First Appeal No. A/1345/2014 (Arisen out of Order Dated 31/07/2014 in Case No. CC/08/2013 of District Murshidabad). Case: The Branch Manager, State Bank of India Vs Pradip Kumar Das and Ors.. West Bengal State Consumer Disputes Redressal Commission

Case NumberFirst Appeal No. A/1345/2014 (Arisen out of Order Dated 31/07/2014 in Case No. CC/08/2013 of District Murshidabad)
CounselFor Appellant: Jayanta Kumar Lahiri and Deblina Lahiri, Advocates and For Respondents: Barun Prasad, Advocate
JudgesSamaresh Prasad Chowdhury, (Presiding Member)
IssueConsumer Protection Act, 1986 - Sections 12, 15
Judgement DateApril 05, 2017
CourtWest Bengal State Consumer Disputes Redressal Commission


Samaresh Prasad Chowdhury, (Presiding Member), (Kolkata)

  1. The instant appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act') is at the behest of the Opposite Party to impeach the Final Order dated 31.07.2014 passed by the District Consumer Disputes Redressal Forum, Murshidabad at Berhampore (for short, Ld. District Forum) in Consumer Complaint No. 08/2013. By its order, Ld. District Forum allowed the consumer complaint initiated by the respondent Sri Pradip Kumar Das under Section 12 of the Act with the direction upon the respondents/complainants to produce the original documents lying with him to the appellant bank within 15 days from the date of order and the appellant to ascertain the actual amount due from the respondent and decided the matter after preparing the account in presence of the respondent and complied the order within 30 days positively, to pay compensation of Rs. 10,000/- and litigation costs of Rs. 5,000/-.

  2. The respondent herein being Complainant lodged the complaint asserting that he has taken a loan under BSKP Scheme from the OP Bank and project cost of it was fixed at Rs. 1,60,000/-. It was agreed that the bank will sanction a loan of Rs. 1,12,000/- and Government would pay Rs. 32,000/- as subsidy amount. The complainant alleged that the bank has not deposited the subsidy amount of Rs. 32,000/- in the account of him and on the contrary deduct interests from the said amount and it has been stated by him that he never deposited of Rs. 16,000/- as margin money. Therefore, the respondent approached the Ld. District Forum with prayer for certain reliefs.

  3. The appellant being OP No. 1 by filing a written version has stated that the complainant availed BSKP Loan during the year 2008 and the project cost of the loan was Rs. 1,60,000/- and the amount of loan sanctioned as Rs. 1,12,000/- with a stipulation that the complainant will make payment of Rs. 16,000/- as margin money and the balance amount of Rs. 32,000/- will be provided by the Government in the account of the complainant. The OP has stated that as there is no obligation to pay the outstanding dues, the complaint should be dismissed.

  4. After assessing the materials on record, the Ld. District Forum by the impugned final order allowed the complaint with certain directions upon both the parties as mentioned above. Being aggrieved by and dissatisfied with the said order, the OP Bank has come up in this Commission...

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