Brief fact of this case is that, the petitioner has availed a cash credit loan of Rs.9.00 lakhs from Op No.1 for running small business for his livelihood. The petitioner was unable to repay the loan along-with the interest within the stipulated time due to failure of business. The petitioner has deposited a sum of Rs.12,15,000/- in five installments as there was a discussion with Op No.1  for one time  settlement. Now the Ops are demanding Rs.9,12,936/- more from the petitioner or else the Ops will auction theproperty of the petitioner. The petitioner is now interested to close the loan account by depositing further Rs.2,50,000/- as the petitioner has deposited Rs.12,15,000/- earlier thereby not to evict the petitioner from his residential house. The petitioner has deposited Rs.50,000/- for his compromise in term of compromise between the Petitioner and OP No.1. but the OP No.1 failed to do the needful and demanding more. In view of the above, the petitioner is suffering mental agony and always in fear as the OPs are in a mood to auction the homestead property of the petitioner. The petitioner prayed beforethis Commission for a direction to OP No.1 to issue NOC to the petitioner by accepting a sum of Rs.2,50,000/- and also the Ops may be directed not to evict the petitioner from Plot No.1474 under Khata No.235 of Mouza Belabahali by force alongwith Rs.50,000/- for mental agony and harassment.

To prove this case the complainant relied on the following documents.

1. E-Auction Sale Notice  Dt.31.10.2023                     
2. Sanction letter Dt.11.12.2020..                    
3. Deposit Slip Dt.16.08.22 & 10.2.23.                        
4. Letter Dt.17.01.23.                                     
5. Statement of Loan Account of Petitioner.                 
6. Net R.O.R. of Khata No.235 of Mouza-Belabahali.   
7. Possession Notice Dt.03.09.2021.                                      

Under the above complain the case was admitted and notice issued to file written version. The Ops appeared and filed their written version. That the above noted case is not maintainable and the Complainant/Petitioner has no locus-standi to file this case  against the Ops.This  Commission has got no jurisdiction to entertain the complaint of the Complainant in presence of Sec. 34 of SARFAESI Act, 2002.Debts Recovery Tribunal or Appellate Tribunal is empowered  under this Act to determine and no injunction shall be granted by any Court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act or under the recovery of Debt due to Banks or Financial Institutions Act,1993.Due to non-payment of loan dues by the petitioner as per loan terms, the loan account went to NPA and the Bank followed the procedure of law for recovery of loan outstanding with accrued interest thereon. The petitioner cunningly filed this case in this Hon’ble Forum suppressing the directions of the Hon’ble High Court of Orissa. The petitioner had filed a Writ Petition vide WP(C) No.3383/2023 on 03.02.2023 before the Hon’ble High court of Orissa and the Court was pleased to pass Order No.1 & 2 to repay the outstanding debt within 09.02.23. Further, considering the grievances of the petitioner the Hon’ble High Court having been pleased and allowed the petitioner till 31.08.2023 to deposit the balance amount of Rs.9.20 lakhs failing which it will be open to the Ops to proceed in accordance with law. The petitioner has deliberately not detailed the factual and actual facts in his complaint petition and violating the Order of the Hob’ble High Court of Orissa is not tenable and deserves to be dismissed. The Ops are following the procedure of law to recover the loan dues and Bank has not done any illegality and never put the petitioner in to mental agony or fear nor did they show their mood to evict the petitioner from his mortgaged property. So, the present petition & IA petition filed by the Complainant in this Forum against the OP-Bank deserve to be dismissed/dropped in presence of the Order of the Hon’ble High Court and SARFAESI Act,2002. The Ops has not done any deficiency of service, on the other hand the complainant has committed illegality in violating the Order of the Hon’ble High Court of Orissa. So, the in the above situation the present complaint petition and interim application filed by the Complainant deserves to be dismissed. This Commission has no jurisdiction to try the case under SARFAESI Act,2002.

The Op-Bank relies upon the following documents:

1. Letter of Authorization of Op.No.2..1page.
2. E-Generated Order dt.09.02.2023 passed by the Hon’ble High Court Orissa in WP© No.3383/2023..2pages.
3. E-Generated Order dt.06.03.2023 passed by the Hon’ble High Court Orissa in WP© No.3383/2023..1page.
4. E-Generated Order dt.04.08.2023 passed by the Hon’ble High Court Orissa in IA No.10662/2023arising out of WP© No.3383/2023….2pages.

On the above pleadings the following issues are framed to decide the case.

1. Whether the case is maintainable?
2. Whether any cause of action arises on this case?
3. Whether Ops have made any deficiency of service?
4. Whether the complainant is entitled to get any relief sought for?

                                                            FINDINGS:

All the issues are interrelated to each other. So, it has been decided jointly. It is a fact that, the complainant has availed a Cash Credit loan of Rs.9.00 lakhs from UCO,Bank, Keonjhar. Due to non-payment of loan dues the Petitioner’s loan account became NPA. The complainant has suppressed the Writ Petition No.3383/2023 of Hon’ble High Court of Orissa. and also, one IA No.10662/2023 arising out of WP(C) No.3383/2023. As per the procedure of Bank they demanded the outstanding dues and also on default they followed procedure for auction of the homestead land. So far as the SARFAESI Act, 2002 concerned this Consumer Commission has no jurisdiction to interfere in this case. There is separate Tribunal to decide the case under this Act. So this Commission did not find any negligence or deficiency committed by OP-Bank. So, this case is not maintainable in the present situation. No cause of action arises to prove this case. The Complainant is not entitled to get any relief.  Hence Order.                                                        

ORDER

The complaint petition filed by the Complainant along with interim application being devoid of merits is dismissed without any cost.