/- in his saving account. It is stated that the complainant has made a concocted story to that effect. He is an educated person and he himself had made request and signed the requisite documents for transferring the sum of Rs.3 Lacs in his saving account No.4024. The O.P. bank is paying interest to him in his saving account. Whatever amount was deposited by the complainant with O.P. bank, credit of the same was given by the bank in his loan account. The passbook issued by the O.P. No. 1 is with him. It is further stated that on the request of the complainant, departmental inquiry was conducted, a copy of which is produced alongwith the written version. Rest of the allegations made in the complaint have been denied and a prayer has been made for dismissal of the complaint against the O.Ps. with costs.

 

4.                On being called upon to do so, the complainant tendered his affidavit, Ex. C1, photocopies of documents Ex. C2 to C8 and closed the evidence. On the other hand, the learned counsel for the O.Ps. tendered a joint affidavit of Sh. Gurmail Singh, Senior Manager and Smt. Jasbir Kaur, Manager, as Ex.OP-1, photocopies of documents Ex.OP2 to Ex.OP-11  and closed the evidence.

 

6.                We have heard the learned counsel for the parties and gone through the record of the file carefully.

 

7.                The learned counsel for the complainant submitted that on 21.3.2013, the complainant had applied for sanctioning of the loan limit of Rs.3,00,000/-, for agricultural purposes, with the O.Ps. which was sanctioned by them. On 22.03.2013, the O.P. No.1 had obtained a blank signed cheque from him, for transferring a sum of Rs.1000/- in his saving account No.4024, from his loan account No.342, but the branch Manager of the O.P. No.1 arbitrarily & without his request, had himself filled up the amount of Rs.3,00,000/- in the said cheque, instead of Rs.1000/- and had transferred a sum of Rs.3,00,000/- i.e. the whole amount of the sanctioned limit in his saving account. He came to know about the said fact on 31.12.2013, when the O.P. No.1 issued him the passbook of the saving account and also that of the loan account.  He further submitted that the complainant after completing the formalities for sanction of said limit on 21.3.2013, had requested the O.Ps. to issue the passbooks of his saving account and also of the loan account, but the O.Ps. had not issued the same with malafide intention by adopting dilly dallying tactics and issued the same only on 31.12.2013 i.e. after a delay of 9 months. He further submitted that the complainant had never used the said amount of Rs.3,00,000/-, which was illegally transferred in his saving account, and the O.Ps. must have illegally used the said amount for some other personal necessities. The O.Ps. had deducted a sum of Rs.5321/- as interest from his saving account. An amount of Rs.5000/- was got deposited from him under the threat of attachment/auction of his land. He further submitted that on his request, on 31.12.2013, the O.Ps. transferred the sum of Rs.2,99,000/- into his loan account from his saving account. In his pass book of saving account, an amount of Rs.13,196.25 has been shown due towards interest uptil 30.09.2014, illegally & arbitrarily, which might have increased uptil now, which he is not liable to pay. The above said acts of the O.Ps. not only tantamount to  deficiency in service but also amounts to adoption of unfair trade practice, therefore, they be directed to waive off the interest amount of Rs.13,196.25 and also to refund the sum of Rs.10,000/- which the complainant had paid as interest. They be also directed to pay compensation & also litigations expenses to the complainant.

 

8.                The learned counsel for the O.Ps. vehemently argued that the complainant had taken Cash-Credit Limit for Consumption and other Socio-Economic Need and not for agricultural purposes, as alleged by him, as is evident from the application (Ex.OP-10) itself. He further submitted that after taking Cash Credit Farmer Limit, the complainant had submitted a cheque bearing No. 851221 dated 22.03.2013 (Ex.OP-3) for withdrawal of a sum of Rs.3,00,000/- and thereafter, he deposited the said amount in his saving account No.4024 vide deposit slip dated 22.03.2013 (Ex.OP-2). From the date of taking of loan, the bank is entitled to get the interest from the complainant and has rightly charged the same. The complainant is an educated person and on his request & after receipt of his duly signed cheque, the amount was transferred in his saving account. Whatever amount was deposited by the complainant, the same was credited into his loan account. Even on the complaint filed by the complainant, departmental enquiry was conducted and enquiry report has already been placed on record, as Ex. OP-4. As per the said report, no fault was found on the part of the Bank Manager. Thus, the allegation leveled by the complainant against the Manager of the O.P. bank that he  had obtained blank signed cheque from him and had arbitrary, without his consent, transferred the sum of Rs.3,00,000/- from the loan account into his saving account is false & frivolous and the complaint, being meritless, is liable to be dismissed with heavy costs.

 

9.                From the documents placed on record by the parties, it is borne out that the complainant had taken a Cash Credit Farmer Limit from the O.P. bank to the extent of Rs.3,00,000/- on 21.03.2013 vide Account No. No.342. From the copy of cheque dated 22.3.2013 (Ex. OP-3) and the pay-in-slip dated 22.3.2013 (Ex. OP-2), it is evident that in both the said documents, the amount mentioned therein is Rs.3,00,000/- and both are duly signed by the complainant. Even it is not the case of the complainant that the said documents do not bear his signatures. Thus, the plea of the complainant that the Manager of the O.P. bank had obtained blank cheque from him and had suo-moto transferred the loan amount into his saving account is not sustainable. Even otherwise, it was the duty of the complainant to deliver the duly filled-in cheque/pay-in-slip in order to avoid any legal complication. On the basis of the said cheque/pay-in-slip, the O.P. bank had transferred the amount of Rs.3,00,000/- into the saving account of the complainant on 22.3.2013. Further on the request of the complainant, on 31.12.2013 the O.P. bank had transferred a sum of Rs.2,99,000/- into his Cash Credit Farmer Limit Account No. 342, as is evident from the  entry made to that effect in the Pass Book(Ex. C4) pertaining to the said account. For the period, the said amount of Rs.3,00,000/- remained withdrawn from the above said loan account of the complainant, the O.P. bank has rightly charged interest on the said amount. So far as the allegation made by the complainant regarding late supply of the passbooks by the O.Ps. is concerned, the same is without any merit because he has failed to prove the said fact by placing on record any document in the shape of  any letter/application written to the O.Ps., requesting them for non-delivery of the same to him. With these facts & circumstances, the complainant has failed to prove any deficiency in service on the part of the O.Ps. Consequently, we dismiss the complaint, leaving the parties to bear costs of their own.

 

                   The certified copies of this order be supplied to the parties forthwith, free of costs, as permissible under the rules and the file be indexed and consigned to Record Room.

 

ANNOUNCED                                           (NEENA SANDHU)

Dated: 18.09.2015                                                PRESIDENT

 

 

                                                (SHAVINDER KAUR)

                                                                     MEMBER.