Date of filing: 26.02.2016 Date of disposal: 26.04.2019
Complainant: Progati Co-Operative Housing Society Ltd., Secretary as well as its Chairman, Office at Bholananda Pally, P.O. Sripally, Police Station & District - Burdwan, PIN – 713 103.
- V E R S U S –
Opposite Party: 1. West Bengal State Co-Operative Housing Federation Ltd, the Branch Manager, Branch Office at Old Court Compound, Near Red Cross Office & Near Excise Office, P.O., P.S. & Dist. Burdwan, PIN – 713 101.
2. West Bengal State Co-Operative Housing Federation Ltd, the Regional Manager, Regional Office at P-15, India Exchange Place Extension, Todi Mansion (3rd Floor), PIN – 700 073.
Present:
Hon’ble President: Smt. Jayanti Maitra (Ray).
Hon’ble Member: Smt. Nivedita Ghosh.
Hon’ble Member: Dr. Tapan Kumar Tripathy.
Appeared for the Complainant: Ld. Advocate, Subrata Ghosh, Debdas Rudra & Moumita Bhattacharjee (Haldar).
Appeared for the Opposite Party Nos. 1 & 2: Ld. Advocate, Dipankar Roy.
J U D G E M E N T
This is a case under Section 12 of the C.P. Act, 1986 alleging false trade and deficiency in service & directing an amount of Rs. 2, 00,000=00 towards mental pain, agony & harassment, Rs. 25,000=00 towards litigation cost & to Produce No Dues Certificate from the O.Ps.
The complainant’s case in short is that the complainant took the House Building Loan from the OPs amounting to Rs. 1, 63,000=00 which was disbursed from their Branch Office at Durgapur only for the period of 20 years & the said loan was repayable by 80 installments. After completion of 46 numbers of installments, the Branch Office, Durgapur told the complainant to pay the remaining No.47-80 installments to the Burdwan Branch office as it was newly opened. After the completion of 80 installments, very surprisingly, on 01.04.2013 the complainant received a notice that due to default of payment of loan, the outstanding dues stood to Rs. 45,197.37 including interest and he was asked to pay it as early as possible. After that the complainant sent a reply to the O.P. No.1 on 27.09.2013 stating that he had already paid the 75 numbers of installments amounting Rs. 8,104=00 and repayment of loan amount has already been completed and the complainant had also submitted the receipt copy of the originals pay in slip. After that, all of a sudden, the O.P. No.1 sent a demand notice dated 23.12.2013 stating that the complainant would have to pay Rs. 52,588.83 towards the amount of overdue installment subject to reconciliation. Again, on 27.09.2013, they sent a similar demand notice to pay Rs. 56,261.26. After receiving the notices, the complainant pointed to the Office of the O.P. No.1 and told them that they had already paid the entire loan amount within regular installment but again on 03.03.2014, all of a sudden, the O.Ps sent a letter requesting the complainant to pay Rs. 54,526.13 towards the entire overdue amount with penal interest. After that, the complainant sent a legal notice to the O.Ps dated 28.03.2014 stating that out of 75 installments, 46 installments had been deposited in the Durgapur Branch Office of the O.Ps and the rest of 29 installments had been deposited in the office at Burdwan. Another legal notice by the complainant was sent to the O.Ps on 28.03.2014 requesting to adjust the said amount to the loan account of him, failing which the complainant would be compelled to take legal action against the O.Ps. In reply of the O.P. No.1 sent a letter on 02.04.2014 stating that it appeared from their books of account that the society of the complainant was defaulted on account of Annual Group Insurance from the co-operative year 2008-2009 and requested the complainant to pay Rs. 4365.28 towards the dues amount including belated charges to close the chapter of the loan account. After receiving this letter, on 09.04.2014 the complainant again sent a legal notice stating that the O.Ps had neither expressed anything in their letter dated 02.04.2014 about the adjustment of the amount lying in the suspense account nor categorically explained the amount of Rs. 4365.28 to be paid by the complainant towards the Annual Group Insurance. He requested the O.Ps, too, to inform whether there were any outstanding dues of the 4th case house building loan. The O.Ps, in reply, sent a letter on 16.04.2014 stating that the over dues on account of Annual Group Insurance Premium from the co-operative year from 2008-2009 stands Rs. 3,752.21 only Rs. 613.07 only towards penal interest on A.G.I.P. @16.5% break up wise. In reply of this the complainant sent a letter on 04.06.2014 stating that from the very beginning he had paid all the dues @14.7% interest but actually the rate of interest of the loan was 13.5% as such the complainant