PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.- 147/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

Hansa Devi Jha, Aged about 60 years,

W/O- Ganesh Kant Jha, Occupation-House Wife,

R/O-Krishna Nagar, Khetrajpur,

Dist-Sambalpur,Odisha-768001.                                    ….…......Complainant.

                                    -Vrs.-

1. Jana Small Finance Bank,

Ground Floor, Galaxia Mail, Ratu Road, Ranchi-834005,

having its registered office at the fairway, Ground & First Floor, Survey No. 10/1, 11/1 & 12/2B, off Domlor, Koramangla Inner Ring Road, Next to EGL Business park, Challaghatta, Bangalore-560071.

2. The Manager, Jana Small Finance Bank Ltd.

Platinum Chamber, Budharaja, Po-Budharaja, Ps-Ainthapali, Dist-Sambalpur,Odisha-768004                          …………........Opp.Parties

Counsels:-

1. For the Complainant         :- Sri. S.Dash & Associates
2. For the O.P.s                       :- Sri. A.K. Pattanaik & Associates

Date of Filing:25.09.2023,  Date of Hearing :05.11.2024,  Date of Judgement :09.12.2024

Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant and her son Parsuram Jha availed a loan of Rs. 7,50,000/- from the O.Ps. Due to Covid-19 situation irregularity in payment made and it raised upto Rs. 7,78,232.50P, on 15.03.2023. For non-payment O.Ps humiliated Parsuram Jha which caused depression and ultimately committed suicide on 30.11.2022. The deceased left a suicide note attributing cause of his suicide to the O.Ps. The O.Ps issued demand notice dated 17.03.2023 and possession notice dated 21.06.2023. The O.Ps are trying to take possession of the motragaged property.
2. The O.Ps in reply submitted that due to irregularity in payment the outstanding dues raised upto Rs. 7,78,232.50P as on 15.03.2023. Till the death of Son of Complainant there was no irregularity in repayment. The last EMI transaction in repayment made by Complainant and her son was 04.11.2022. The loan account became NPA on 03.03.2023. The cause of suicide alleged against O.Ps are denied. As per SARFAESI Act, 2002 demand notice was given on 17.03.2023. When Complainant not turned up after 60 days possession notice u/s 13(4) of the SARFAES Act was given. There is no deficiency in service on the part of the O.Ps. The Complaint is not maintainable due to pendency of SARFAESI proceeding. The complaint is liable to dismissed.
3. Perused the documents filed by the Complainant. On 17.03.2023 the O.Ps issued demanded notice. Possession notice under the SARFAESI ACT, 2002 was issued on 21.06.2023. The Complainant filed account statement of the loan account, death certificate of Parrsuram JHa, post-mortem report and suicidal note dated 30.11.2022 along with application to collector, Sambalpur by the Complainant dated 14.08.2023.

The O.Ps not filed any documents.

4. The Complainant and her son availed a loan from the O.Ps vide loan A/C No. 45829440000772 for Rs. 7,50,000/-. The account became N.P.A. on 03.03.2023 and prior to the date Pasuram Jha committed Suicide on 30.11.2022. Till the death of Parsuram Jha payment has beem made and thereafter on 03.03.2023 the account became N.P.A. Accordingly, the contention of the Complainant that the O.Ps humiliated the borrowers is not acceptable. The Complainant not led any evidence to prove that the O.Ps humiliated the borrowers Secondly, from suicide note also it is crystal clear that for the death of deceased no body is responsible and the borrowers are overburden with loan. There is no any single word used against the O.Ps by the deceased.
5. The O.Ps contended that the case is not maintainable as the SARFAESI proceeding is pending. The Complainant admitted the facts of the proceeding that demanded notice was issued on 17.03.2023 and after 60 days for non payment possession notice was issued on 21.06.2023. The financing Bank is duty bound to secured its debt following due procedures under the law. Accordingly the Complainant has to challenge the procedural irregularities before the competent court of law under the SARFAESI Act, 2002. As the SARFAESI proceeding is in progress, the complainant is at liberty to move to Debt Recovery Tribunal for redressal of grievance.

As discussed Supra the complaint has no merit and accordingly dismissed. No cost and compensation.

Order pronounced in the open court on 9^th day of Dec. 2024.

Supply free copies to the parties.