Orissa

Sambalpur

CC/32/2017

Susanta Kumar Biswal - Complainant(s)

Versus

B.M. of Vijaya Bank - Opp.Party(s)

Sri G.A.G , S.S. Panda & S. K. Pattanaik

23 Aug 2022

ORDER

            PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Case No- 32/2017

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Susanta Kumar Biswal,

S/O-Late Binod Biswal

R/O-Baradungri, Po-Parmanpur, Ps-Sason,

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

 

Vrs.

Branch Manager,

Vijaya Bank, Sambalpur,

At-V.S.S Marg, Ps-Sason,

Dist-Sambalpur.                                                            . ………..Opp. Party

Counsels:-

1. For the Complainant                   :-Sri. G.A Guru, Advocate & Associates
2. For the O.P.                                  :- Sri. B.B.Meher & Associates

 

DATE OF HEARING :XXXXXXX, DATE OF JUDGEMENT : 23.08.2022

           Presented by Dr. Ramakanta Satapathy, PRESIDENT,

1. The case of the Complainant is that the Complainant availed loan from O.P. Bank from time to time. In 2002 a tractor loan, in 2011 a power tiller loan, personal loan, car loan etc. and repaid timely with interest. The Complainant availed a harvester loan bearing A/C No. 740607351000012, in September, 2013. Installment fixed for every six months Rs. 1,30,000/- for a period of 5 years i.e. up to 2019. The Complainant is paying installment and interest-timely.

The Complainant has another crop loan bearing A/C No. 740608651000052 and paying interest timely. The loan was to be renewed in Feb. 2017, accordingly approached the manager of the O.P. The O.P. asked to deposit Rs. 25,000/- in the crop loan account for renewal and guarantor’s renewal paper. On 08.03.2017 the amount was deposited along with other papers. After payment also the crop loan was not renewed nor intimation of non renewal made.

On 27.03.2017 the Complainant received a demand notice of Rs.8,74,051.60P. After receiving notice the Complainant served an advocate notice. For the harassing attitude the Complainant lodged a F.I.R. in Sason Police Station. The Complainant for his repayment awarded with trophy for best customer award-2014, availing subsidy also.

2. The O.P. has not submitted any version nor any documents and ultimately set ex-parte.
3. From the documents filed by the Complainant it reveals that as on 31.03.2017 an amount of Rs. 6,15,984.60P is lying outstanding against him against A/C No. 740608651000052. As on 31.03.2017 an amount of Rs. 2,82,073.00 was lying outstanding against the Complainant although he availed loan of Rs. 1,50,000/- as on 28.07.2017 and Rs. 1,50,000/- on 06.08.2014.

As it reveals from pleading, due to misunderstanding between the parties present complaint arose. Loan can not be demanded as a right by the Complainant. In the other hand the Bank issued demand notice dated 17.03.2017 for collection of the outstanding amount. There is no any proof of harassment by the O.P. Rather the Complainant filed a F.I.R. with false allegations. No doubt the Complainant is an esteemed valued customer of the O.P. From the action of the O.P. I do not find any deficiency in service and accordingly the complaint is dismissed with an observation that before taking any coercive action the parties should rely on the ground situation & documentary evidence in hand and come to the Commission in clean hand.

Order pronounced in open court on this 23^rd day of August 2022.

          Supply free copies to the parties.