Orissa

Kendrapara

CC/11/2021

Kunja Sundar Das - Complainant(s)

Versus

Branch Manager, - Opp.Party(s)

Self

18 Jul 2023

ORDER

OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
KENDRAPARA, ODISHA
 
Complaint Case No. CC/11/2021
( Date of Filing : 04 Mar 2021 )
 
1. Kunja Sundar Das
S/o- Karunakar Das At- Narendrapur Po- Nembara Ps/Dist-Kendrapara
Odisha
...........Complainant(s)
Versus
1. Branch Manager,
Cuttack Central Co-Operative Bank Ltd. Marshaghai Branch At/Po/Ps-Marshaghai Dist-Kendrapara
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Pravat Kumar Padhi PRESIDENT
 HON'BLE MR. Bibekananda Das MEMBER
 
PRESENT:Self, Advocate for the Complainant 1
 Sri D.Nanda, Authorized Officer, Advocate for the Opp. Party 1
Dated : 18 Jul 2023
Final Order / Judgement

MR. BIBEKANANDA DAS, MEMBER:-          

                Complainant has filed the C.C.Case No. 11/2021 relief as to why the loan amount should not be exempted and claimed compensation of Rs. 1,25,000/- for the loss of mental agony and deficiency in service. Notice to Op was issued and the Op has filed its repay stating as under “ from the Honorable Court for addition of the name of the Kuhudi PACS under Marshaghai Branch for purposeful hearing of the case and pronouncing judgement. The complaint is a member of the Kuhudi PACS & availed Agriculture farm loan through KCC from Kuhudi PACS. As per Act & Rule of Co-Operative Societies the Central Co-Operative Bank is not empowered to sanction loan to individual borrowers through Bank. The Bank is assigned the power to sanction loan to the PACS. In turn PACS will disburse the loan to the borrowers through KCC for Agriculture purpose. All the related documents land particulars charge creation of landed properly created in favour of PACS. The calculation of interest issue of demand notice & collection of load dues are done at PACS level. The Bank did not kept any records of individual borrowers of PACS”.

                Complainant has received the letter on dt. 09.07.2021 but no step has been taken to implead Kuhudi PACS under Marshaghai Branch. The Complainant has taken loan from PACS, Kuhudi, who is not a party before this Commission and there is  no pleading as to how there is  deficiency in service and unfair trade practice on the party of Op as well as Kuhudi PACS, who is not a party before us.

                 We therefore find there is no merit in this case for non joinder of necessary party and in absence of any deficiency in service and unfair trade practice.

                 With the aforesaid observation the C.C.Case No. 11/2021 is hereby dismissed and accordingly disposed off.               

                Issue extract of order to the parties for compliance.

               Pronounced the Open Commission on this the   18th   July, 2023.

                              I, agree.

                               Sd/-                                            Sd/-

                         PRESIDENT                               MEMBER     

 
 
[HON'BLE MR. Pravat Kumar Padhi]
PRESIDENT
 
 
[HON'BLE MR. Bibekananda Das]
MEMBER
 

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