Orissa

Nuapada

CC/10/2014

Bimal Kumar Khamari - Complainant(s)

Versus

Branch Manager,ADB,Sinapali - Opp.Party(s)

A.K.Patra

16 Apr 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
NUAPADA,ODISHA
 
Complaint Case No. CC/10/2014
 
1. Bimal Kumar Khamari
S/O-Chandradhwaj Khamari,R:o Village-Baigapada,Po-Nilji,Ps-Sinapali,Dist-Nuapada
Nuapada
Odisha
...........Complainant(s)
Versus
1. Branch Manager,ADB,Sinapali
At/Po/Ps-Sinapali, Dist-Nuapada
Nuapada
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Mr Krishna Kumar Tripathyy PRESIDENT
 HON'BLE MRS. Tapaswini Panda MEMBER
 HON'BLE MR. Mr Binod Bihari Mishra MEMBER
 
For the Complainant:A.K.Patra, Advocate
For the Opp. Party:
ORDER

 

Fact of the case in brief :- The Complainant/Petitioner has filed this case on dated 17.07.2014 against the opposite party Branch Manager SBI, ADB, Sinapali Branch alleging the OP for set hold his SB Account on dated 16.05.2013 without prior intimation to him back and behind of the petitioner for that he caused financial hardship and mental agony and the account of the complainant need to be vacate as early as possible. The complainant prayed for vacate the set hold account and compensation for deficiency in service.

     The OP has alleged the complainant and filed in his version that, The complainant has availed an agricultural loan from the State Bank of India, ADB, Branch Sinapali and insured his land under crop insurance Scheme(NAIS) as a non-loanee farmer he should claimed Rs.33,680/-(Rupees Thirty Three Thousand Six Hundred Eighty)only, but erroneously the Bank has credited Rs.56,132/- (Rupees Fifty Six Thousand One Hundred Thirty Two)only in the account of the present complainant Bimal Kumar Khamari vide SB Ac. No-30981952835 on dated 25.02.2013 and he has withdrawn the said amount beyond his claim and utilized the sum. Further it is submitted that, the OP came to know about the excess amount credited to the account of the complainant the amount of difference is Rs.22,452/-(Twenty Two Thousand Four Hundred Fifty Two)only. The deposit of excess amount immediately intimated to the complainant by sending a letter vide No. BR/GEN/1/ dated 10.05.2013 for return of the amount.

     The OP SBI Sinapali has submitted that Sec 2 (1)(g) and 14 of the Contract Act 1972 Sec 10 & 170 Banker and Customer BANKER LIEN  xxx Banker could exercise his lien on amount lying in other account without notice as per the terms of agreement. There is no provision to give any notice before exercise the lien.

     The complainant has not mentioned about the Agricultural loan for crop insurance of his crops and excess deposit of money in his account and, more than of his claims for the insurance of Agricultural land. He has suppressed and concealed the facts in his petition and never mentioned about the loan and excess amount credit to his account to avoid the return of the excess amount.

                   O R D E R.

After verified the documents and hearing of both the parties the Hon’ble Forum has decided and passed the order against the complainant who conceal the facts of the case in his petition  rather claimed for the deficiency of service of the OP B.M, SBI, ADB, Sinapali Branch. Hence the complaint petition of the complainant is dismissed without any cost. The complainant has to return the amount Rs.22,452/-(Twenty Two Thousand Four Hundred Fifty Two) only credited excess to the account of the complainant within one (1) month from the date of received the order, failing which the complainant has to pay 12% interest from the date of credit of amount in his account .The OP has directed to run his account  without  sethold  after  realization  of the excess amount  credited to the account of the complainant .        Hence the case is disposed off accordingly.

 
 
[HON'BLE MR. Mr Krishna Kumar Tripathyy]
PRESIDENT
 
[HON'BLE MRS. Tapaswini Panda]
MEMBER
 
[HON'BLE MR. Mr Binod Bihari Mishra]
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.