Orissa

Baudh

CC/19/2014

Jharu Meher(60) - Complainant(s)

Versus

Branch Manager State Bank of India,Janhapank - Opp.Party(s)

S.K.Pradhan

23 Dec 2014

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BOUDH
NEAR CIRCUIT HOUSE, BOUDH, 762014
 
Complaint Case No. CC/19/2014
( Date of Filing : 02 May 2014 )
 
1. Jharu Meher(60)
S/O-Late Rusi Meher,R/o-Narayannagar,Po-Laxmiprasad,P.S/Dist-Boudh
...........Complainant(s)
Versus
1. Branch Manager State Bank of India,Janhapank
At/Po/Janhapank,p.s/Dist-Boudh
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Padmanava Mahakul PRESIDENT
 HON'BLE MR. Suvendu Kumar Paikaray MEMBER
 
PRESENT:
 
Dated : 23 Dec 2014
Final Order / Judgement

1. Allegaing deficiency of service and unfair trade practice the complainant filed this case against the O.P for a direction for waive of  the loan repayment  and pray for compensation.

       2.The case of the complainant in brief is that he had availed a loan of Rs.53,000/-  on 20.2.1986 and on the very day the O.P sanctioned  Rs.24,000/- to the complainant. He had received Rs.24,000/- from the O.P.The complainant started his business smoothly on 4.8.1992 and liquidated the entire loan amount along with  acquired interest. Thereafter the complainant approached  for sanction of Rs.1,00,000/- for running his business, but the O.P. on 28.8.1992 sanctioned Rs.40,000/-.Again the O.P on 31.3.1995 sanctioned Rs.1,00,000/- favour of the complainant. The complainant run his unit smoothly until 12.8.1996, but due to price hike of raw materials all of a sudden it was uneasy on the part of the complainant to manage the said unit. Again the complainant requested the O.P. to enhance the loan amount to Rs.3,00,000/-.As the O.P could not take any steps, the unit of the complainant could not functioned and closed. The complainant could not able to repay the loan amount which he had taken loan on 31.3.1995 for which the O.P. initiated a case against the complainant for realization of the loan amount. As the complainant could not get the loan amount from the O.P he has filed this case against the O.P. for waive out of the loan amount and compensation.

      3. After being noticed, the O.P. appeared filed counter in this case. The case of the O.P. is that   the case is not maintainable and the complainant is defaulter relating to loan availed by him and a money suit   No. TMS 35/97 filed by the O.P  which ended  decree in favour of the Bank.

     4.The point for determination whether the case is maintainable and  the case is barred by time.

       5.The allegation against this case arose on 12.8.1995 which has been mentioned by the complainant and the case has been filed on 2.5.2014 after lapse of more than 19 years. The complainant came up with this case for the relief should be filed within the time of limitation .As such we decide the case on the point of limitation and dismiss the case of the complainant as it is barred by time. This case is disposed of accordingly.

                 Order pronounce din the open court under seal and signature of the forum this the 23rd day of December,2014.

 
 
[HON'BLE MR. Padmanava Mahakul]
PRESIDENT
 
 
[HON'BLE MR. Suvendu Kumar Paikaray]
MEMBER
 

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.