Orissa

Jajapur

CC/23/2016

Gouranga Behuria - Complainant(s)

Versus

B.M Uco Bank Ltd. - Opp.Party(s)

Sri Alok Kumar Pani

26 Apr 2017

ORDER

                IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                        Present:      1.Shri Jiban ballav Das , President

                                                                            2.Sri Pitabas Mohanty, Member,

                                                                            3.Miss Smita Ray, Lady Member.

                                              Dated the 26th day of April,2017.

                                                      C.C.Case No.23 of 2016

Gouranga Behuria  S/O Nabaghan Behuria

Vill. Baidyarajpur, P.S/ Dist.-Jajpur.                                                                            …… ……....Complainant .                                                                       .

                   (Versus)

1.B.M.UCO Bank Ltd, At. Abdalpur,P.O.Baidyarajpur

Dist.  Jajpur.C/O Nihar Kumar PattnaIK,Former Branch Manager

UCO Bank Ltd,Abdalpur Branch,At.Abdalpur,P.O.Baidyarajpur,

Dist.Jajpur

2. P.R.Das,Present Branch Manager,UCO Bank, Abdalpur Branch

 At.Abdalpur,P.O.Baidyarajpur, P.S/Dist. Jajpur .

                                                                                                                          ……………..Opp.Parties.                  

For the Complainant:                           Sri A.Ku.Pani, Advocate.

For the Opp.Parties :                             Sri A.Ku.Pahil,Advocate.

                                                                                                     Date of order:   26.04.2017.

SHRI  JIBAN BALLAV DAS,PRESIDENT .

The petitioner has filed the present dispute alleging deficiency in  banking  service on the part of the O.Ps.

            The facts relevant in the present dispute  in short are that the petitioner due to his financial stringency availed a loan of Rs.2,00,000/- from the bank of O.P.no.1 . Accordingly  after sanctioning the  loan the O.P.no.1 disbursed Rs.1,80,000/- and as per verbal clarification the O.P.No 1 kept Rs.20,000/- as security money. And as per assurance the said money will be returned by O.P.No.1 soon after  the petitioner repaid  the total loan amount including interest.

            That in due course of time the petitioner though repaid the entire loan amount of Rs.2 lakhs along with interest and asked the O.p1 to refund the security money amounting to Rs.20,000/- but it is a matter of great regret that the O.P.no.1 without returning the security money misbehaved  with  the petitioner for which the petitioner filed I.C.C case before  the SDJM, Jajpur for redressal of his grievance and as per direction of SDJM the investigating officer investigated the matter after taking evidence from 6 witness including the petitioner and subsequently  advised the petitioner to take shelter  in the proper forum.

            That as per the order of the Hon’ble SDJM, Jajpur the investigating officer come to conclusion that the amount of Rs.20,000/- has been kept in LIC office, Jajpur under ( ULIP) policy without keeping the same as security money in the O.P bank .The Sr. Divisional Manager, L.I.C of India ,Cuttack vide letter  05.10.15 intimated the petitioner that the amount of Rs.20,000/ deposited  by the UCO Bank, Abdalpur branch in the name of Gouranga Beuria for the purpose of ULIP policy . That as against such deposit it is stated by the petitioner that the amount of Rs.20,000/ which has been deposited by the O.P in the LIC office, is not known  to him as well as by which authority without the consent of the petitioner and  at the time having  financial strengcy, the petitioner is availing loan from the bank of the O.P,  such action of the O.Ps amounts to gross deficiency in service. Accordingly the petitioner has filed the present dispute to direct the O.Ps to pay the fixed deposit matured amount of Rs.20,000/ from the year 2006 as well as also pay compensation of Rs.20,000/-.

            The O.P after appearance filed their written version denying the allegation of the petitioner . In the written version the O.Ps have taken the following pleas:

That the case as initiated at the instance of the petitioner is not maintainable . It is not correct to say that the security money of Rs.20,000/- as averred in the petition was not kept as security for grant of loan. The petitioner being satisfied has deposited the said amount before the LIC of India for which he got the receipt of payment of money from LIC of India, Jajpur branch .The B.M, UCO bank Abdalpur had only performed the duty as banker.                               

