For the reference to Annexures Click on the following links: 1-10, 11-17, 18, 19-25, 26-29, 30, 31-34, 35, 35 Complaint
B. Grounds of the Complaint :- From the facts as aforementioned following are grounds for taking deterrent action against the Bank and it’s unleashed officers solely responsible for killing the ‘Organic Dairy Farming Project’ :-
B. Grounds of the Complaint :- From the facts as aforementioned following are grounds for taking deterrent action against the Bank and it’s unleashed officers solely responsible for killing the ‘Organic Dairy Farming Project’ :-
1. Unusual delay in sanction and disbursement of loan :-
From the foregoing it is apparent that the Complainant’s application
for the expansion and consequently enhancement of the loan filed in Feb.
2008 was un-necessarily delayed
and the duly deserved sanction was with-held for no known reason, until
06.09.2008. To add to the Complainant’s hardships the disbursement was
further delayed by the ‘Bank’ for more than two months, which finally
commenced w.e.f. 11th Nov, 2008. This event was the first among the several misconduct of the Bank which squarely falls under the ambit of ‘unfair trade practice’ and clearly a violation of bonafide banking practice.
2.Unlawful discontinuance of the disbursement :- From
the facts as aforementioned, it is apparent that disbursement of Rs,
42.27 Lacs in aggregate was made in anticipation of the Sanction Note
dated 06.09.2008 during the period from 11th Nov, 2008 to 27th January
2009. Before the Complainant could have pulled out the project from the
trauma of delayed disbursement, they were amazed and shocked to learn
that the Bank has stopped the subsequent disbursement of the remaining
part of the sanctioned loan which was badly needed for undertaking the
various operations of the Project which were the life-line, of the
Project at that point of time. The denial of the disbursement of the
duly sanctioned and partially disbursed loan was unlawful, specially in
circumstance wherein no condition or clause of the sanction note was
alleged to have been violated by the borrower and loan of the Bank was
secured vide mortgaged property by and on behalf of the borrower worth
ten time the amount borrowed. The spirit of the sanction was grossly
violated by the Bank. Though no reason was imparted by the Bank for its
action but we presume that, pretext / plot of the Branch Manager, Raila,
deemed to be based upon his letter of malice dated 29.12.2008. The
contents of the said letter were self explanatory and erroneous on all
counts. Even the contemplation pertaining to his visit to the
complainant dairy on 25.12.2008 was spurious, fake and fictitious. He
has not paid visit to the complainant dairy on the date stipulated in
the said letter i.e. 25.12.2008 which was in fact the Bank’s holiday.
It would not be out of place to mention here that the issues raised by
whimsical Branch Manager were already intimated/clarified by the
Complainant in their letter dated 06.11.2008, that is to say, shortly
before his notice-cum-letter of malice dated 29.12.2008. The entire
contents of the letter were the part and parcel of the plot of a
designed conspiracy by the said unleashed Branch Manager Raila who was
inclined upon and strongly committed to fail the Project. This issue was
very categorically raised in our complaint dated 31.05.2011, but
amazingly and ironically no enquiry whatsoever was conducted by the
Chairman, State Bank of India.
The
contention sought to be raised by the unleashed Branch Manager, Raila,
in the aforementioned letter dated 29.12.2008 were categorically and
specifically replied by the bonafide Complainant vide their letter dated
06.01.2009. But ironically the disbursement of the sanctioned and
partially disbursed loan was discontinued in violation of the bonafide
Banking Practice, even without any further reference to the complainant.
This in-fact was the act of irresponsibility of the highest degree
which not only tantamount to breach of trust but was altogether criminal
and unlawful. This discontinuance of disbursement of the sanctioned and
partially disbursed loan has coercively dragged the Complainant into a
situation of grave financial crises consequently causing irreparable
injury to the project.
The
unleashed Branch Manager, Shri K.L. Chouradia, backed-up by his senior
companions Shri R.K. Nehra, and Shri V.K. Lakhani, played the role of
the germs responsible for causing fatal disease to the Complainant’s
‘Organic Dairy Project’, which was sole of it’s kind and a role model
for the country and for which the loan was sanctioned by the Bank. The
infection inflicted by these germs was strong enough to finally show the
Organic Dairy Project which could have been the role model for the
country, its fatal end. They have missed out no chance of making the
mockery of the ‘bonafide banking practice’, during the entire course of events as mentioned in the foregoing paragraphs and in our complaint dated 31.05.2011.
