Orissa

Cuttak

CC/161/2014

Nityananda Bhol - Complainant(s)

Versus

Asst. General manager,State Bank of India - Opp.Party(s)

P K Biswal

20 Feb 2018

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.161/2014

Sri Nityananda Bhol,

President,Konark Silp;I Samabaya Samiti Ltd.,

Andarpur,Kalyani Nagar,Cuttack-13.                                                            … Complainant.

 

                Vrs.

 

 

1.         Assistant General Manager,

State Bank of India stress Assets

Recovery Branch, Cuttack.

 

2.         The Chief Manager,

State Bank of India,

Stress Assets Recovery Branch,

Code No.10027, Madhupatna,Cuttack.

 

3.        The Branch Manager,

State Bank of India, Cuttack Industrial Estate Branch,

Link Road, Cuttack-753010.… Opp. Parties.

 

Present:               Sri Dhruba Charan Barik,LL.B. President.

Sri Bichitra Nanda Tripathy, Member.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:   11.11.2014

Date of Order: 20.02.2018

 

For the complainant:                Sri P.K.Biswal,Adv. & Associates.

For the O.Ps.                :               Mr.S.K.Ghose,Adv. & Associates.

 

Sri Bichitra Nanda Tripathy,Member                                                     

The case of the complainant is against deficiency in service on the part of O.Ps.

1. Shortly the case is that the complainant was the President of Konark Silpi Samabaya Samiti Ltd. and availed a loan from O.P No.3 amounting to Rs.12,00,000/- on 15.06.2006 for development of the business of the said society which deals with handicrafts manufacturing and setting of stone carving, wood carving, paintings, Dhokra Casting etc.  The complainant was repaying the dues regularly till 2010 but failed to pay thereafter and loan amount mounted to Rs.15,57,253/- in the year 2011.  The O.P No.1 issued letter to the complainant for repayment of the said loan and the matter was given to O.P No.2 for recovery according to law. The complainant was unable to pay the dues since the amount was huge.  It was decided on 01.02.2011 under OTS Scheme to pay a sum of Rs.11,47,990.77p instead of Rs.15,57,257/- and also decided to allow a rebate of 15% in case paid within one month. But the Bank issued a legal notice on 08.11.2011 for payment of outstanding dues amounting to Rs.17,85,354.00.  The photographs of the building was also taken and the complainant was intimated to repay the loan failing which the building would put to auction.  The complainant paid a sum of Rs.6 lakhs to the O.P Bank on 23.03.2012 and 19.04.2012 by selling the vacant land of the show room building.  On 06.06.2012 the O.P Bank send a notice to the complainant to pay a further sum of Rs.11,47,990/- within one month.  The complainant paid Rs.9,91,833/- deducting 15% rebate as granted by the O.P Bank.  It may be noted that the OTS was decided by the O.P bank on 01.02.2011 for payment of Rs.11,47,990/-.  The complainant paid Rs.6 lakhs on 23.3.2012 and 19.04.2012.  Again the complainant paid Rs.9,91,833/- on 23.07.2012 deducting an amount of 15% as per letter of the O.P Bank.(Annexure-II).  Thus the O.P Bank has taken a sum of Rs.6 lakhs from the complainant illegally and in spite of several requests made by the complainant the said amount was not refunded.  After several requests the O.P Bank issued a clearance certificate on 20.11.2012 in spite of the fact that the amount in full was paid to the O.P Bank on 23.07.2012.  The complainant has taken shelter of this Hon’ble Forum.  He has prayed to direct the O.P Bank for refund of Rs.6,00,000/- with interest  @ 13.25% (calculated at Rs.2,53,000/- till filing of this case) till realization of such amount, to pay compensation towards mental agony amounting to Rs.2 lakhs and also Rs.2 lakhs towards loss of work.  Thus he has made a total claim of Rs.12,53,000/- against the O.Ps.
2. O.P.Bank vide their written version dt.11.02.2015 has stated that no OTS scheme was prevailing as on 01.02.2011. The complainant had taken a loan of Rs.12,00,000/- from O.P Bank and the same was classified as NPA as on 01.02.2011 as per RBI guidelines.   In spite of several requests made by the O.P Bank the complainant failed to repay the loan dues for which the O.Ps issued legal notice and also took other legal steps by putting the mortgaged property etc in to auction as per law.  The complainant had deposited a sum of Rs.6,00,000/- on two dates in shape of cheques towards repayment of his outstanding dues.  There was no OTS scheme prevailing during 01.02.2011 and such a scheme named and styled as “SBI-OTS-MSME-2012” was notified during 2012 and the complainant was intimated vide a letter dt.06.06.2012 to take benefit of such scheme since his loan account was NPA as on 01.02.2011.  The payment made by the complainant amounting to Rs.6 lakhs earlier was not towards payment under OTS scheme rather it was a normal repayment of his loan and was credited to his loan account.
3. We have gone through the case record in details and heard the advocates from both the sides at length.  We have also perused minutely the evidence affidavit filed by the complainant and as well as by the O.Ps.  We have observed that the complainant had availed a loan of Rs.12,00,000/- from O.P No.3 Bank on 15.06.2006 vide Loan Account No.30076877071.  The balance in the said loan account as on 01.02.2011 was Rs.15,57,253.00.(Account statement as submitted by the complainant and “notice send to eligible borrowers in respect of NPAs classified as doubtful or loss assets under SBI-OTS-MSME-2012” as submitted by the complainant ).  In the said OTS notice the terms of OTS were as follows:-

