BEFORE THE DIST.CONSUMER DISPUTES REDRESSAL FORUM, KHURDA, BHUBANESWAR:
-ooOoo-
C.D. CASE NO. 359/ 2019
Dr. Nilamadhab Nanda, aged about 61 years,
S/o Late Bira Kishore Nanda,
R/o – 101, Kokila Enclave -1, PO- Pokhariput,
PS- Airfield, Bhubaneswar – 751020
Dist : Khurda
…. Complainant
-Vrs.-
- The Managing Director, Odisha Gramya Bank,
Head Quarter - Gandamunda, Bhubaneswar- 751030
PS: Khandagiri, Dist : Khurda
- The Regional Manager, Regional Office,
At – Sanapalla, PO- Pallahat,
Khurda – 7520056
Dist – Khurda, Odisha.
- The Branch Manager,
Gandamunda Branch, OdishaGramya Bank,
Ground Floor of H.Q., Gandamunda, Bhubaneswar- 751030
…. Opp. Parties
EXTRACT OF THE ORDER No.02 : DATED:10/12/2019
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Complainant is present in person. Heard on the question of admissibility of the complaint and perused the record.
The complainant availed cash credit loan facility of Rs.30,00,000/- from the OPs by making equitable mortgage of his house as security to the loan, the cost of which is Rs.80,00,000/- as averred in the complaint petition and for the said loan, there was an agreement executed between the parties. But copy of such agreement and details of the loan, had not been provided by the OPs to the complainant. The OPs deducted around Rs.2,50,000/- from the loan account of the complainant but did not provide any receipt or clarification to the complainant in this regard. Rather on 24/10/2018, the complainant received a letter from the OPs demanding Rs.33,10,328/- which according to the complainant is unethical and violative of RBI guidelines. Subsequently, the OPs issued letter dated 27/11/2019 to the complainant stating “Notice for sale of immovable assets” by estimating the market value of the mortgaged house at Rs.68,06,750/- even though its market value is more than one crore. Therefore, he has filed the present complaint U/s 12 of the C.P.Act, 1986 praying for direction to the OPs to provide copy of the loan agreement and up-to-date statement of account in respect of the loan account vide No.0134414001000007, restraining the proposed auction sale and other relief.
In this regard, we find that, the loan amount in respect of which the relief is sought for is Rs.30,00,000/- and also the cost of the property against which the loan was availed by the complainant is Rs.80,00,000/-. Further we find that the demand amount raised by the OPs bank vide letter dated 24/10/2018 under Annexure – 1 is Rs.33,10,328/-. Thus, the value of assets involved and services availed in this case, exceeds the pecuniary jurisdiction of this Forum as contained in section 11(1) of the C.P. Act, 1986. Therefore, in view of the recent decision of the Hon’ble National Commission, in case of Gurumukh Singh Vrs: Greater Mohali Area Development Authority and Another reported in 2018 (2) CPR-111 (NC), this Forum has no pecuniary jurisdiction to entertain the complaint.
Hence, in the interest of justice, the complaint be returned to the complainant for being presented in the appropriate Forum having jurisdiction to adjudicate upon the same.
The petition stands disposed off accordingly.
Member Member (W) President