3. Violation of the directions of L.H.O New Delhi :- As is evident from the foregoing aggrieved complainant when approached L.H.O New Delhi on 17th March 2009 for seeking relief against the unlawful discontinuance of disbursement of sanctioned
and partially disbursed loan amount which was unduly exposing the
project to irreparable losses at its embryonic stage as also exposing
the promoter to a situation of grave financial crises. The General
Manager L.H.O., S.B.I. deputed Shri S.C. Verma, C.M Agriculture L.H.O
New Delhi, to visit the complainant dairy project and report the matter
along-with his observation in respect thereof. Shri S.C. Verma drafted
recommendations after thorough inspection and vetting of the project.
The
S.C. Verma, C.M. Agriculture who as mentioned above was directly
deputed by the L.H.O New Delhi on the plea of harassment by the
Complainant, have very categorically directed in his recommendations as
aforementioned, not to harass the Promoter and to continue with their
disbursement along-with the additional Term Loan of Rs, 16 Lacs, so as
to enable them to meet out with the losses accrued owing to the delay
and unlawful discontinuance of the disbursement. These recommendations
were approved without any amendments by General Manager, S.B.I. L.H.O.
New Delhi and forwarded to Asstt. General Manager, Jaipur. Putting these
very specific directions into a waste paper basket those unleashed
officers of the Bank viz. Shri K.L. Chouradia, Shri R.K. Nehra &
V.K. Lakhani, become enraged and upraised the degree of harassment.
Thereafter, Complainant was loaded and flooded with the spate of
unwarranted questioners, quarries and notices, diverting their attention
from the main course of the business, to unnecessary tedious paper
work. This planned diversion of the promoter attention, further acted in
collusion with the financial hardship inflicted upon by the Bank, to
render the Project sick. All these quarries, questioners and notices
followed by the letter dated 5th June 2009 pertaining to
unlawful rephasement of loan were the part and parcel of the designed
conspiracy and a plot to fail the promoter to carry on successfully with
the project. The above mentioned officers was inclined upon and
committed to teach the complaint a worst lesson of his life, simply for
reporting their various acts of transgression to the L.H.O. New Delhi.
All
the above quarries, questioners and notices causing undue harassment
and diversion of the Complainant’s brain from the vital issues and
challenges for successfully carry on with the project, are envisaged in
of our Complaint dated 31.05.2011.
None
of the officer from the Bank was interest in resolving the issues
pretended to be in dispute. No endeavors whatsoever were made to conduct
meetings with the borrower to resolve the issues amicably to render the
project a success. On the contrary whenever borrower tried to contact
the Bank, they were repulsive, vindictive, derogatory and arrogant.
Their inclination was always been to create problem rather than to
resolve it. They were in fact acted as the trouble shooter during course
of event. The instant case is one of several classical example of
corruption and lawlessness in State Bank of India.
4.Unwarranted and Unlawful Rephasement of Complainant’s loan account :- ‘Credit Facilities Arrangement Letter’, dated 5th June 2009 was factually a conspiracy designed to deprive complainant from approaching any other financial and banking institution for financial assistance for their pious Project. Thus to present a perverted and misleading picture of the facts, this letter was planted by the conspiring trio viz. Shri
K.L. Chourdia, Shri R.K. Nehra, & V.K. Lakhani, to malign,
calumniate, and disparage the image of the Complainant, so as to deprive
them from approaching and shifting to any other ‘Banking’ institution. It is apposite to note here that, both the then existing term loan of Account No. TL-1st 11631532051 & TL-2nd 30564170193 and one account no. CC-2nd 30564558867 pertaining to the then existing C.C. Limit were suo-moto closed and a new term loan of account no. TL-3rd 30790086642 & C.C. limit in account no.CC-3rd 30790238803 and a new account called overdue amount of Rs. 13.70 Lacs bearing account no.TL-4th 30790105601
were opened, simultaneously carry forwarding the corresponding closing
balance of the corresponding old accounts in the new accounts. In
anticipation of the closure of the then existing loan accounts, ‘charge
of satisfaction’, was field with the ‘Registrar of Companies’,
evidencing thereby that, there was no amount overdue in complainant’s
closed loan accounts. In these circumstances, the rephasement of the
complainant account was undoubtedly a mischief to deprive them from
approaching and shifting to any other financial institution to seek
financial assistance. This made them severally handicapped to save there
project from being killed in the embryonic stage for the shortage of
funds.