1. Amount outstanding on the date of NPA(01.02.2011) – Rs.15,57,253/-
2. Amount of OTS Rs.11,47,990.77p + other charges.
3. Application for OTS will be processed only on deposit of minimum 5% of the outstanding as on date of NPA.
4. 25% of OTS amount will have to be deposited upfront on receipt of OTS letter from the Bank.  This would include the mount deposited along with the application.
5. The balance amount can be paid within 12 months from date of sanction of OTS with interest @ the document rate (PLR-2%)/Base rate whichever is lower, failing which the OTS sanction will be rendered in fructuous.
6. However, no interest will be charged after the date of crystallization, if the entire OTS amount is paid within six months from the date of sanction.
7. You will be eligible for an incentive of 15% or 10% discount on the OTS amount on making payment of the entire OTS amount within one month or three months of approval of OTS respectively.

The last date of receipt of application – 31.07.2012.

(Copy of letter of O.P. Bank as submitted by the complainant)

Vide his letter dt.30.06.2012 the complainant has admitted that he had received letter No.SARB/Cuttack/No.03/364 dt.07.06.2012 from the O.P Bank and also received Notice dt.06.06.2012 (Annexure-II).The complainant has indicated that he has paid Rs.6,00,000/- earlier and agreed to pay the balance amount after 31.07.2012.This confirms that the complainant has paid Rs.6,00,000/-in shape of 2 cheques on 23.3.2012& on 19.04.2012 before the offer was made by the O.P Bank for one time settlement.From the accounts statement as submitted by the Bank, it is clear that a sum of Rs.3,00,000/- was credited to the loan account of the complainant on 28.03.2012 and again a sum of Rs.3,00,000/- was credited to the loan account of the complainant on 27.04.2017.Thus a sum of Rs.6,00,000/- as paid by the complainant is already credited to the loan account of the complainant and the same was paid prior tothe applicability of OTS scheme which was declared by the O.P Bank on 06.06.2012.The balance as on 01.02.2011 was Rs.15,57,253/- and the account was NPA.The borrower repaid the dues on 23.07.2012 i.e. after about one and half years from 01.02.2011.The quantum of interest as applicable for this period is not taken into account by the borrower.The OTS amount was spelt out by the O.P Bank at Rs.11,47,990.77p + other charges.Since the complainant paid such dues at a time on 23.07.2012 i.e. within a period of one month of the offer letter of O.P Bank and the O.P Bank has also allowed him incentive on total settlement amount.

Balance payableRs.11,47,990.77p + other charges.

Less 15% discount (-) Rs.   1,72,198.61

Amount payableRs.9,75,792.16p + other charges.

Bank has accepted a sum of Rs.9,91,833/- including other charges and the said account was closed on 23.07.2012.Such an amount was also accepted to the complainant since he has repaid such amount on 23.07.2012.The O.P Bank has also issued required certificate to the complainant on 04.08.2012 regarding closure of such loan account.

Basing on the facts and circumstances as stated above, we have observed that the complainant has failed to prove the deficiency in service on the part of O.Ps.

                                                                               

                                                                                ORDER

Hence the case be and is dismissed on contest.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 20^th day of February,2018  under the seal and signature of this Forum.

              (Sri B.N.Tripathy )

                                                                                                                       Member.

 

                                                                                                                                               

                                                                                                                (  Sri D.C.Barik )

                                                                                                                          President.

 

 

                                                                                                                 (Smt. Sarmistha Nath) 

                                                                                                                Member(W).