MR. BIBEKANANDA DAS, MEMBER:-
Complainant has filed C.C.Case No. 18/2023 U/s-35 of C.P.Act,2019 before this Commission seeking following relief:
“ Honbl’e Commission may kindly issue necessary direction to the Op not to hold my account and allow me to withdraw my monthly old age pension and agriculture assistance credited to my account by State & Central Govt. Scheme to save my life from starvation”.
Brief fact of this case is that, Complainant is an unemployed Senior citizen have account No. 3177421935 in OP-Bank from dt. 07.06.2011 and also a BPL category farmer facing difficulties to maintain livelihood and for the same getting farmer support from State Govt. scheme Kalia Jojana Rs. 5000/- & Rs. 2000/- in several dates.. Complainant also receiving Central Govt. farmer help on rupees in several times. Further Complainant states that he has receiving old age pension Rs. 500/- each months. Complainant availed one KCC loan from the Op-Bank and due to crop loss and physical illness, the same loan remain unpaid. There is a possibility the same loan would be subsidies by State Govt. Being a Senior Citizen, it is very difficult to maintain himself for which he could not repay the KCC loan. The Op practicing unethical behavior held up his account on which received & also monthly old age pension deducted amount from his saving account. The Op has no power to hold/seize Complainant’s account and kept it non functional for last 2 years and deducting his old age pension and farmer assistance from his account for which he is facing heardship for continuing his life
The Ld. Counsel for Ops have filed their written version states as under-
“ As regards to Para-3 of the complaint petition it is submitted that the Complainant has availed a KCC loan from the Op-Bank, vide his Loan A/c-35572889167. Since because it is a KCC loan, it is the provision that the said loan be repaid in every year and then he will be eligible to avail further loan for next agriculture year. After availing the KCC loan the Complainant did not repay the said loan inspite of his financial capacity to repay the same. He is willful defaulter to the Op-Bank. There is an outstanding of Rs. 98,580/- as on dt. 15.03.2023. The Complainant is making transaction in his Saving account.There is an outstanding of Rs. 7,315.75 as on dt. 27.02.23. On that date an amount of Rs. 2000/- was credited. Prior to that on dt. 17.10.22 the Complainant had withdrawn an amount Rs. 500/- from the said account. The Complainant has not been prohibited/obstructed to withdraw the amount the amount lying in his account. But with ulterior motive to avoid the repayment of the defaulted loan and also tarnish the image of the Bank and to cause unnecessary harassment to a duly constituted financial institution has filed the instant case supported by false affidavit mentioning that his account is under hold. For such false affidavit, the Honbl’e omission should pass appropriate order. It is humbly submitted the loan availed by the Complainant is nothing the public fund and being a financial institution, the Op-Bank has several remedies to recover the same from the defaulter borrower. If such action of the Bank to recover the Public fund is restricted, then the entire financial system shall be jeopardized.
Complainant has taken loan and he is to be abide by the agreement/contract and his account is not held up by Ops as such the present C.C.Case is a frivolous complaint and not maintainable. Hence the C.C.Case No. 18/2023 is hereby dismissed. No order as to cost.
Issue extract of the order to the parties for compliance.
Pronounced in the open Commission, on this the 8th day of August,2023.
I, agree.
Sd/- Sd/-
PRESIDENT MEMBER
