Date of filing:- 16/11/2020.                                                                                Date of Order:-07/11/2023.

DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION

B A R G A R H.

Consumer Complaint No. 95 of 2020.

1. Subrat Sarangi, S/o. Ramprasad Sarangi, Occupation. Retd. Ex. Service Man, aged about 36 Years,
2. Ramprasad Sarangi, S/o. Akshya Kumar Sarangi, aged about 64 Year , Occupation. Retd. Bank Employee, Both R/o. Khandahata, Village. Tora, Dist. Bargarh (Odisha) at present R/o. Near Law College, W.No.1, Bargarh, Po/Ps/Dist. Bargarh.

                                                                                                                                     Complainants.

V e r s u s

1. The Manager, Indian Overseas Bank, At. Khajurtikra, Bargarh, Po/Ps/Dist. Bargarh.
2. The Chief Regional Manager, Indian Overseas Bank, Regional Office, Engineering School Road, Dr. Paul School Campur, Brahmapur, Odisha 760010.

                                 Opposite Parties.                         

Counsel for the Parties:-

For the Complainant: -                :- Sri Bikramaditya Panda and  Associates.

For the Opposite Party No.1 :-    :- Sri A.K. Patra with Associates.

For the Opposite Party No.2:-     :-Exparte.

                                                -: P  R  E  S  E  N  T :-

Smt. Jigeesha Mishra            .....       .....       .....       .....       .....       P r e s i d e n t.

Smt. Anju Agarwal             .....         .....       .....       .....       .....       M e m b e r (W).

Dt.07/11/2023.                                 -: J   U  D   G  E  M  E  N  T:-

Presented by Smt. Jigeesha Mishra, President :-

1. The case of the Complainant is that the Complainant `approached the local Branch of the Bank on Dt. 10/05/2011 for a housing loan and it was sanctioned on 14/06/2011 for a credit limit of  Rs. 7,00,000/-(Rupees seven lakh)only on 15/06/2011 the loan was sanctioned having account No. 150403351100003 and an agreement was made between the parties having clause No.1 of terms and conditions as the loan shall be repaid in equated monthly/quarterly/half yearly installment of Rs. 7000/-(Rupees seven thousand)only each for a period of 120 months. The repayment shall commence immediately after completion of construction or purchase of flat or house or after 18 months from the date of first disbursement whichever is earlier. The Complainant deposited Original documents as asked by the Bank entering into a list of agreement as

1. Original R.O.R. No. 325/1797 of mouza Dang.
2. Original R.S.D. No. 2553 Dt. 04/12/2009.
3. Original E.C. issued by DSRO Bargarh vide certificate No. 375/2011.
4. Original Rent receipt No. AXO 43109 Dt. 03/02/2011.
5. Original Affidavit of both the borrowers.

The Complainant also hypothecated the building and gave personal gurantee of the guarantor Ramani Ranjan Satapathy for amount worth 18.6 lakhs. Without waiting for the moratorium period of 18 months of paying EMI the Complainant started paying EMI of Rs. 7000/-(Rupees seven thousand)only from the very first month and paid all the installment in time. When the Complainant wanted to paid the last installment in lumpsum the bank asked to pay Rs. 4,44,000/-. The Complainant send a letter Dt. 31/10/2018 to supply relevant documents kept in their custody to ascertain the truth. The Opposite Party supplied copy of agreement in which it is clear mentioned that the EMI is Rs. 7,000/-(Rupees seven thousand)only per month. Further the Opposite Party bank has not obtain personal insurance for our life which is mandatory requirement for all loans. The Complainant send a reminder Dt. 08/11/2018 when he did not found reply regarding the excess amount. The Branch Manager written in the remarks as we will revered back to you when we get confirmation. We expect a period of 15 days, but till today no letter is received from their end. Hence the Complainant filed this case before this commission for deficiency in service on the part of the Opposite Party.

2. The Case of the Opposite Party No.1 is that the Opposite Party filed version and admitted that the  loan amount was Rs. 7,00,000/-(Rupees seven lakh)only and EMI was Rs. 7,000/-(Rupees seven thousand)only.

The Opposite Party No.1 submitted that the allegation of not informing about the quantum of remaining loan amount is completely false. In various communications and the Complaints received from banking ombudsman, the details are informed several times. So there is no deficiency of service on the part of the Opposite Party bank. The Opposite Party No.2 did not file version. Hence Opposite Party No.2 is set exparte.

3.  Perused the Complaint petition, version and documents filed by the parties and following issues are framed:-

ISSUEES

1. Whether the Opposite Parties are deficient in service ?
2. What relief the Complainant is entitled to get ?

Issue No.1.

            It is admitted fact that the loan amount was Rs. 7,00,000/-(Rupees seven lakh)only and EMI was Rs. 7,000/-(Rupees seven thousand)only. The B.M. Indian Overseas Bank appeared personally in the Commission and admitted that thte Complainant is paying EMI from the day one . After Completion of EMI the Bank did not issue NOC. Further the B.M.  submitted that the EMI Rs. 7000/-(Rupees seven thousand)only was written in the agreement. But the real EMI should be Rs. 9348/-(Rupees nine thousand three hundred forty eight)only. The Opposite Party Bank did not submit the document of 04/12/2019 in the Commission. Where the Bank calculated the EMI at Rs. 9348/-(Rupees nine thousand three hundred forty eight)only. The Opposite Party also did not submit any document regarding issuance of that letter. Again the B.M. admitted that the Bank has not insured the building It is also admitted by the B.M. that there was no overdues till 31/10/2018. At. Last in his deposition the B.M. submitted that calculation of EMI at Rs. 7,000/-(Rupees seven thousand)only and  Rs. 9348/-(Rupees nine thousand three hundred forty eight)only are both mistake on the part of the Opposite Party Bank. When all the dues was clear, it was the duty of the Opposite Party Bank to issue NOC to the borrowers and return all the land document. But the Opposite Party did not issue NOC and did not return property document. Further the Opposite Party did not insure the building. As per submission of B.M. the Complaiant paid around Rs. 3,90,000/-(Rupees three lakh ninety thousand)only after filing of the case. After completion of all dues, the Opposite Parties did not provide NOC and demanded more money  which amounts to deficiency in service on the part of the Opposite Parties.

            The issue is answered accordingly.

Issue No.2.

            For deficiency in service of the Opposite Parties the Complainant is entitled to  get relief. The issue is answered accordingly.

            As per supra discussion the following order is passed.

O R D E R

The Complaint is allowed   on contest. The Opposite Parties are directed to issue NOC and return all property documents to the Complainants within one month from the date of this Order. Further the Opposite Parties are  directed to pay Rs. 3,90,000/-(Rupees three lakh ninety thousand)only to the Complainant which he has paid to the Opposite Party Bank. Further the Opposite Parties are directed to pay Rs. 30,000/-(Rupees thirty thousand)only compensation for harassment and mental agony and Rs. 5000/-(Rupees five thousand)only for litigation expenses to the Complainant. Failing which the entire amount will carry 12% interest P.A. till realization.

 Order pronounced in open court on this 7^th day of  November 2023.

            Supply free copies to the parties.  

      Typed to my dictation

                                                                                          and corrected by me.                                                                                           

                    I  agree/-                                                                       

        ( Smt. Anju Agrawal )                                                                  ( Jigeesha Mishra )

              Dt.07/11/2023                                                                            Dt.07/11/2023

              M e m b e r  (w)                                                                        P r e s i d e n t.