Sunil Prasad S/O-Jhagadu Prasad filed a consumer case on 03 Sep 2018 against Branch Manager Indusund Bank . in the Jharsuguda Consumer Court. The case no is CC/69/2017 and the judgment uploaded on 12 Sep 2018.
CONSUMER COMPLAINT CASE NO.69 OF 2017
Sunil Prasad,
S/O- Jhagadu Prasad, Occu: Business,
RO: O.P.M Colony, PO/PS: Brajrajnagar,
Dist: Jharsuguda, Odisha…………………………….…….…………Complainant.
Versus
Branch Manager,
Indusuind Bank, 3rd Floor, Platinum Chamber,
Infront of LIC Building,Budharaja,
Dist: Sambalpur, Odisha…………………..…....…….…..…….…………...Opp. Party
Counsel for the Parties:-
For the Complainant K.K.Mishra, Adv. & Associates.
For the Opp. Party A.K.Sahoo, Adv. & Associates.
Date of Order: 03.09.2018
Present
1. Shri Sundar Lal Behera, President.
2. Shri Santosh Kumar Ojha, Member.
3. Smt. Anamika Nanda, Member(W).
Smt.Anamika Nanda, Member(W): - Brief fact of the case is that, the complainant has availed loan of Rs.23,00,000/- only from the O.P on execution of loan agreement to be repaid in monthly installments against his vehicle NO. OD 23A-1501. On dtd.29.06.2017 the O.P threatened to seize the vehicle and demanded Rs.1,90,000/- only without supplying any agreement or statement of accounts. The complainant alleges deficiency in service on the part of O.Ps who threatening to the seize the vehicle.
On the other hand the O.P had reputing the allegations made in the complaint petition and submit that the statement of account are being prepared time to time basing on the amount due, amount paid as well as the amount to be charged under DPC as per term and condition of the agreement executed by the complainant as loanee. According to the O.P the complainant is liable to pay a some of Rs. 1,58,924/- only till the date of written version as the same has been shows as outstanding arrear amount in the loan account of the complainant. Hence it denied to have rendered any deficient service by demanding the arrear amount to the complainant. On perusal of complaint petition, written version including available documentary evidence on record and after hearing it reveals that the dispute in between the complainant and O.P mainly rests on the dispute relating to account made in the statement of account furnished by the O.Ps. settled law is that the Forum cannot adjudicated any dispute relating account matter. To resolve the dispute in account matter the proper course is to approach to the civil court as has got the power to result such dispute.
Therefore, we dismiss the complaint and the complainant is at liberty to raise his grievance before the civil court for proper adjudication, if he wishes. Accordingly, the complaint petition is dismissed.
Accordingly the present complaint case is disposed of.
Order pronounced in the open court today the 3rd day of September’ 2018.Free copy of this order shall be supplied to the parties as per rule.
I Agree I Agree.
S.K.Ojha, Member S. L. Behera, President A.Nanda, Member(W)
Dictated and corrected by me
A.Nanda, Member(W)
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