It
is further pertinent to note here that, the unlawful “rephasement” was
concealed by the Bank under the title of “Credit Facilities Arrangement
Letter”, with the ulterior motive as aforementioned. There
was no demand or even the intimation from the Bank for so called
overdue amount to the complainant. The repayment of loan amount, if any,
overdue has never been intimated to the Complainant nor did the
Complainant was provided with the appropriate opportunity by the
Bank to fill in the gap between the amount payable and the liability
actually discharged by them. Complainant was not upraised with the
details of his own loan account by the ‘Bank’. No intimation whatsoever
was rendered by the ‘Bank’ in respect thereof. However, shortfall in
repayment or overdue amount, if any, (which we have no knowledge, till
date) would have been on account following reasons viz :-
(i) Delay
in sanction causing premature lapse of substantial part of moratorium
period even prior to the sanction and disbursement of loan. In
other-words we apprehend that overdue amount may be computed without
taking into account the moratorium period which actually starts with the
disbursement of loan., (ii) Unlawful with-holding of the disbursement., (iii) Failure to recompute the EMI, as has been explained in detail in our complaint dated 31.05.2011.
It is amazing to note here that in the said credit facility arrangement letter dated 5th June
2009 stipulating rephasement of loan, their was no stipulation
pertaining to the security on which the fresh loan was sanctioned to the
complainant proving thereby that said letter has been drafted in haste
with the sole motive to harass the complainant so as to block them from
approaching and shifting to any other Bank. In their enthusiasm and
vindictive vim they missed out amazingly to secure the loan of the Bank.
In the facts and circumstances of the instant case there is no denying
the fact that they have one sole in motive mind i.e. to ruin the
promoter and the project. They were least bothered to secure the loan of
the Bank which was their prime duty. Their concealed motive and
inclination was solely to ruin the promoter with no benefit to the Bank.
It
is further amazing to note that, in the letter dated 05.06.20009 there
was no mention as to for which purpose this new loan was sanctioned to
the promoters. Thus, they once again failed to discharge there duty even towards the Bank.
In
view of the foregoing it is evident that conspiring trio viz. Shri K.L.
Chouradia, Shri R.K. Nehra & V.K. Lakhani, have no concern
whatsoever pertaining to the interests of the Bank either. They were
working simply for their own vested interests and for the satisfaction
of their vindictive vim and ego. On the contrary the Complainant who by
default of these officers got the opportunity of un-secure loan for
undefined purpose never ever miss-used the same. Our bonafide are thus
self speaking and apparent on the face of record.
It
is pertinent to note here that amount of Rs, 13.70 Lacs stipulated in
the said credit facility arrangement letter as the amount pending in the
closed accounts referred there under, was also erroneous. An
explanation in respect thereof may be sought for from the Bank.
5. Unwarranted and mischievous litigation and strong defamatory comments: - In
this reference your attention is invited to the Para-39 of the ‘Brief
Statement of Facts’, above. The Branch Manager has filed three appeals
in the Court of The Hon’ble A.D.M. Bhilwara making complainant the first
party, against the noting of the Tehsildar, that does not tantamount to
an appealable order. Instead of complying with Tehsildar’s very prudent
directives, vindictive and whimsical Branch Manager mischievously and
maliciously filed appeals against the same making Complainant a party to
it and that too with the derogative comments on the bonafide of the
complainant. The appeal was withdrawn in the first effective hearing
after the publication of advertisements in the daily news paper, that is
to say, after achieving his objectives to defame and harass the
complainant. It is equally important to note that immediately after the
publication in the news paper he complied with those very directions of
Tehsildar, for the appeals were filed. It is more amazing to note that
complainant was no where required in the fulfillment of this entire
process, but he made dragged into litigation followed by publication as
aforementioned. Thus facts and events apparent on the face of record
corroborate beyond doubt that those appeals were factually a design and a
plot to harass and defame the bonafide complainant with no benefit to
the Bank.
