DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 49 OF 2017

Jagabandhu Pandey,

S/O- Late Sobhakar Pandey,

RO: Kurla, PO: Mangaspur,PS: Bhasma,

Dist: Sundargarh, Odisha…………………………....…………………Complainant.

Versus

Branch Manager,

State Bank of India, Main Branch,

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

Counsel for the Parties:-

For the Complainant                                   Sri C. Pradhan, Adv. & Associates.                     

For the Opp. Party                                   Sri K.C. Agrawal, Adv. & Associates.

Date of Order: 28.08.2017

Present

                                             1. Shri S.L.Behera, President.

                                             2. Shri S.K. Ojha, Member.

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

Shri S.L. Behera, President :-   The brief facts of the complaint case is that, the complainant is a senior citizen and a retired person since,2009 and monthly pension amount are regularly deposited in the saving account with the O.P.  The O.P without having any reason hold the pension of complainant for which the complainant is unable to get withdrawal of any amount, hence this case.

            The O.P appeared after being noticed and submitted that the complainant along with his son Sanjay Kumar Pandey have availed agricultural term loan of Rs.4,66,000/- only in the year-2007 for purchase of a new tractor on hypothecation agreement dtd. 28.08.2007 and created equitable mortgage over their landed property in favour of the bank as security for loan.  The complainant along with the co-borrower and guarantors have failed to pay the installments , hence the O.P/Bank has filed suit bearing CS(BKG) No.18 of 2014 in the court of Hon’ble Civil Judge(SD), Jharsuguda for recovery of Rs.6,89,544/- only which is pending. The O.P has exercised its right of lien and set off against the balance lying in the Saving bank Account of complainant and deducted Rs.1,80,000/- only on dtd. 11.11.2016 and credited in the loan account and prayed for dismissal of the present case.

Heard from the parties and perused the materials available on record. The O.P has filed various documentary evidence in support of his case.  The complainant along with his son has availed agricultural loan from the O.P but they have failed to pay the dues in time as such the O.P has filed a civil suit bearing no. 18 of 2014 before the court of Civil Judge(SD) , Jharsuguda which is still pending.  The O.P has applied its rights of lien and debited Rs.1,80,000/- from the saving account of complainant and adjusted in their loan account.

            On the above mentioned facts and circumstances, we do not found any merit on the part of complainant.  Hence the present complaint is hereby dismiss with no costs.      

Accordingly the case is disposed of.

Order pronounced in the open court today the 28^th day of August’ 2017. Free copy of this order be communicated to the concerned 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