District Consumer Disputes Redressal Commission, Bokaro

Date of Filing-01-09-2017

Date of final hearing-02-05-2023

 Date of Order-02-05-2023

Case No. 132/2017

Lalita Sahu W/o Shree Navin Kumar Sahu

R/o Bihar Colony, Behind Shitla Mandir, P.O.& P.S.- Chas, Distt.- Bokaro.

                                      Vrs.

1. Branch Manager, State Bank of India, Main Branch, City Centre, B.S.City, Bokaro (Jharkhand) 827004
2. Assistant General Manager, SBI RASMECC STATE BANK of India, Sector-4, Bokaro Steel City, Bokaro (Jharkhand)

Present:-

                             Shri Jai Prakash Narayan Pandey, President

Shri Bhawani Prasad Lal Das, Sr.Member

                  Smt. Baby Kumari, Member

PER- J.P.N Pandey, President

-:Order:-

1. None turned up on behalf of complainant on repeated call. On the other hand Ld. Counsel for the O.P. is present and he argued the case.  It reveals from the record that this case is pending at the stage of argument in which complainant is absent since long, therefore, in the given facts as per provision of Section 38 (3) (c) Consumer Protection Act. 2019 case has been taken up for decision on merit on the basis of materials available on record.
2. Complainant’s case in brief is that she purchased a Tanker after obtaining loan from SBI through A/c No. 33077955684 in which several irregularities have been committed and in spite of repeated requests it has not been rectified. Further case is that as per bank statement, interest has been fixed @ 12.35% but it is being calculated at different rates. Monthly installments has been fixed Rs. 42,500/- which was required to be fixed in between 39,191/- to 39,965/-. Further case is that since last three years bank is continuously giving letter for realization of arrears and it was assured that till 90 days from disbursement of loan there shall be no interest but interest is being calculated from the date of its disbursement. Further case is that on 29.02.2016 bank has forcibly deducted Rs. 86,327/- from account of the complainant and wrong calculation is being given by the bank to the complainant. Hence this case has been filed with prayer to direct the bank to correct the statement and supply it to the complainant and also to realize the interest @ 12.35% only and accordingly installments may be realized and already deposited money must be adjusted in the loan account.  Further prayer is that to direct the bank to furnish the difference of the account and also to direct to pay compensation for harassment.
3. O.P. bank appeared and has filed W.S. mentioning therein that there is no cause of action for filing this case and complainant is habitual defaulter in payment of loan who has filed this case to escape from liability to repay the loan amount. Further reply is that as per arrangement letter dt. 21.06.2013 the term loan of Rs. 17,40,000/- was to be paid in 57 monthly installments of Rs. 42,500/- each commencing from 30.09.2013. Further reply is that as per guideline of the RBI interest rate has been modified and there was no any condition for waiver of interest for initial 90 days period. Further reply is that the loan account became irregular due to nonpayment of installments and now it is NPA (Non Performing Assets) hence it is prayed to dismiss the case.
4. Point for determination is that whether complainant is entitled to get relief as prayed or not?
5. On perusal of the record it appears that by filing several applications complainant has intimated to this Commission that for realization of the loan amount bank has initiated proceeding of Certificate Case vide Certificate Case No. 23/2017-18 before the Certificate Officer, Bokaro under the relevant provision of Public Demand Recovery Act. As per intimation dt. 07.02.2018 furnished by the O.P. notice u/s 13(2) SARFAESI ACT 2002 has also been served and published against the complainant. It reveals from the record that complainant has preferred W.P. ( C ) No. 4516 of 2021 before Hon’ble High Court of Jharkhand at Ranchi and it has been decided by the Hon’ble High Court on 17.12.2023 with observation that the complainant has filed said W.P. C. with prayer to stay the proceeding of Certificate Case No. 23/2017-18 as well as the last warning dt. 23.08.2021 through which complainant has been directed to deposit the outstanding dues of Rs. 5,95,637.75/- in the bank within 15 days. In that very case the Hon’ble Court have been pleased to observe that the same has to be agitated in the said certificate case itself.
6. In this way it is very much clear that for the same matter Certificate Case No. 23/2017-18 is pending before the competent authority and it was challenged before the Hon’ble High Court which has not been found illegal rather complainant has been directed to agitate the matter before the certificate officer. Another proceeding is under SARFAESI ACT 2002 for which bank itself is competent to take action and in case there is any grievance to the borrower then he/she may raise it before the competent authority or the Tribunal concerned.
7. So far any irregularity in calculation is concerned complainant has not pointed out it with authentic papers, there is no any authentic evidence by the complainant in support of her case. Complainant has not produced any evidence either oral or documentary in support of her case as pleaded. In this way complainant failed to prove her case.  Contrary to it bank has shown the arrangement letter of loan to justify its stand. Since matter related to calculation of interest is pending before the competent authority about which Hon’ble High Court has already given direction, hence it will be against the Judicial discipline to re take up it. Hence we are of the view that complainant has not proved its case for grant of relief as prayed. Accordingly this point is being decided against the complainant.

8. In light of above discussion case is dismissed on merit and parties shall bear their own costs. However, complainant is having liberty to raise all points in the certificate case or in the proceeding related to SARFAESI ACT 2002.

 (J.P.N. Pandey)

                                                                                      President

(B.P.L Das)

   Sr. Member

                                                                               (Baby Kumari)

                                                                                       Member