STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL FIRST APPEAL NO. SC/19/A/762/2019 Sri Prosanta Kr. Banerjee PRESENT ADDRESS - S/o Lt. Rabindra Nath Banerjee, Qtr. no. B-6/127, 3rd Floor, UDAP Colony, PGDAV College Road, P.S. Lajpathnagar, New Delhi - 110 065.,WEST BENGAL.

.......Appellant(s)

Versus Regional Manager, The Canara Bank & Another PRESENT ADDRESS - Service upon the Regional Manager, Kolkata, Bells House, 21, Camac Street, Kankaria Estate, 4th Floor, P.S. Park Street, Kolkata -700 016.,WEST BENGAL.

The Sr. Br. Manager, Canara Bank PRESENT ADDRESS - Princep Street Br., 5, Chowringhee Approach Road, P.S. - Bowbazar, Kolkata -700 072.,WEST BENGAL.

.......Respondent(s)

BEFORE:

HON'BLE MR. AJEYA MATILAL , JUDICIAL MEMBER HON'BLE MRS. SAMIKSHA BHATTACHARYA , MEMBER FOR THE APPELLANT:

Sri Prosanta Kr. Banerjee, Mr. K.P.Pal, Mr. Indrajit Mandal (Advocate)

FOR THE RESPONDENT:

Regional Manager, The Canara Bank & Another, Mr. Goutam Chakraborty. (Advocate)

DATED: 13/03/2026

ORDER

Samiksha Bhattacharya, Member The instant appeal has been filed by the Appellant/Complainant Sri Prosanta Kumar Banerjee against the Respondents/OPs Regional Manager, Canada Bank and Another assailing the Order dated 30.07.2019 in Complaint Case No CC/275/2018 passed by the Ld. DCDRC, Kolkata Unit-I.

The facts of the case, in brief, are that the Appellant/Complainant (hereinafter referred to as “Complainant”) has Savings Bank Account with the Respondents/Bank/OPs (hereinafter referred to as “OPs”) being Savings Bank Account being no. 031501025332, Recurring Deposit Account being no. 0315181001536 and House Building Loan Account being no. 0315619000056 with the Appellant No. 2/OP No. 2. The Complainant made an application for credit facility of Rs.16,00,000/- with the OP/Bank for purchasing a flat and the loan was sanctioned in his favour on 04.08.2016 with monthly repayment of Rs.14,342/- on ECS mandate. On 16.08.2016 the Complainant signed loan agreement acknowledging the terms and conditions adhered to the agreement. As per standing instruction of the Complainant the OP No. 2 Bank has been collecting directly the ECS loan repayment from his salary Account being no.90692010010701 being with Syndicate Bank since 2016. There is no issue for re payment of ECS against the above loan Account on the part of the Complainant. The Complainant also opened the above mentioned R/D Account with the OP No. 2 in April 2018 with a standing instruction for transfer/deduction of the monthly installment of Rs.7,000/- from his Savings Bank Account lying with the OP No. 2. There was always sufficient credit balance in the Savings Bank Account of the Complainant to pay the installment of the R/D Account every month. The R/D account was opened by the Complainant for accumulating a lump sum amount of Rs.85,000/- approximately in a year so that he can pay the yearly premium of Life Insurance Policy on time without any difficulties. On 16.06.2018 the OP No. 2 deducted an amount of Rs.10,060.78 from the Savings Bank Account of the Complainant without any intimation given to him. Due to this unauthorized deduction of Rs.10,060.78 from the Savings Bank Account the credit balance became nil/zero and the monthly installment of the Complainant in the RD Account on January, 2018 remained unpaid. The Complainant has been treated by the OPs as defaulter and the said R/D account was held discontinued. Before deducting the amount of Rs.10,060.78 from the Saving Bank Account the OPs did not intimate him about the shortfall in Savings Bank Account. The OPs were unlawfully charging L.N. penalty from the Complainant in his House Building Loan Account. There was no question for making monthly loan payment from the S/B Account of the Complainant. The Complainant has given the OPs necessary standing instruction to deduct/collect the EMIs from his salary Account being no. 90692010010701 lying with the Syndicate Bank, New Delhi, 100066. The Complainant alleged that he cannot be penalised for any fa