w w w . L a w y e r S e r v i c e s . i n



Subhasish Goswami v/s The Branch Manager, Indian Overseas Bank, Salt Lake Branch Labony


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Company & Directors' Information:- M K OVERSEAS PRIVATE LIMITED [Active] CIN = U25209DL1987PTC029976

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Company & Directors' Information:- H A OVERSEAS PRIVATE LIMITED [Active] CIN = U55101CH1999PTC032886

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Company & Directors' Information:- N D OVERSEAS PRIVATE LTD [Converted to LLP] CIN = U51900MH1994PTC076787

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Company & Directors' Information:- S C J OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1993PTC052913

Company & Directors' Information:- M C S OVERSEAS PVT LTD. [Strike Off] CIN = U51909WB1994PTC063666

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Company & Directors' Information:- M. SALT PRIVATE LIMITED [Active] CIN = U51909CT2020PTC009865

Company & Directors' Information:- L O P OVERSEAS PRIVATE LIMITED [Active] CIN = U51109UP2001PTC026011

Company & Directors' Information:- R R OVERSEAS LTD [Active] CIN = U51909DL1993PLC054909

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Company & Directors' Information:- S A OVERSEAS PRIVATE LIMITED [Active] CIN = U51909DL2001PTC112769

Company & Directors' Information:- A H R OVERSEAS PRIVATE LIMITED [Active] CIN = U51909DL2000PTC103069

Company & Directors' Information:- H S OVERSEAS PRIVATE LIMITED [Active] CIN = U51909DL2008PTC182147

Company & Directors' Information:- S G OVERSEAS PRIVATE LIMITED [Active] CIN = U18101DL2000PTC105649

Company & Directors' Information:- R AND R OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U18101DL1987PTC030154

Company & Directors' Information:- D & D OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51420OR2009PTC010779

Company & Directors' Information:- A TO Z OVERSEAS PRIVATE LIMITED [Active] CIN = U51909PB2007PTC031342

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Company & Directors' Information:- J P OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059744

Company & Directors' Information:- R Q OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51909MH2012PTC230840

Company & Directors' Information:- J M OVERSEAS PRIVATE LIMITED [Active] CIN = U51909WB2008PTC128957

Company & Directors' Information:- D N OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U24119DL1999PTC102409

Company & Directors' Information:- A-3 OVERSEAS PRIVATE LIMITED [Active] CIN = U36900HR2016PTC063750

Company & Directors' Information:- D M OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74900DL1995PTC072532

Company & Directors' Information:- B R V K OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51909DL1982PTC014130

Company & Directors' Information:- OVERSEAS (INDIA) LTD [Strike Off] CIN = U51909WB1945PLC012624

Company & Directors' Information:- B N OVERSEAS PVT LTD [Strike Off] CIN = U74899DL1991PTC042764

Company & Directors' Information:- S N R OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U00063KA1996PTC019873

Company & Directors' Information:- P B M OVERSEAS PVT LTD [Strike Off] CIN = U51311RJ1996PTC011483

Company & Directors' Information:- M H OVERSEAS LIMITED [Strike Off] CIN = U36911UP2000PLC025118

Company & Directors' Information:- V. R. OVERSEAS PRIVATE LIMITED [Active] CIN = U51109WB2006PTC107676

Company & Directors' Information:- I E S (OVERSEAS) PVT LTD [Active] CIN = U31200WB1974PTC029343

Company & Directors' Information:- V B OVERSEAS PRIVATE LIMITED [Active] CIN = U28995DL1996PTC077049

Company & Directors' Information:- J N OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC060359

Company & Directors' Information:- V C OVERSEAS PRIVATE LIMITED [Active] CIN = U51900DL2007PTC166741

Company & Directors' Information:- T M K OVERSEAS LIMITED [Strike Off] CIN = U51223KL1992PLC006416

Company & Directors' Information:- V E OVERSEAS PVT LTD [Strike Off] CIN = U31909DL1981PTC011849

Company & Directors' Information:- S R D OVERSEAS PRIVATE LIMITED [Active] CIN = U52209DL2008PTC178806

Company & Directors' Information:- C M D OVERSEAS PVT LTD [Active] CIN = U74899DL1995PTC073068

Company & Directors' Information:- M B OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC061016

Company & Directors' Information:- B G OVERSEAS PRIVATE LIMITED [Under Process of Striking Off] CIN = U74899DL1990PTC038859

Company & Directors' Information:- M N OVERSEAS PRIVATE LIMITED [Active] CIN = U51909WB2004PTC099257