            It is false to say that the petitioner asked the O.p1 to return the security money of Rs.20,000/ The O.P without returning the security money has misbehaved with the petitioner .It is admitted the petitioner has filed the IIC No.495/2013 which is subsequently as per provision of law Regd. As GR case No. 6/2014 is also admitted after investigation the investigating  officer directed  the petitioner to take recourse before proper forum.

            It is not to correct to say that the letter of Divisional Manager ,L.I.C of India, Cuttak is nothing but include the loan amount. It is not known on which authority without the consent of the petitioner , the O.Ps  have deposited the aforesaid amount under ULIP policy at the relevant time during the  financial strengcy of the petitioner .

            That as per admission of the petitioner and the said Rs.20,000/ has been  deposited in the name of the petitioner before L.I.C of India under  ULIP policy so the LIC of India is a necessary party to the proceeding .In absence of LIC of India the proceeding is not maintainable .That Branch Manager, UCO  Bank is not made a party to the proceeding . The present O.P are no more Branch Manager of UCO Bank is not made party to the proceeding .  The O.P are not necessary parties to the proceeding. Further more the petitioner has not intimated to the Zonal Head or National Head  of UCO Bank  for  his grievance against the Branch Manager of UCO Bank ,Abdalpur. Lastly the petitioner being well aware about of his investment of money of Rs.20,000/- under ULIP scheme of L.I.C India has deposited through UCO Bank, Abdalpur Branch. The UCO Bank Abdalpur has done his duty to disburse the amount from the Account of the petitioner . Thereafter the Brach Manager time again reported to the petitioner as and when required for the petitioner . In absence of authority of UCO Bank the proceeding against the O.P is not maintainable.

            The O.P no.1 has been retired from his service. O.P.no.2 is serving at Zonal Office, Bhubaneswar. The petitioner, being ill advised filed  this proceeding against the O.P out of his own

grudge. The O.P have not done any thing in their personal capacity as alleged by the petitioner, so this proceeding is liable to be dismissed.

            On the date of hearing we heard the argument from the learned advocate of both the parties.

            After perusal of the records along with documents in details we are inclined to dispose of the dispute ass per our observation stated below:

1.It is undisputed fact that the petitioner availed a loan of Rs.2,00,000/- from the O.Ps and the petitioner has already paid the entire loan amount along with interest.

2.The dispute arises regarding the security money of Rs.20,000/ which has been debited by the O.P/ bank authority at the time of disbursement of loan amount and the same has been kept as security purpose with the bank , and the petitioner asked the O.P after closing the loan account for returning the security money .  The O.Ps did not take any step to return the  security money though the entire loan amount with interest has already been paid. The O.P took  the plea that the security money Rs.20,000/ has been  kept in L.I.C Office,  Jajpur under ULIP plan without keeping the same in the O.P bank .

The next point of consideration that who is the authorize person to keep the said money under ULIP plan in the L.I.C . The O.Ps have taken the stand in the Written version  that the petitioner has deposited the alleged amount in the ULIP plan in L.I.C .On the other hand the letter dt.05/10/15 of the Sr.Divisonal Manager  of L.I.C of India Cuttack Branch indicated that the alleged amount has been deposited by  the UCO Bank Abdalpur Brach . In the circumstances the petitioner claim that he suffered heavy financial loss due to such illegal investment by the O.Ps. without his consent. After perusal of the entire record  we have not come across with  any single scrap of paper regarding the petitioner’s  consent for the said investment or any terms and  condition  regarding investment  of said security money. In view of the above observation from our side it is cristal clear that the O.Ps committed gross negligence for  investing the said security money in ULIP plan of LIC of India which amount to gross deficiency in service on the part of the O.Ps.

Hence this Order:

            The O.Ps are directed the pay compensation of Rs.10,000/-(ten thousand ) to the petitioner within one month after receipt of this order. The O.Ps are also advised to take steps for supply of original policy bond  of Rs.20,000/- to the petitioner .No cost.              

This order is pronounced in the open Forum on this the 26th day of April,2017. under my hand and seal of the Forum.