6. Thorough and exhaustively technical vetting report of Smt. Sabiha Akhatar: - was
mechanically and purposely turned down without pointing and its short
coming and without explaining as to why the revetting and that too by a
non technical and a contracted recovery officer was deemed warranted.
Complainant was never imparted with any reasoning in respect thereof.
Please Refer Para-(J) of our Complaint dated 31.05.2011
7. Branch Transfer application of the complainant not taken into consideration. :-
Complainant has requested to transfer bank accounts from Raila branch to other branch by various letters dated 26.05.2009 as ANNEX. 19 A, 06.08.2009 as ANNEX.19B, 24.11.2011 as ANNEX. 19, 08.12.2011 as ANNEX. 21.
8. Despite
being under obligation, copy of the ‘Loan Sanction Note’ and allied
loan documents were not provided to the Complainant.
9. Illegal ask for premature deposits in Term Loan Account :- The Bank has illegally
and mechanically demanded the deposit of amount pertaining to the sale
of Cows (which were sold for replacement by new one’s) in Term Loan
account. Please refer sample letter’s dated 04.03.2009, & 10.12.2009
copy enclosed herewith as Annexure 33 & 34 respectively. This
was one of the main grounds for discontinuance of the disbursement of
loan. Whereas it was very categorically showed and explained to the Bank
that the amount realized from the sale of the Cows is meant for the
purchase of the new which was the prime necessity of the Project. The ask of the Bank was illegal categorist findings may be imparted on this issue.
10. Various
Charges were unduly deducted and even Complainant’s eligibility under
priority sector lending was not taken into account. : - It
is apposite to note that project financed by the Bank was an ‘Organic
Dairy Farming Project’ which is undoubtedly an activity covered under
‘agriculture sector’, attracting there by benefits and exemption
available to the priority sector lending. Complainant was deprived of
the same.
11. Our Complaints were not duly registered by the Bank :-
Our
complaint dated 31.05.2011 and series of reminders in respect thereof
were not registered, considered and even complaint no. was not assigned
to them and intimated to the Complainant. The
complaint filed prior to 31.05.2011 also meet the same end as is
evident from the set of events narrated in our complaint dated
31.05.2011 and subsequently in its reminders referred in the foregoing
paragraphs.
Amazingly
there were no changes in the modus operandi of the Bank in the post
complaint period i.e., period subsequent to 31.05.2011. Despite very
categorical request not to involve the offending officers against whom
the complaint was logged and the L.H.O New Delhi.. The meeting was
conducted by the General Manager L.H.O New Delhi and that too in the
presence of Shri V.K. Lakhani who was one of the prime accused.
Further-more Shri K.L. Chouradia continued to visit our Unit on several
occasions even subsequent to 31.05.2011 and continued to abuse, harass
and threaten the complainant. This made us severally handicap to
continue with the project and ironically in Jan. 2012 we finally decided
to close down the Project which was the end of our pious dreams to
provide the children’s of our holy mother land with pure and
unadulterated milk at least.
12. Our
intimation dated 28.01.2012 & 06.02.2011 (rendered at the time of
the closure of the Project) to take possession and charge of the Cows (live stock) which were hypothecated as security with the Bank :- was
not considered and the sensitivity of the live stock was mechanically
over looked leaving us to a situation wherein we were Compelled to make
sale of the live stock and incurs further losses in distress. That
despite repeated request and reminders to take charge and possession of
the live stock Cows, no one from the Bank appeared to take charge and
responsibility of the live stock (Cows), the complainant with no other
option left with them, were compelled to make the sale in distress and
incurs undue losses. That the basic guiding force which compelled the complainant to
sell the Cows in distress at a very low price and even on credit as
also for consideration other than cash, was the financial hardship
inflicted upon them by the Bank. Complaint was not in the position to
feed the cows and the death in starvation of a single cow would have
attracted country vide agitation and political intervention. Thus the entire set of events reveals beyond doubt the fact that, the Bank was not sincere even on this very sensitive issue.
