DILIP K. BASU Vs. STATE OF W.B.

JUDGEMENT

(1.) The appellant/complainant(hereinafter referred as complainant) has filed this appeal against the order dated 5.1.2015 passed by the District Consumer Disputes Redressal Forum, Barnala (hereinafter referred as the District Forum) in consumer complaint No. 66 dated 9.4.2014 vide which the complaint filed by complainant was dismissed.

(2.) Complaint was filed by the complainant under the Consumer Protection Act, 1986 (in short 'the Act') against the respondents/opposite parties(hereinafter referred as Ops) on the averments that the complainant is Agriculturist. The complainant needed financial assistance for day to day expenditure, accordingly, he approached Op Bank and they had granted the facility of cash limit. On 28.6.2010, Op Bank opened account No. CC 1338 whereby a limit of Rs. 2 lacs was sanctioned and on 30.6.2010, the limit was enhanced to Rs. 2.50 lacs. He was in need of more money, therefore, in December, 2011, he approached Op to raise the limit upto Rs. 5-6 lacs but Op No. 2 suggested that a second limit can be sanctioned in the name of the complainant but existing limit cannot be extended. Accordingly, another limit of Rs. 3 lacs was sanctioned in the name of the complainant and account No. CC-1394 was opened and a sum of Rs. 10,155/- was debited towards insurance policy in the name of the complainant and was issued under his signed proposal form No. PSB017079 of Aviva Life Insurance and maturity date was fixed as 20.12.2011 to 20.12.2011 whereas complainant never received the policy payment of Rs. 10,155/-. In both CC limits, they paid back after every six months and interest was calculated @ 7%. He further alleged ambiguities in CC No. 1394 that Ops failed to issue the account statement, rate of interest though mentioned @ 7%, yet Ops charged a sum of Rs. 20,627/-. On 31.3.2013, amount was withdrawn on 4.12.2012 and thereafter, only 118 days had elapsed and after calculating interest @ 7% the amount comes to Rs. 6500/- only approximately whereas Ops charged a sum of Rs. 14,100/-. On 22.7.2013, Ops had shown an entry of Rs. 25,729/- and he was again penalised with interest of Rs. 11,257/- on 30.9.2013. Then Ops charged a sum of Rs. 2770/- on 20.12.2013 as processing fee whereas the CC limit was sanctioned in December, 2011. Ledger folio charges and service tax was applied twice from 31.12.2012 to 31.12.2013; the limits in CC 1394 was Rs. 3 lacs or Op No. 2 on his own took amount of Rs. 2,61,880/- from CC Account No. 1338 and shifted to CC 1394. The complainant contacted Op No. 2 about over charging of interest amount upon which a sum of Rs. 2,000/- was refunded to the complainant. Op No. 2 had further opened Saving Bank A/c No. 0331000007896 in the name of the complainant on 27.12.2013 with opening balance of Rs. 500/-. Then Op No. 2 deposited refund of Rs. 2087/- in that account on the same day. The complainant had not a defunct account with balance of Rs. 642/- without any use. Alleging deficiency in service, complaint was filed before the District Forum that Ops may kindly be directed to refund a sum of Rs. 42600/- to the complainant; with further direction to pay Rs. 25,000/- as compensation and Rs. 25,000/- as litigation expenses.

(3.) Complaint was contested by Ops, who filed their written reply taking legal objections that complaint was false, frivolous and vexatious, therefore, liable to be dismissed under Section 26 of the Act; complainant had not approached the Forum with clean hands; he had concealed the material facts and that complaint was bad for nonjoinder of necessary parties as Zonal office and Insurance Company were necessary parties and were not impleaded as a party in the complaint. On merits, it was admitted that complainant aged 60 years on 26.8.2013 moved an application for agricultural CC limit and mortgage deed was executed by him in favour of the Bank to avail the cash credit limit to the tune of Rs. 2.00 lacs. Lateron, it was increased Rs. 2.5 lacs and CC No. 1338 was opened. After sanction of the CC limit, complainant withdrew the loan on various dates, interest was calculated six monthly basis. The interest was correctly calculated as per the agreed rate. Then the complainant applied for another CC limit and CC limit No. 1394 of Rs. 3 lac was allowed and A/c opened. Insurance policy on payment of Rs. 10,154/- as premium was got issued from Aviva Life insurance Company in favour of the complainant. In fact the system calculated the interest @ 7% p.a. from 1.4.2012 to 31.5.2013 but the bank had charged a sum of Rs. 20,627/- for 1 year and when business officer of the Bank checked the accounts of the bank and ordered Ops to charge normal rate upto Rs. 3 lacs and above Rs. 3 lacs @ 13.5% as per Government guidelines. The interest and processing charges were deducted to the account of the complainant as per their guidelines at agreed rate of interest. There was no deficiency in service on the part of the Ops. Complaint was without merit, it be dismissed.