DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

                           CONSUMER COMPLAINT CASE NO. 05 OF 2017

Jogeswar Pandey (57 Years),

S/O: Chudamani Pandey,

R/O: Jharsuguda Town Unit No. 05,

PS/ Dist- Jharsuguda, Odisha………………………………………..Complainant.

                                           Versus 

Branch Manager,

State Bank of India, Main Branch, Jharsuguda,

At/PO/PS/Dist: Jharsuguda, Odisha……………….…..................... Opp. Party.

Counsel for the Parties:-

For the Complainant                               Sri L.A.K. Saideo Adv. & Associates.

For the Opp. Party No.                          Sri K.C. Agrawal, Adv. & Associates.

Date of Order: 13.10.2017

Present  

                                                                             1. Shri S.L. Behera, President.

                                                                             2. Shri S.K. Ojha, Member.

                                                                             3. Smt. A. Nada, Member (W).

Shri S.L. Behera, President: - The Consumer Complaint in brief is that, the complainant alongwith his father have availed housing loan from the O.P amounting Rs.3,00,000/- only @ 10.25% p.a on dtd. 25.09.2004. The complainant alongwith his father were paying the EMIs regularly and cleared all the dues and got the clearance certificate after closed the loan account on dtd. 05.02.2015. After closing the loan account the O.P has imposed penalty of Rs.47,441/- only on the complainant in the month of October 2016 which is alleged to be deficiency in service, hence this case.

The O.P appeared through his counsel after being notices and filed written version and submitted that, the complainant was not paying EMIs regularly as such the said loan was classified as Non-Performing Asset on 20.09.2011. The O.P thereafter had issued and published notice U/S. 13(2) and 13(4) of the SARFAESI Act 2002 for taking possession of the house property. The complainant has repaid the loan outstanding dues and closed the loan account on 04.02.2015. The O.P has never imposed penalty of Rs.47,441/- only during October 2016 as alleged by the complainant and prayed for dismissal of case.

            Heard from the parties, perused the documents available on record. The complainant had availed housing loan of Rs. 3,00,000/- only the during the year 2004 bearing loan account no. 11347061253.  Both the parties have filed their supporting documents. The complainant has filed an evidence affidavit along with original Saving Pass Book. The O.P has filed the loan statement of account. The said loan account has already closed on dtd. 05.02.2015. The complainant has alleged that the O.P has deducted Rs.47,441/- only on dtd. 04.02.2015 i.e Rs. 14,600/- only for Seizure Charges and Rs. 32,841/- only for Extra interes for 10 years, but the Statement of Accounts and the Pass Book shows that on dtd. 04.02.2015 the O.P has deducted Rs.1,48,077/- only towards closure of loan account and Rs.14,600/- only towards SARFAISI charges but nowhere it mentioned Rs. 32,841/- only and with that there is no such deduction of penalty from the account of complainant in the month of October 2016 as alleged by the complainant.

On the abovementioned observations and analysis there is no any merit found on the part of complaint petition hence the complaint case is hereby dismissed with not costs.

Accordingly the case is disposed of.

Order pronounced in the open court today the 13^th day of October’ 2017 and copy of this order shall be supplied to the parties as per rule. 

          I Agree.                                       I Agree.                                                                                           

1. Nanda, Member( W)               S.K.Ojha, Member              S. L. Behera, President                 

Dictated and corrected by me

      S. L. Behera, President.