Orissa

Jharsuguda

CC/144/2017

Bhubaneswar Chhatria S/O- Late Abhiram Chhatria - Complainant(s)

Versus

Branch Manager SBI, Brajrajnagar Branch - Opp.Party(s)

Dakeswar Panday

05 Apr 2023

ORDER

`DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, JHARSUGUDA

                                                           ****************

                                         CONSUMER CASE NO.144/2017

Bhubaneswar Chhatria age 45 Years,

S/o-Late Abhiram Chhatria,

R/o-Bandipahar, Lakhanpur,Ps- Lakhanpur,

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

 

           Versus

Branch Manager,

State Bank of India, Brajrajnagar Branch,

At/Po/Ps- Brajrajnagar,

Dist.-Jharsuguda, Odisha..…………………….…………Opp. Party

 

Counsel for the Parties:-

For the Complainant                 Sri D.S.Pandey,Adv. & Associates.

For the Opp. Party                    Sri B.K.Agrawal.Adv. & Associates.

 

Present:-     1. Smt. Jigeesha Mishra, President.

                     2. Smt. Anju Agarwal, Member.

 

Date of hearing- 23.03.2023                           Date of order- 05.04.2023

 

Presented by, Smt. Anju Agarwal, Member : -

1. The case of the complainant is that the op has been dealing with tractor loan to the complainant vide Tractor Loan Account No. 1126496080 and the wife of the complainant namely Surabhi Chhatria stood as surety towards the tractor loan and there is frequent recovery of loan outstanding from SBI Account No. 34708045232 . That , the complainant had repay the instalment amount towards the tractor loan regularly till 12.11.2018 which comes to a total of Rs.1,27,000( Rupees one lakh twenty seven thousand) Rupees only. The complainant has deposited Kishan Vikas Patra amounting to Rs. 2,27,000( Two lakh twenty seven thousand) only given as security which has been adjusted by the op without the knowledge and consent of the complainant . That , on dt 14.07.2017 the op has taken a sum of Rs . 90,000 ( Rupees Ninety thousand ) only deposited in the Account No. 11264960810 . That the op prefer to held a sum of Rs. 45,000( Rupees Forty Five Thousand) only from the savings account of guarantor , wife of the complainant without informing her. The sanctioned tractor bearing  Regd. No. OR -23A-6265  has been seized  on dt 26.05.2013. Further the op sent notice to the complainant on dt 06.07.2017 to pay a sum of Rs.2,08,801.32( Rupees Two Lakh eight thousand eight hundred one and paise thirty two ) only without considering the entire payment . Further the op has auction the seized tractor . So, being aggrieved the complainant filed this complaint before this commission.

2. The case of the opposite party is that the opposite party file its version and submitted that the complainant has availed the loan vide Account. No.11264960810  and the complainant has paid Rs.1,27,000( Rupees one lakh twenty seven thousand) only towards loan installments. The complainant was duly informed concerning the encasing of the pledged KVPs  vide letter no 12.11.2011. Thereafter, the complainant did not pay any amount in the said loan account and hence the aforesaid loan account was classified as NPA on 16.05.2013 .Demand notices were served on dated 25.06.2010, 07.10.2010,11.05.2012,01.08.2012, and 11.02.2013 .In spite of receiving notice the complainant did not care to regularize the loan account  . For the Said Reason the hypothecated tractor bearing Regd.No. OR -23A-6265  was seized on 26.05.2013 . The op has persuaded the complainant for settlement under OTS and the complainant has agreed to settle the loan account. That the recovery of  Rs. 45,000( Rupees Forty Five Thousand) only on dt 7/7/2017 is duly reflected in the statement of accounts of savings a/c no 3478045232 , neither the complainant nor the guarantor have ever objected to this. That the said tractor has not been auctioned and there is no deficiency of service on the part of the op and hence the complaint petition is to be dismissed.

3. Perused the documents filed by the parties and it reveals that the complainant has deposited Kishan Vikas Patra amounting to Rs. 2,27,000( Two lakh twenty seven thousand) only given as security which has been adjusted by the op with the knowledge of the complainant . On dt. 12.11.2021 the op has intimated to the complainant regarding the encashment of KVPS, the bank has communicated to the op for the payment of loans , So in this case the bank has done its duty with due procedure. Another plea taken by the complainant regarding the seizure of the tractor , the op/bank has stated that the seized truck has not been auctioned. The learned counsel for the complainant has filed a no instruction memo . Hence , the case is dismissed.  Accordingly, it is ordered.

                                                     ORDER

The case is dismissed against the op. No cost to the complainant.

The parties are at liberty to file before appropriate court of law.

Order pronounced in open court on 5^th April, 2023. Supply free copies to the parties.

   I Agree         

            J. Mishra, President.                                A. Agrawal, Member                             

                                 Dictated and corrected by me

 

1. Agrawal, Member