Orissa

Jajapur

CC/56/2017

Santosh Kumar Nayak. - Complainant(s)

Versus

Asst. General Manager,SBI,Jajpur Town Branch. - Opp.Party(s)

B.P.Mishra,R.C.Das

31 Oct 2019

ORDER

IN  THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                             Present:      1.Sri Pitabas Mohanty, I/C President,

                                                                                2.Miss Smita Ray, Lady Member.                                                                  

                    

                                          Dated the 31ST day of  October,2019.

                                                      C.C.Case No. 56  of 2017

Santosh Kumar Nayak,

S/O Gadadhar Nayak   

At/P.O .Similia,Via. Devidwar  

Dist. Jajpur  

                                                                                                                  ……....Complainant .                                                                                                      

                                                  (Versus)

 

 

1. Asst. General Manager, S.B.I, Jajpur Town Branch ,-

At/P.O/ Dist. Jajpur.

2. General Manager, S.B.I, Local Head office ,Bhubaneswar.
3. Deputy General Manager, S.B.I,Zonal Office, Bhubaneswar G.P.O

 

                                                                                                                              ……………..Opp.Parties.                 

                                                                                                                            

For the Complainant:                              Sri R.C.Das , Advocate  .

For the Opp.Parties :                                Sri P.K.Daspattnaik, Advocate.   

 

                                                                                                     Date of order:  31 .10. 2019.

SHRI   PITABAS MOHANTY , PRESIDING MEMBER .

Deficiency in banking service is the grievance of the petitioner .

            The facts as stated by the petitioner in the complaint petition in short is  that the petitioner being an agriculturist in Similia   G.P in the Dist. of Jajpur had taken a KCC loan of Rs. 24,000/ on dt. 13.08.2011  from O.P.1 for khariff season  for 2011- 12   for agriculture purpose . The O.p.no.1 also debited the insurance premium to  insured the khariff   crops before the National Agricultural insurance which is compulsory  under  R.K.B.Y   scheme .The O.P.no.1 also received the flood damage compensation to the tune of 100 %  in his   loan amount .The petitioner inquired about his  crop damage compensation  from the  bank  official of O.p.no. 1  who advised him to wait as agriculture  insurance company is  denying to settle his claim. Therefore the petitioner served a pleader notice with the grievance  to settle his insurance claim but after receipt of the said notice the O.Ps  did not take any steps regarding  settlement of   the insurance claim . Accordingly  finding no other alternative the petitioner has knocked the door of this Fora to  direct the O.Ps  to pay Rs. 52,000/- the Insurance claim  along with  compensation, harassment  and litigation  expenses.

            The O.P no.1   appeared  through  their learned advocate and subsequently filed the written version .  But  after the date of admission of the present dispute on 20. 09 .17  , thereafter the petitioner neither appeared nor  taking any step  on the date which was fixed by this  Fora . Hence it is presumed , that  the petitioner has no interest   to proceed  with the dispute .  Subsequent  to the matter was posted on 28.10.19 for hearing of the main dispute . In the mean time on 17.10.19 the advocate for O.P.No.1 filed an   advance petition  containing with an affidavit wherein it is stated that :

1.That the complainant borrower has filed the CD case being deprived up to get the crop Insurance amount.

2.That during pendency  of this case the O.P  Bank has repaid the entire claim amount in the complaint borrower’s respective loan A/C and the complainant borrower have duly acknowledged the amount. The O.P Bank submitted the relevant papers before the Hon’ble court and those papers are in the case record.

3.That after receipt of claim amount the complainant need not have turned up to withdraw the C.C.Case. In the aforesaid circumstances necessary order be passed to disposed up the case for the  interest of justice .

Thereafter on  the same day this fora vide its  order  dt. 17.10.19    ordered  ;

“The record is put up on the strength of an advance petition filed by the O>ps. The O.ps also filed a petition along with an affidavit . Copy not served . Heard the petition. Accordingly the office is directed to send the copy of the petition, affidavit along with today’s order to the petitioner by R.P with A.D for filing objection and counter affidavit if any prior to 28.10.19 positively . Put up on the above date fixed for filing objection along with counter affidavit as well as hearing of the main case .

As the matter was fixed on 28.10.19  with an opportunity   to file   objection and counter affidavit  against the  affidavit filed from O.P.no.1.   In the affidavit   the O.P.no..1  has stated   that  he had already settled the claim of the petitioner  .On that day the petitioner  neither nor his representative  nor his advocate appeared before this  fora nor filed  any objection / counter affidavit  . Hence the matter again posted to  30.10.19 for  hearing as last chance .

On the date of hearing  the petitioner neither present nor filed the counter affidavit . Heard the learned counsel for the  O.P .

After perusal of the affidavit  there is no scope before this Fora to dis-believe the contention of the affidavit    as  there is  no objection / counter affidavit  filed  from the side of the petitioner against the affidavit  filed from the side of the O.P .

Accordingly the dispute is dismissed . No cost          

This order is pronounced in the open Forum on this the 31st   day of  October,2019. under my hand and seal of the Forum.