Orissa

Sambalpur

CC/15/2022

1.Mohammed Imran - Complainant(s)

Versus

1. The Senior Manager, Syndicate Bank - Opp.Party(s)

Sri. S.N.Panda & associates

29 Nov 2022

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

CONSUMER COMPLAINT CASE NO- 15/2022

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

 

1. Mohammed Imran, Aged about 32 years,

S/o-Mohammed Farooque

2. Mohammed Farooque, Aged about 54 years,

S/o-Mohammed Ibrahim

Bothe are resident of- Motijharan,

Po/Ps-Dhanupali, Dist-Sambalpur                       ...………..Complainant

Versus

1. The Senior Manager, Syndicate Bank

Sambalpur Main Branch(After Merger now known as Canara Bank)

At-Brooks Hill, Sakhipara, Dist-Sambalpur.

2. The authorized officer, Syndicate Bank,

R/O-Bhubaneswar-II, At-F-4, 2^nd Floor,

Indradhanu Market Complex, IRC Village,

Ps-Nayapalli, Bhubaneswar, Dist-Kurla              .…………...Opp.Parties

 

Counsels:-

1. For the Complainant                   :-         Sri. S.N.Panda, Advocate & Associates
2. For the O.P.s                                 :-         Sri. A.Pattanaik, Advocate & Associates

 

Date of Filing:02.04.2022,Date of Hearing :20.09.2022, Date of Judgement : 29.11.2022

           Presented by Dr. Ramakanta Satapathy, PRESIDENT,

1. The case of the Complainants is that the Complaint No.1 purchased a Mixture Machine and availed two term loan having A/C NO. 80609910000435 for 1.50 lakhs sanctioned  on 13.03.2018 and vide A/C No. 80609910000513 for Rs. 3,99,200/- sanctioned on 21.08.2018 from the O.Ps. Due to loss in business the accounts became N.P.A. and the O.P. No.1 initiated proceeding under SARFAESI Act issued demand notice and then possession notice. The Complainant filed W.P. (C) No. 3489/2020 for compromise. The hon’ble High Court, Orissa vide order dated 28.02.2020 disposed of writ with certain conditions. As per direction of the High Court the Complainant No.1 deposited Rs. 1.5lakhs in A/C No. 80609910000513 and submitted an application for one Time settlement on 28.02.2020. The O.Ps not communicated the decision taken by O.Ps.

The Complainants allege that being aggrieved this Complaint has been filed with the guarantor, Complainant No.2.

2. The O.P. No.1 after appearance submitted its version when the loan accounts became N.P.A. proceeding under the SARFAESI Act, has been initiated by the Bank. As per direction of the Hon’ble High Court, Orissa the Complainant No.1 deposited Rs. 1.5lakhs on 31.03.2020 and also filed an application for compromise. The Complainant failed to comply the terms and conditions. The Complainant No.2 submitted an application in person on 31.03.2020 but  letter dated 27.03.2020 was never put before the O.P. and since the Complainant not mentioned OTS/Compromise amount, so on 13.04.2020 vide Ref. No.2/SBP?8060REC/2020 to give the proposal within three days but the Complainants remained silent, violated the order of the Hon’ble High Court, Orissa.

The application dated 07.03.2022 received on 08.03.2022 by the O.P. Bank is only to file the complaint. There is no any deficiency on the part of the Bank.

The DRT has only authority to entertain case under SARFAESI Act, as per Sec. 34 of the Act, 2002. The case is not maintainable and liable to be dismissed.

3. After perusal of the complaint, version of O.P. Bank and documents the complaint is taken up and with preliminary issue order is passed.
3984869.  

Whether this Complaint is not maintainable in view of pendency of SARFAESI proceeding against the Complainant?

The Complainants in their complaint admitted the facts of demand notice issued u/s 13(2) and possession notice/s 13(4) of the SARFAESI Act, 2002. As per direction of the Hon’ble High Court, Orissa in W.P.(c) No. 3489/2020 dated 28.02.2020. The Complainants have deposited Rs. 1.5Lakhs on 31.03.2020. An application for Compromise/Settlement of loan account was also to be filed before 31.03.2020. The Complainant No.2 filed an application on 27.03.2020 does not contain the agreed amount.

For OTS/Compromise agreed amount is essential and as per OTS principles the initial deposit to be made with the Bank for consideration of proposal. Granting of loan is the discretion of the Bank, likewise a proposal for settlement is having norms. In order to delay the payment and frustrate the SARFAESI proceeding the Complainants issued notice dated 07.03.2022 and between 31.03.2020 to 07.03.2022 no any application or trial for settlement has been made from the side of the Complainants. The Complainants have not come to the Commission with clean hands. Section 34 of the SARFAESI Act, 2002 bars the jurisdictions of other courts. Accordingly it is ordered.

ORDER

The Complaint is dismissed on contest against the O.Ps on the point of maintainability. The parties are to bear their own cost.

Order pronounced in open court on this 29^th day of Nov. 2022.

Supply free copies to the parties.