Company & Directors' Information:- R L K OVERSEAS PRIVATE LIMITED [Converted to LLP] CIN = U74899DL1991PTC043115

Company & Directors' Information:- J S R OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U52399DL2009PTC190839

Company & Directors' Information:- K D OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U18101DL1982PTC013342

Company & Directors' Information:- S S B OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74120WB1997PTC086041

Company & Directors' Information:- C J OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74899DL1991PTC045545

Company & Directors' Information:- A AND P OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74999DL1992PTC048780

Company & Directors' Information:- V & D OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51909DL2009PTC186537

Company & Directors' Information:- P G OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74999DL1982PTC013479

Company & Directors' Information:- S N OVERSEAS PRIVATE LIMITED [Active] CIN = U74996DL2006PTC150004

Company & Directors' Information:- D. T. OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U36911UP1996PTC020289

Company & Directors' Information:- A R C OVERSEAS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC036343

Company & Directors' Information:- T D OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U52590DL2013PTC257410

Company & Directors' Information:- V K OVERSEAS PVT LTD [Strike Off] CIN = U18209CH1990PTC010214

Company & Directors' Information:- J B OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U17220DL1983PTC016197

Company & Directors' Information:- K H OVERSEAS PVT LTD [Strike Off] CIN = U51496CH1989PTC009704

Company & Directors' Information:- A. A. OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51909PB2008PTC032010

Company & Directors' Information:- Z H OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51909MH2005PTC155819

Company & Directors' Information:- E B OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51101DL2007PTC157263

Company & Directors' Information:- A P OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51101DL2014PTC271288

Company & Directors' Information:- S H OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U18101DL2002PTC116516

Company & Directors' Information:- S D S OVERSEAS PRIVATE LIMITED [Active] CIN = U51909DL2013PTC249539

Company & Directors' Information:- L T OVERSEAS PRIVATE LIMITED [Active] CIN = U15122DL2014PTC272665

Company & Directors' Information:- R P OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U74899DL2000PTC108954

Company & Directors' Information:- S V OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U52100DL2013PTC258278

Company & Directors' Information:- T & Y OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51505HR2012PTC047468

Company & Directors' Information:- G R D OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U80301HR2012PTC046968

Company & Directors' Information:- T & T OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51900GJ2015PTC083022

Company & Directors' Information:- S K P OVERSEAS PRIVATE LIMITED [Active] CIN = U51909GJ2013PTC076553

Company & Directors' Information:- Y. K. SALT PRIVATE LIMITED [Active] CIN = U24304GJ2017PTC098217

Company & Directors' Information:- P R OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U27310GJ2014PTC079227

Company & Directors' Information:- G T C OVERSEAS PVT LTD [Strike Off] CIN = U18101PB1993PTC013743

Company & Directors' Information:- D AND P OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U18109DL1989PTC038623

Company & Directors' Information:- B G S OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U51101PB2007PTC031400

Company & Directors' Information:- I P S OVERSEAS PRIVATE LIMITED [Strike Off] CIN = U63030DL1976PTC008356

Company & Directors' Information:- INDIA AND OVERSEAS CORPORATION LIMITED [Dissolved] CIN = U99999MH1947PTC005626

    First Appeal No. A/205/2016

    Decided On, 22 June 2018

    At, West Bengal State Consumer Disputes Redressal Commission Kolkata

    By, THE HONOURABLE MR. SHYAMAL GUPTA
    By, PRESIDING MEMBER & THE HONOURABLE MR. UTPAL KUMAR BHATTACHARYA
    By, MEMBER

    For the Appellant: Mahananda Roy, Advocate. For the Respondent: Aparajita Ghosh, Advocate.



Judgment Text

Shyamal Gupta, Member

Present Appeal is directed against the Order dated 18-02-2016, passed by the Ld. District Forum, North 24 Parganas in CC No. 552/2015, whereof the complaint has been dismissed.

In short, case of the Complainant is that he stood guarantor in respect of a loan sanctioned by the OP to one M/s Sen’s Travels Pvt. Ltd. Subsequently, the OP vide its letter dated 07-01-2006 intimated the Complainant that the concerned loan account became NPA w.e.f. 31-12-2005. Thereafter, in the month of February, 2015, the OP sought his comments towards recovery and closure of the concerned loan account. Subsequently, the Complainant submitted a written proposal to the OP. However, the latter did not intimate anything regarding payment of the maturity sum of FD/TD after setting off/adjustment with the said NPA loan nor offered the claimed amount of Rs. 1,50,000/-; hence, the case.

