Orissa

Jajapur

CC/26/2017

Bibekananda Nayak - Complainant(s)

Versus

Branch Manager Allahabad Bank,Mangalpur. - Opp.Party(s)

02 Aug 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 2nd day of August,2017.

                                                      C.C.Case No.26 of 2017

Bibekananda Nayak  S/O Late Nabin ch.Nayak

Vill/P.O. Dubakan, P.S.Mangalpur

 Dist.-Jajpur.                                                                            …… ……....Complainant .                                                                       .

                   (Versus)

1.Branch Manager, Allahabad Bank,Managlpur, ,AT/P.O. Mangalpur, Dist. Jajpur.

2.G.M.Allahabad Bank, Zonal office ,I.R.C Village,Civic Center ,Bhubaneswar,Nayapalli .

                                                                                                                            ……………..Opp.Parties.                  

For the Complainant:                           Self.

For the Opp.Parties :                            None.

                                                                                                     Date of order:   02.08.2017.

MISS  SMITA  RAY, LADY MEMBER  .

             The petitioner has filed the present dispute alleging unfair trade practice on the part of the O.Ps.

            The brief facts  of the case is that the petitioner is a S.B A/C holder of O.P.1 (Allahbad Bank, Mangalpur branch ) . The petitioner also a loanee of KCC loan  of the said bank and he repaid  the KCC loan regularly . Petitioner also has  stated that he had availed a GCC loan which has been  closed i.e 23.03.17 under OTS scheme .So the petitioner is a bonafide consumer under the O.Ps.

            It is alleged by the  petitioner that  all on a sudden the O.P.1 without prior  information to him debited Rs.1200/ from his S.B account  to which the petitioner came to know from the   Mobile by message on 28.03.17 .Thereafter he asked the branch manager( O.P.no.1) who  replied that the said amount  has been debited as per guide line of R.B.I . The petitioner also has mentioned that he credited  the said amount on S.B Account for his monthly EMI of motor cycle (Hero motor ,Jajpur Town). Hence he could not be able to pay the EMI in time for which liable to pay penalty to the  Financier of the motor cycle / Hero Motros ,Jajpur Town .This attitude of the O,P mentally  has socked  the petitioner.

            Accordingly the petitioner has filed the present dispute with the prayer direct the O.P to pay compensation of Rs.5,000/ to him.

            After receipt of the notices the OPs. neither appeared nor filed any W/V after several opportunity  by this Fora. Hence he has been set exparte vide order dt  . 07.07.17.

            On the date of hearing we heard the argument  of the petitioner .After perusal of  the record along with Annexed documents filed from side of the petitioner we come to the conclusion as follows;

            1It is cristal clear that the petitioner is a S.B account holder of O.P.no.1 bearing A/C No.220413605 .

2.It is also a fact that the O.P.no.1 has  debited Rs.1200/on dt.28.03.17 from the said account . According  to petitioner he is paying  the KCC loan amount from  time to time in the KCC loan Account  .On the other hand the O.Ps neither appeared nor contested the dispute .In this  circumstances it is our considered view  that if there is any default  in repaying the KCC loan, the O.P.no.1 should have informed   the petitioner prior to debiting the said amount from  S.B account of the petitioner .Further due to non filing of written version we  accept the uncontroverted  statement of the   petitioner made in the complaint petition as per observation of the Hon’ble State Commission, Odisha reported in 2003-Vol-96p,15 C.D. Case No.37/02 wherein it is held that :

            In absence of the W/V by the O.P this Forum is bound to accept the uncontroverted statement  of the complaint petition  .

And

2013 (1) CPR-507.NC wherein it s is that

            In  case W.V not filed after  several opportunity it has no defence on merit.

Hence this order

            The dispute is allowed against the O.Ps exparte. The O.ps are directed to pay compensation of Rs.2,000/-( two thousand )  only to the petitioner within one month after receipt of this order ,failing which the petitioner is at liberty to recover the same through due  process of law .

                        This order is pronounced in the open Forum on this the 2nd day of July,2017. under my hand and seal of the Forum.