PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.-190/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

Ananda Kumar Panda, aged about 42 years,

S/O- Late Basanta Kumar Panda

R/O-Padiabahal Ps-Sadar, Sambalpur

Dist- Sambalpur, Odisha,                                      ………………Complainant

-Vrs-

1. State Bank of India, Padiabahal Branch,

At/Po-Padiabahal, Dist-Sambalpur-768112

Represented through its Branch Manager.

2. The Chief Manager (Credit & NPA), State Bank of India,

R.B.O.-III, Sambalpur, Odisha-768001.

3. The D.G.M. State Bank of India, Zonal Office,

Ainthapali, Sambalpur, Odisha-768004.

4. The General Manager-I, State Bank of India,

6^th floor, Local Head Ofiice-III/1, Pandit Jawaharlal Nehru Marg, Bhubaneswar, Khorda, Odisha-751001.

5. The Chief General Manager, State Bank of India,

6^th floor, Local Head Office-III/1, Pandit Jawaharlal Nehru Marg, Bhubaneswar, Khorda, Odisha-751001.                                 ………………Opp. Parties

Counsels:-

1. For the Complainant         :- Sri. S.Dash & Associates
2. For the O.P.s                       :- Sri. B.Meher, Adv.

Date of Filing:31.10.2023,  Date of Hearing :30.07.2024,  Date of Judgement :17.09.2024

Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that a housing loan of Rs. 6,75,000/- was availed on 29.12.2009 for a period of 20 years @8% interest compound per annum. The Complainant paid the installments timely till April 2023 but without his knowledge the period has been extended to 30 years and issued SARFAESI notice on 12.10.2023. The account was declared NPA on 29.06.2023. The O.Ps denied one time settlement and taking coercive steps for recovery.
2. The O.Ps in reply submitted that the complaint is not maintainable. The Complainant was irregular in payment after sanction of the loan for which it was declared NPA on 29.06.2023 and notice u/s 13(2) of the SARFAESI Act was issued on 12.10.2023. For Covid-19 situation the loan was extended from 240 months to 360 months as per Reserve Bank of India Circular No. CCO/CPPD-ADV/200/2019-20 dated 30.03.2020. As per section 34 of the SARFAESI Act, 2002 this Commission has no jurisdiction to entertain the complaint. Best customer service has been provided to the Complainant and there is no deficiency on the part of O.Ps.
3. Perused the documents filed by both the parties. From the account statement it reveals that the Complainant is irregular in payment of installments and for that reason the account classified as NPA on 29.06.2023. The O.Ps issued notice under the SARFAESI Act, 2002 for recovery of the dues which is admitted by the Complainant. Learned advocate for O.Ps submitted that this complaint hit section 34 of the SARFAESI, Act 2002 and not maintainable. The O.Ps cited Central Bank of Indian Vs Ram Chandra Sahoo case 112(2011) CLT 254. The Complainant is having alternative remedy under the SARFAESI Act, 2002 and as the Complainant was irregular in payment, taking into Covid-19 situation the loan term has been extended by O.Ps as per R.B.I. circular. The O.Ps are not deficient in their service, accordingly the complaint is dismissed. No cost.

Order   pronounced in the open court on 17^th Sept. 2024.

Supply free copies to the parties.