The OP by submitting a WV submitted that two demand loans were sanctioned in favour of one Mr. Swapan Sen, Proprietor of Sen Travel. Both the loans were classified as NPA w.e.f. 01-08-2008. It is the further case of the OP that several reminders were given to both the borrower and guarantor, i.e., the Complainant to regularize the account; otherwise, the proceeds of easy encashable pledged securities would be appropriated, but in vain. The Complainant though submitted a compromise proposal; it was not acceptable to the Bank as any compromise proposal for settlement of loan liability should come from the borrower and the guarantor has no locus-standi to submit any compromise proposal.

Decision with reasons

We have heard the Ld. Advocates of the parties and gone through the documents on record.

The instant complaint case, as it appears, was dismissed by the Ld. District Forum on the solitary ground that being the guarantor, the Appellant could not be treated as ‘consumer’. On thoughtful consideration of the entire facts and circumstances of the case, however, we find no rationality in such thinking. We are fully in agreement with the contention of the Ld. Advocate of the Appellant that bank customers are consumers. The die in this regard is cast by the Hon’ble National Commission long ago [Federal Bank v. Shri Bijon Mishra, 1991 CPJ 16 (NC); Ramkripal v. Union Bank, 1991 CPJ 23 (NC)]. Undisputedly, the Appellant is a customer of the Respondent bank, bearing SB Account No. 7425 and he made two FDs with the said bank, those were subsequently pledged in respect of the disputed loan granted to Mr. Swapan Sen. Insofar as the entire dispute revolves around the subject FD Certificates stand in the name of the Appellant, in our considered opinion, the Appellant is definitely a bona fide ‘consumer’ under the 1986 Act. It appears that instant case has been dismissed out of a totally flawed notion which is not tenable in law.

Regarding pendency of cases, it is submitted by the Ld. Advocate of the Appellant that both the Civil and Criminal cases have been dismissed.

Coming to the merit of the case, we find that although two demand loans were sanctioned in favour of Mr. Swapan Sen, Proprietor of Sen Travel, the Appellant stood guarantor in respect of one of the said two loans, i.e., CC Loan Account no. 664.

It is the case of the Respondent that though the Appellant submitted a compromise proposal, the same could not be accepted because any compromise proposal for settlement of loan liability should come from the borrower and the guarantor has no locus standi in this regard. Significantly, the Respondent has not placed on record the relevant governing rule to buttress such contention.

It also appears that although the concerned loan account was classified as NPA long ago, the Respondent did not act with due alacrity to recover its due from the concerned defaulter. There was seemingly no legal impediment to do so. In view of this, such lackadaisical attitude shown by the Appellant to act tough against the defaulter does raise eyebrows. The Respondent did send some reminders to both the borrower as well as the guarantor to regularize the account. However, mere sending of periodical reminders to a defaulter does not abdicate the bank of all its responsibility. No documentary proof is forthcoming before us to show that the Respondent took all necessary steps as laid down by the RBI in the matter. In the process, as we find, the FD Certificates of the Appellants were hold to ransom.

We could pass necessary order in the matter from this end itself. However, owing to non-availability of sufficient documents/information/clarity, we are constrained to remand the case to the Ld. District Forum to re-hear the matter and decide its fate after obtaining following documents/information from the Respondent:

(1) The actual date when the concerned CC Account was classified as NPA; (2) Detail Statement of Account in respect of the CC Loan Account no. 664 as on the date when it was classified as NPA; (3) Statement of account in respect of CC Loan Account no. 664 as on 23-02-2015 when the Respondent submitted compromise proposal; (4) Copy of the letter by which the Respondent rejected the compromise proposal of the Appellant dated 23-02-2015; (5) Relevant RBI/Banking Rules under which Guarantor is not permitted to submit compromise proposal; (6) Value of the concerned FD Certificates as on 23-02-2015 stood in the name of the Appellant (the Respondent must clarify whether it is renewing the FDs on a regular basis till date, or not); (7) RBI guideline regarding recovery of NPA loan applicable as on the date when the concerned account was classified as NPA by the Respondent vis--vis

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steps initiated against the principal borrower Mr. Swapan Sen of M/s Sen Travels by the Respondent Bank together with relevant documents. On receipt of aforesaid documents/information, the Ld. District Forum shall pass a reasoned order in the matter as expeditiously as posible. The Appeal, thus, succeeds in part. Hence, ORDERED The Appeal stands allowed on contest in part. The impugned order is hereby set aside. Parties to appear before the Ld. District Forum on 24-07-2018 when Respondent shall invariably furnish the documents/information mentioned hereinabove under affidavit.
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