13. C.C. Limit unreasonably withheld: - The C.C.
Limit of 20 Lacs sanctioned on 06.09.2008 was freeze illegally, Please
Refer complaint dated 31.05.2011. A detailed Sheet enclosed herewith as Annexure- 34
14. Land of M/s Kanhika Agro Biioteck Pvt. Ltd. worth Rs. 8,54,77,500/- as per Bank’s Valuer was mortgaged :- in anticipation of the pre decided expansion of the project consequently requiring enhancement of
loan. As is apparent on the face of record the said enhancement of loan
was never allowed to us. Thus the mortgage of this land was as
aforementioned premature. In these circumstances, the charge on the said
land was created presuming that the
enhancement is bound to be allowed but unfortunately the same was not
allowed because of the unfortunate happenings as mentioned in detail in
our complaint dated 31.05.2011.
15. Pain and Agony of the Complainant:-
I
am deeply pained at drawing your kind attention to the gross
irregularities that have been committed in collusion by the corrupt
officials of the esteemed organization. They acted in consonance with
vindictive vim. It was a rude shock to know that the AGM did
nothing to check & improve the functioning of his subordinates
because he wants to become DGM and the DGM does nothing as he has to
become GM and so on and so forth. It was personally told to
me that we cannot fight with the entire system for just one project of
yours. These subordinates are the ones who play a pivotal role in
deciding our future growth in the organization. It hurts us badly at
such a sorry state of affairs of the biggest bank of our great country
and I have been a part of it. These vindictive / whimsical officials
have been successful in their aim of getting this pious and path
breaking project of mine off track.
I
am at cross roads and totally disturbed both mentally and physically. I
do not know what to do at the age of 47. I have been the Vice President
and Director of The Jaipur Stock Exchange Ltd. for more than 3 years
and have also worked in the capacity of Director of a bank. I have been a
share broker for a pretty long time but have given my all for this
dairy project of mine for the last 7 years. I am not in a condition to
go back to my old profession now. I strongly feel that the past 7 years
have been a complete waste for practically no fault of mine. I feel my
future is blank and completely dark due to some highly dishonest &
corrupt official’s whims and fancies.
I
not only strongly feel but believe deep down in my heart that after
green revolution this would have been a trend setter project in the
field of dairy as we wanted to develop an integrated model of
Agriculture & Dairy farming with complete backward and forward
integration. This would have resulted in a lot of entrepreneurs entering
into this field. All this have made to die at an incipient natal stage
because of lack of orientation focus and red tapism of these highly
dishonest officials. The Bank never followed their own fair
lending practices code, Policy on customer grievances redressal, and
totally involved in Unfair Trade Practices and never made a sincere
effort to solve my grievances.
I
really do not know after facing such a trauma how am I going to
convince my own-self to continue in the field of business or put my own
son in this field. These words have emanated from deep down of a person
who has been at the receiving end of a complete autocratic and corrupt
system.
From the forgoing submissions, it is apparent that sin has been committed repeatedly by the corrupt officials of the Bank. They
deliberately caused our pious project to fail by unlawfully withholding
disbursement of loan at several occasions. Because of which our pioneer
project which would have emerged as a role-model for the Organic Dairy
Farming Industry in India, was made to die at the very onset. At this
juncture we would like to share the experiences that we had during our
meetings on the issues of dispute with the higher officials of SBI up-to
to the level of L.H.O. New Delhi. We learnt through our experience that
officials in SBI are dishonest, that is to say, they are neither
performing their duties, and extending their services as is expected in
the modern banking system nor they are acting in the interest of the
Bank too. Moreover the system established in SBI since long also
compels others to support those who are dishonest as aforementioned.
