LAWS(NCD)-2017-11-22

PARDEEP SINGH Vs. STATE BANK OF INDIA

Decided On November 27, 2017
PARDEEP SINGH Appellant
V/S
STATE BANK OF INDIA Respondents

JUDGEMENT

(1.) The present revision petition has been filed against the judgment dated 09.06.2015 of the Punjab State Consumer Disputes Redressal Commission, Chandigarh ('the State Commission') in First Appeal no. 676 of 2014.

(2.) The facts of the case per the petitioner/ complainant are that the petitioner Pardeep Singh has been running a furniture house under the name and style of M/s Pardeep Furniture House Ludhiana Road Morinda to earn his livelihood. In the year 2008, the petitioner availed two loan facilities from respondent, i.e., building term loan of Rs.10 lac and cash credit limit sanctioned amount of Rs.7,32,000/- and released of Rs.6,85,000/-. The details of the payment are as under:- Building Term Loan Account : Account No.30314785069 Date Amount 22.01.2008 1,07,500-00 22.02.2008 1,00,000-00 23.02.2008 0,62,500-00 11.04.2008 4,00,000-00 Total 6,70,000-00 Cash Credit Limit : Account No.30314874062 Date Amount 18.12.2008 0,50,000-00 1,00,000-00 transferred to building loan 23.12.2008 0,10,000-00 26.12.2008 0,25,000-00 01.01.2009 0,40,000-00 07.01.2009 0,13,000-00 24.01.2009 1,00,000-00 27.01.2009 1,50,000-00 28.01.2009 1,97,000-00

(3.) The petitioner has also paid a sum of Rs.3,15,193/- on different dates and Rs.2,00,000/- for getting the interim relief. The respondent filed a petition before the District Magistrate for getting possession of the property of the petitioner and took possession thereof from the petitioner on 01.08.2012. The petitioner approached the Debt Recovery Tribunal at Chandigarh and got interim relief by paying a sum of Rs.2,00,000/-. The petitioner remained unsuccessful before the Debt Recovery Tribunal at Chandigarh and ultimately under the forced circumstances, the petitioner had to deposit Rs.23,67,000/- as claimed by the respondent. The respondent had received a sum of Rs.32,09,074/- in both accounts against a sum of Rs.14,02,000/- advanced by the respondent to the petitioner. The respondent had thus received an amount of Rs.19 lac in excess from the petitioner. The petitioner has, therefore, filed the complaint for direction to the respondent to render an updated account and to refund the excess amount charged by them from the petitioner along with sum of Rs. 70,000/- as compensation and Rs.20,000/- as costs of litigation.