30.10.2015

MR. TARAPADA GANGOPADHYAY, HON’BLE MEMBER

            The instant Appeal u/s 15 of the Consumer Protection Act, 1986 has been filed by the OP No. 1 challenging the judgment and order dated 25.10.2013 passed by the Ld. District Consumer Disputes Redressal Forum, Birbhum in C.F. Case No. CC/63/O/2012, directing the OP No. 1 ‘to adjust the subsidy/margin money of Rs. 2,25,000/- together with the security deposits and share amount of the petitioner with his loan account’ and to pay to the Complainant Rs. 50,000/- as compensation and Rs. 2,000/- as litigation cost.  The OP No. 1 was also directed to adjust the amount of compensation and litigation cost with the outstanding dues, if any, after the aforesaid adjustment.  The above directions were ordered for compliance within one month from the date of the order.

          Facts of the case, in brief, are that the Respondent/Complainant used to avail of overdraft facility upto Rs. 3,00,000/- as per sanction-letter dated 16.3.2002 from the Appellant/OP No. 1-Cooperative Bank for running his bricks manufacturing business.  In Course of continuity of the said overdraft facilities the Respondent/Complainant obtained from the Appellant/OP No. 1-Cooperative Bank sanction of another Term Loan of Rs. 5,25,000/- coupled with subsidy/margin money of Rs. 2,25,000/- and the Respondent’s/Complainant’s own investment of Rs. 90,000/- as per Sanction Order dated 8.4.2003 under KVIB/REGP Scheme of District Industries Centre, Suri, Birbhum, but the second loan was not disbursed to the Respondent/Complainant, as stated by the Appellant/OP No. 1-Cooperative Bank in their submission dated 12.8.2013 before the Ld. District Forum, for default on the part of the Respondent/Complainant in repayment of the outstanding dues related to the earlier overdraft.  In the meantime, the Appellant/OP No. 1-Cooperative Society withdrew the subsidy/margin money of Rs. 2,25,000/- along with the subsidy of others from the District Officer, West Bengal Khadi & Industries Board, related to KVIC/REGP Scheme as noted before, by Cheque/D.D.No. 649591 dt. 28.5.2004, but the same was not disbursed in favour of the Respondent/Complainant, rather, misappropriated by the Appellant/OP No. 1-Cooperative Bank against the earlier overdraft dues as alleged.  Thus, the Respondent/Complainant, having not been provided by the Appellant/OP No. 1-Cooperative Bank with the facility of the loan and related subsidy under the KVIC/REGP Scheme,  moved the Ld. District Forum which passed the impugned judgment and order in the aforesaid manner.  Aggrieved by such order the OP No. 1 has moved this Commission by filing the instant Appeal.

          The Ld. Advocate for the Appellant/OP No. 1-Cooperative Bank in the very beginning submits that the Ld. District Forum erred in law in allowing the Petition of Complaint ignoring the provisions of Clause (d) of Sub section 1 of Section 102 read with Sub section 4 of Section 102 of the West Bengal Cooperative Societies Act, 2006,  the conjo