The root of this lies in the deep rooted Union system in SBI, which is a
system in operation producing groupism and favoritism therein. There is
no denying the fact that administration and management in SBI is
dominated by different Unions supported by various sections and groups
working therein. These Union dictate their terms on the administration
and management in SBI at the higher levels, blindly supporting their
members / voters etc. This leads to the denial of justice to the
borrowers of the Bank. The administration & management in SBI works
under the pressure of these Union especially in cases involving
compliant against their members, invariably are causing the miscarriage
of justice. Even the higher forum in SBI is not at liberty to deliver
justice to their customers, as is evident from the fact that our very
categorical and very reasoned request not to involve the corrupt
officials, specifically against whom the complaint was lodged, in the
enquiry proceeding, was mocked at. Our Complaint at multiple levels were
buried under the dictate of these Unions. But unfortunately there
is no forum within the network of SBI to guard and take care of the
interest of the borrowers / customers. In these circumstances
this Hon’ble Forum is the last and the only ray of hope for seeking
justice and relief for the bonafide complainant who was unfortunately
trapped into the dishonest calls and claims of SBI pertaining to their
Customers Friendly Services. There calls were as dishonest as the
officials Shri K.L. Chouradia, Shri R.K. Nehra, Shri V.K. Lakhani and
D.B. Shiwach who acted only for their own vested interest against the
norms of the Bank. Under the pretext to guard the interest of the Bank
they violated the bonafide Banking Practice code and instead spoiled
banks business and its image too.
8. Whether
any reply (Within a period of one month after the bank concerned
received the representation) has been received from the bank? Yes/No
No
9. Nature of Relief sought from the Banking Ombudsman
In
the above premise your honour will appreciate that we have gilt edged
case in our favour and factually and we deserves the following reliefs
to mitigate the loss of prestige and wealth owing to the misconduct of
the Bank:-
(I)The
words and expression of malice i.e., ‘Rephasement of loan’, referred to
in letter dated 05.06.2009 may be withdrawn on record with apology by
Bank in writing.
(II)The
entire details of the accounts viz. the precise details of all the term
loan (whether old or new) and C.C. limit, sanctioned to the complainant
including the date of sanctions, amounts and dates of disbursement etc,
item-wise and head-wise.
(III)The
Bank may be asked to apologize in writing for filing undue appeals in
Bhilwara Court and publishing advertisement in 21.11.2010 edition of
Rajasthan Patrika.
(IV)To
release the charge of the 259 Bigha 16 Biswa of Land owned by M/s
Kanhika Agro Biioteck Pvt. Ltd. and mortgaged on behalf of the
Complaint, so as enable the bonafide Complainant to deal with the said
land in the manner which suits them the most. This action will prove to
be a lifeline for the basic minimum livelihood of the promoter and his
family who are maliciously dragged into a situation of financial
hardship by the Bank.
(V)Thorough investigation of the Complaint dated 31.05.2011 and follow-up letters.
(VI)Deterrent
penal action against Shri K.L. Chouradia, Shri R.K. Nehra & Shri
V.K. Lakhani, Shri D. B. Shiwach and the other officers who either
colluded, protected or shielded them.
(VII)Set
off of all the interest may be provided for against the pending dues of
the Bank as against the complainant. Since the bonafide complainant was
inflicted with undue losses, which lead his to lose his own share of
investment in the Project, solely for the reasons of misdeeds of the
Bank who violated at each step the ‘Guidelines on Fair Practice Code for
Lenders’.
We
sincerely hope that your good-self will accede to our humble request
and oblige. We however reserve our right to add to and amend to this
submission, if warranted in the process of assisting this Hon’ble Chair
to deliver justice. Personal hearing may also be granted so as to enable
us to substantiate our case and explain the matter to this Hon’ble
Chair by way of reference to various records and allied documents etc.
10. Nature and extent of monetary loss, if any, claimed by complainant by way of compensation (please refer to clauses 12(5) & 12(6) of the scheme)
Deterrent
Action may be taken against Shir K.L. Chouradia, Shri R.K. Nehara, Shir
V.K. Lakhani & D.B. Shiwach and others who supported or shielded
them.
Monetary
compensation may be provided as assessed and deemed fit by this Hon’ble
Chair we however reserve our right to the Higher Judicial Forums for
compensation as available to us within the ambit of law.
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