OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ANGUL
PRESENT:- SRI DURGA CHARAN MISHRA.
PRESIDENT
A N D
Smt.Sunanda Mallick &
Sri K.K.Mohanty,MEMBERS .
Consumer Complaint No. 40 of 2019
Date of Filling : -06.06.2019.
Date of Order :-21.01.2020.
Sri Dibakar Sahoo,S/O.Late Madan Mohan Sahu,
At- Madanmohanpada,Angul Town,P.O/P.S/
Dist.Angul- 759122.
_______________________________Complainant.
Vrs.
- Andhra Bank Ltd.,Represented through its
Branch Manager,Angul Branch,At/P.O/P.S/
Dist.Angul,Odisha,Pin- 759122.
- Andhra Bank Ltd.,Represented through its
Regional Manager ,Zonal Office,Ainthapali, Sambalpur,P.O/P.S/Dist.-Sambalpur
Pin- 7680904,Odisha.
_______________________________Opp. parties.
For the complainant :- Sri D.K.Pani & associates(Advs.)
For the opp.parties :- Sri A.Mishra & associates(Advs.)
: J U D G E M E N T :
Sri K.K.Mohanty,Member.
The complainant has filed this case with prayer to direct the opp.parties to receive Rs. 16,000.00 from him towards full and final settlement of the car loan A/C. No. 070430024000467 and lift the lien from the three numbers of fix deposits given as security in the loan and to refund the maturity amount of the above said three fixed deposits to the owners (guarantors) and also to refund the ROR and other documents pledged along with NOC to the complainant.
2. The complainant’s case runs thus:-
That the complainant Dibakar Sahu had taken a car loan bearing No. 070430024000467 for Rs. 1,08,000.00 and now the opp.parties are claiming Rs. 53,000.00 towards full and final settlement of the loan dues and for that they have kept three numbers of FDRs of the guarantors. According to the complainant, though he approached time and again for OTs but the opp.parties are remaining callous. So he has filed this case.
3. The opp.parties have contested the case by filing joint written version with prayer for dismissal of the case on the grounds that the complainant is a chronic defaulter, he has swallowed the amount granted by LIC against accident or the loan car and how trying to get rid of the amount.
4. During argument both parties have filed a joint compromise petition stating that :-
The complainant will pay Rs. 30,000.00 to the opp. parties towards full and final settlement of Loan A/C No. 070430024000467 and the opp.parties cannot claim anything more towards loan dues.
The opp.parties shall make the three numbers of FDRs lien free and pay the matured amount of the three numbers of FD receipts pledged before them as security against the loan to the guarantors with due upto date interest as per guide lines of the RBI.
Since the complainant has arranged the guarantors for the loan, the guarantors cannot claim anything more from the opp.parties beyond this compromise but they can do so against the complainant if required as because the complainant has made this compromise.
The opp.parties shall return the ROR and other documents pledged with them at once.
The compromise petition is allowed on the above grounds.
5. Hence the order:-
: O R D E R :
The complaint/petitioner shall pay Rs. 30,000.00 (Rupees Thirty Thousand) to the opp.parties within 10(ten ) days of getting this order towards full and final settlement of the car loan A/C.No. 070430024000467 and the opp.parties cannot charge/demand any more. The opp.parties shall make the fixed deposits given by the guarantors as lien free and they shall refund the matured amount to the respective guarantors within 10(ten) days of receiving the loan amount. It is made clear that the opp.parties shall pay the interest on the fixed deposits as per RBI rules from the date of renewal i.e from the date from which those fixed deposits are not getting interest Also the opp.parties shall give NOC and return the ROR and other documents within the said period i.e within 10(ten) days of getting the cash. The guarantors cannot claim anything from the opp. parties as because the complainant for whom they were guarantors has made this settlement but they can do so against the complainant if required.
Order delivered in the open forum today the 21st January,2020 with and seal of this Forum.
Typed to my dictation
and corrected by me Sd/-
(Sri D. C. Mishra)
Sd/- President.
(Sri K.K.Mohanty )
Member. Sd/- (Smt.S.Mallick),
Member.
