PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                                                  CONSUMER COMPLAINT NO.75 /2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

Manbodh Dhilla @Dila,

S/O- Niranjan Dhilla

R/O-Jadu-Loisingh, Po-Hatibari, Via-Jujomura

Dist-Sambalpur-768105, Odisha.                                           ……….......Complainant.

Vrs.

1. State Bank of India, Represented by Regional Manager,

State Bank of India, Regional Business Office,

1^st Floor, State Bank of India Main Branch,

Sambalpur-768001,Odisha.

2. State Bank of India, Represented by The Branch Manager,

State Bank of India, Hatibari, At/PO- Hatibari-

Via-Jujumura, Sambalpur-768105.

3. Mr.Ashwini Kumar Bhoi,

At present Branch Manager, State Bank of India, Hatibari

At/PO- Hatibari-

Via-Jujumura, Sambalpur-768105.             ..…....……….Opp. Parties

Counsels:-

1. For the Complainant         :- Sri. Barpanda
2. For the O.P. No.1 & 2        :- Ex-parte.
3. For the O.P. No.3                          :- Sri.A.K.Nayak

Date of Filing:29.02.2024,  Date of Hearing :24.06.2024,  Date of Judgement :06.08.2024

Presented byDr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant applied for an Agricultural Term Loan from the O.Ps S.B.I. to purchase a tractor. The Bank granted loan of Rs. 5.00 lakhs after completion of formalities, execution of hypothecation deed on 17.10.2008 bearing No. 30528436342. The Complainant deposited Record-of-Rights and corresponding sale deeds. Margin money was also deposited.

On 21.10.2008 seven numbers of drafts issued by Bank amounting to Rs. 6,58,186/- infovur of the dealer M/S Sahu Traders, Prop. Mr. Prakash Chandra Sahu. The dealer encashed the draft on 24^th and 25^th October 2008 but the tractor was not delivered to the Complainant. Complaint was lodged but it became futile.

Complaint No.17818/2015 was made before Central Vigilance Commission New Delhi for a thorough and in-depth investigation bearing complaint No. 17818/2015. The Complaint was transferred to Vigilance Department of the O.P. Bank on 16.10.2015 but till date no action taken against erring officers of the Bank.

Vide Letter No. BR/GEN/58 dated 01.07.2016 a F.I.R was lodged before officer-in-charge, Jujumura police Station, Sambalpur by Branch Manager Mrs. Sethy alleging fraud of Rs. 6,58,186/- by M/S Sahu Traders, Prop. Prakash Chandra Sahu and others bearing F.I.R. No.0072 dated 01.07.2016 G.R. Case No. 2121/2016 was initiated.

The Complainant on 02.02.2022 requested the Bank for closure of loan account: ATL 30528436342 created on 21.10.2008. In reply the O.P. No.1 vide letter No. RBO/SBP/2021-22/52 dated 03.02.2022 statedthat it will take some time to ascertain the issues and the Bank will intimate the Complainant in due course.

The Complainant received notice No. 18/2022 dated 18.01.2022 from Commercial Court, Sambalpur to appear in pre-conciliation on 26.02.2022. The Complainant came to know that O.P.No.2 filed C.S.No.71/2014 before C.J.(S.D), Sambalpur for recovery of loan against he Complainant. Later on the case was transferred to Sr. Civil Judge(Commercial Court), Sambalpur and renumbered as C.S. No.71/76 of 2014/2021. During deposition the O.P. No.3 dated 02.05.2023made false and derogatory remarks against the Complainant. The Civil Judge (Commercial Court), Sambalpur dismissed the suit as not-maintainable. On 18.07.2023. The Complainant sent a legal notice dated 25.07.2023 to B.M. SBI, Hatibari to return the original RORs and documents. The O.P. No.3 till date not returned the documents and margin money deposited.

Being aggrieved this complaint has been filed.