had already paid extra 1.2% interest and accordingly the total extra amount paid by the complainant stands Rs. 9,064.86 and so he requested the O.P to arrange for deduction of Rs. 3752.21 & Rs. 613.07 as well as de-mortgage charge of Rs. 800=00 from the said extra amount and also requested the O.Ps to close the loan account of the aforesaid 4th case as early as possible. On 20.02.2015, the O.Ps sent a letter stating that the total outstanding dues remained in the loan account stands Rs. 86,242.04 & requested the complainant to deposit the said amount to the O.Ps immediately so that the property could be de-mortgaged from their end. Being aggrieved and dissatisfied with the conduct of the O.Ps, the complainant against sent a legal notice on 26.02.2015 stating that all the payments had been duly paid on time without fail & he had also produced an evidence given by the O.P. No.1 under memo No.16(1)/S-19 duly signed by Branch-in-Charge Mr. Debasis Mukherjee which stated that “all the payments made by the complainant which were lying with suspense account already adjusted to the loan account of the complainant and question of dues on the loan account of the complainant does not arise at all.” The complainant also requested the O.Ps to furnish the statements of accounts of Progati Co-operative Housing Society Ltd. (4th loan case). The O.Ps, after that, sent a letter on 09.03.2015 stating that the O.Ps were forwarding the statements of account of the said society as per loan ledger of the Burdwan Branch Office which was provided from their Durgapur Branch Office. But they did not mention a single word about the loan account of the complainant.
In the written version submitted by the O.Ps, they have stated that the complainant took loan @14.7% interest and agreed that the O.P would arrange a compulsory insurance cover on group basis in respect of the outstanding debtedness from time to time. He also knew that the insurance would be renewed on the first day of each and every calendar year & in case of default in payment of any of the premium of Group Insurance on the balance amount of loan stood in the account of the complainant on or before the 30th June of every year and the complainant would be liable to pay the O.P all such arrear premium together with interest and the dues would for all purpose be treated as charge upon mortgage property in addition to the principal sum of loan & interest. The O.Ps has also stated that in spite of their several knockings, the complainant did not initiate to pay the dues & at present the total outstanding due is Rs. 45,197.37.
-: Decision with reasons:-
In the case, although the O.P has filed the Written Version, but they did not take any step further. The forum has gone through all the papers submitted by both sides but as the O.P failed to appear, he is declared ex parte.
The complainant has filed several documents to prove his complaint. Out of such documents, especially the letter on Annexure-J, filed by the complainant as evidence, the Branch-in-Charge of West Bengal State Co-operative Housing Federation Limited, Burdwan Branch through his letter dated 16.04.2014 informed the complainant that “all the payments made by the complainant which were lying to suspense account already adjusted to the loan account and question of dues on loan account does not arise at all.” The Branch-in-Charge also informed the complainant “that the over dues on account of Annual Group Insurance premium from the Co-operative year 2008-09 stands Rs. 3752=21 only towards A.G.I.P. Premium and also Rs. 613=07 towards penal interest on A.G.I.P. @16.5 break-up-wise. “ The Branch-in-Charge requested the complainant to remit the said amount as early as possible to close the chapter.”
Hence, it is
O r d e r e d
that the Consumer Complaint being No. 27/2016 be and the same is allowed on contest with a direction to the complainant to deposit the amount of Rs. 3752=21 only towards A.G.I.P. Premium and also Rs. 613=07 towards penal interest on A.G.I.P. before the OP-1 within 30 days from the date of passing of this order and the Ops are directed to issue “No Dues Certificate” against the house building loan to the complainant within 30 days from the date of deposit of the aforementioned amount. The whole procedure should be completed within 60 (sixty) days from the date of passing of this order, failing which; the complainant is at liberty to put the order in execution as per provisions of law.
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
(Tapan Kumar Tripathy) D.C.D.R.F., Purba Bardhaman
Member
D.C.D.R.F., Purba Bardhaman
(Tapan Kumar Tripathy) (Nivedita Ghosh)
Member Member
D.C.D.R.F., Purba Bardhaman D.C.D.R.F., Purba Bardhaman