2. The O.P. No.1 & 2 have been set ex-parte.
3. The O.P. No.3 appeared but not filed any version nor any documents.
4. Perused the documents filed by the Complainant:

1. Copy of F.I.R. No. 0072 dated 01.07.2016 of Jujomura Police Station in G.R. Case No. 2121/2016 of the court of S.D.J.M., Sambalpur.
2. Copy of plaint in C.S. No. 71/2014 of the Court of C.J.(S.D), Sambalpur.
3. Copy of deposition dated 10.04.2023 and 02.05.2023 of O.P. no.2 in C.S. No. 71/2014.]
4. Copy of Judgement in C.S. No.71/2014 of the C.J. (Commercial Court), Sambalpur dated 18.07.2023.
5. Advocate notice dated 25.07.2023.

5. The Complainant availed loan facility from the O.P.No.2 for an amount of Rs. 5.00 lakhs to-wards purchase of a tractor. On 21.10.2008 Rs. 6,58,186/- seven band Drafts were issues in favour of M/S Sahu Traders, Propr. Mr. Prakash Chandra Sahu but the dealer not delivered the tractor to the Complainant. On Complaints the O.Ps have not taken any step till lodging of F.I.R. No. 0072 dated 01.07.2016. No any action was also taken by the vigilance Department of the Bank after reference from the Central vigilance Commission, New Delhi.

From Civil Suit No. 71/2014 of the C.J.(Commercial Court), Sambalpur it reveals that vide order dated 18.07.2023 the suit was dismissed. Against the order of the C.J.(Commercial Court) Sambalpur the O.Ps have not filed any order of the appellate Court. So the order of the C.J. (Commercial Court), Sambalpur is binding on the O.Ps.

6. This Complaint is arising out of the Agriculture Term loan granted by O.P. No.2 in favour of Complainant since 17.10.2008 but concluded after order of the C.J.(Commercial Court), Sambalpur on 18.07.2023. On 25.07.2023 advocate notice was sent to the O.P. no.2 for refund of margin money deposited and return of RORs and sale deeds. The O.Ps have not given any reply to the advocate notice. After appearance before this Commission the O.P. No.3 also not submitted any version.
7. The O.P. no.1 & 2 after several Complaint only lodged the F.I.R. but from 2008 till 2023 the Complaint of the Complainant remained unsolved. For a long period the Complainant was debarred to get any financial benefit out of his land mortgaged. Rather in legal battle spent his entire precious period of life solving the problem. Although loan documents have been signed burdened with loan no fruit of the money was received by the Complainant. Ultimately after the order of C.J. (Commercial Court) Sambalpur got the relief. The O.P. No.1 & 2 are deficient in service as they have not taken reasonable step to provide relief to the Complainant, it amount s to deficiency in service and unfair trade practice. After receipt of Complaint the O.P.No.1 & 2 remained silent till 2014 and failed to explain. To secure the loan in the alternative filed the C.S. No. 71/2014. Harassment of borrower/Consumer has no any meaning for the O.P.No.1 & 2.
8. The Contention of the Complainant against O.P. .No.3 is false statement before the C.J.(Commercial Court) Sambalpur and use of derogatory words against the Complainant. This Commission has no jurisdiction to take action for false statement if any before the Commercial Court Sambalpur. By name Complaint has been filed. The Complainant is at liberty to take appropriate step against O.P. before competent authority/Court.
9. Taking into consideration the circumstances of the complaint following order is passed.

ORDER

The complaint is allowed against O.P. No.1 & 2 and dismissed against O.P. No.3. The Complainant has not mentioned the amount margin money deposited. The O.P.No.1 & 2 are directed to refund the margin money deposited and interest @13.75% P.A. from the day of deposit within one month of this order. Further O.P.No.1 & 2 are directed to return the original land documents (RORs and sale deeds) within this one month. For deficiency in service and unfair trade practice the O.P. No.1 & 2 are directed to pay compensation of Rs. 25,00,000/- and litigation expenses of Rs. 50,000/-. In case of non-payment the O.P.No.1 & 2 shall be liable to pay interest @18% w.e.f. 29.02.2024 till realisation.

Order pronounced in open court on 6^th day of August, 2024.

Supply free copies to the parties.