Orissa

Cuttak

CC/84/2015

Bajarang Lal Sharma - Complainant(s)

Versus

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

Self

15 Dec 2017

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.84/2015

 

        Sri Bajrang Lal Sharma,

        Res. At:1C/67,Sectr-9,CDA,

        PO/PS:Markatnagar,Dist:Cuttack.                                                                       … Complainant.

 

Vrs.

Branch Manager,

Bank of India,Cuttack Branch,

At:Nayasarak,Cuttack-753001.                                                                    … Opp. Party.

 

Present:               Sri Dhruba Charan Barik,President.

Sri Bichitrananda Tripathy, Member.

Smt. Sarmistha Nath, Member.

 

Date of filing:     18.08.2015

Date of Order:  15.12.2017

 

 

For the Complainant:                    Complainant himself.

For the O.Ps.              :                      Sri S.K.Behera,Adv. & Associates.

 

Mr. Bichitra Nanda Tripathy, Member.

                The case is against deficiency in service on the part of O.Ps. 

1. The case in nutshell is that the complainant was having a S.B.Account No.510011100006767 with the O.P. Bank.  The said S.B. Account was a joint account with his wife and his pension was payable through this account also.  On 08.02.2014 the complainant issued an account payee cheque in favour of “M/s. Arnapurna Motors” amounting to Rs.58,500/- (Annedure-1).  M/s. Annapurna Motors presented the said cheque with their Banker i.e. UCO Bank,B.K.Road Branch.  The O.P Bank dishonoured the said cheque on the ground of “Fund Insufficient” on 14.02.2014 (Annedure-2).  The complainant had a balance of Rs.84,828.05 in his above noted S.B.Account(annexure-3).  The complainant asked the O.P Bank by registered post the cause of dishonouring the said cheque(Annexure-4).  It was subsequently learnt that an amount of Rs.81,125/- was blocked by Ranihat Branch of the O.P.Bank towards overdue interest accumulated to the tune ofRs.81,125/- on the loan account of the complainant.  Such matter was not intimated to the complainant before or after blocking the amount.  This amounts to deficiency in service.  As per orders of Hon’ble Supreme Court of India, the pension account of retiree cannot be attached by the authorities for recovery of dues.  (Annexure-6).  The Hon’ble Kerla High Court had held the same as published in Newspaper “Indian Express” on 11.03.2014(Annexure-5). Sec.60(1) of Civil Procedure code also prohibits authorities from attaching retiring benefits of a person.  The complainant has filed this case against the O.Ps and   he has prayed to direct the O.Ps to pay Rs.18,000/- as compensation towards mental agony, harassment and loss of prestige, to release the blockade amount of Rs.81,125/- and  to pay interest on the said blockade amount from the date of seizure to the date of release of the said amount at the rate as applicable.
2. Vide written version dt.20.07.2016 the O.P Bank has intimated that the balance on the S.B.Account of the complainant was reflected as Rs.84,828.05p in the statement of accounts whereas the actual effective balance available was Rs.3,703.05 since a sum of Rs.81,125/- out of such balance was under lien to the overdue loan account of the complainant bearing No.51062620000057 at Ranihat Branch as on 06.12.2013(Annexure-A series).  The complainant was also aware of such facts.  That the complainant is a retired officer of this Bank and has not cleared his loan dues with the O.P. Bank and when the O.P. Bank asked him to clear his loan dues has filed this case.  The complainant has made withdrawals worth Rs.15,000/- on 05.02.2014 wherein the ATM receipt  has also shown the available balance by noting the lien of Rs.81,125/-.  The complainant issued this cheque for attracting the provisions of the Consumer Act even if he was well informed regarding the lien.
3. We have gone through the case records in details.  Heard the complainant and the advocate of O.P.Bank at length.  We have observed that the complainant was an officer of the O.P. Bank who was holder of S.B.Account No. 510011100006767 with the O.P. Bank.  The said account was in the joint name of the complainant and his wife.  Pension payable to the complainant paid through the said account.  The complainant issued an account payee cheque in favour of M/s. Annapurna Motors for Rs.,58,500/- on 14.02.2014 when the balance in his above noted S.B.Account was Rs.84,828/.05p.  Since the lien in the above account was marked for a sum of Rs.81,125/- and was blockade by Ranihat Branch of the O.P Bank towards a loan availed by the complainant, the net effective balance available for payment was Rs.3703.05 only which was insufficient for payment of the cheque of Rs.58,500/- as issued by the complainant.  As such the O.P Bank refused payment of the cheque with the remarks “Funds Insufficient”.  The O.P Bank has intimated that the complainant has availed a loan from their Ranihat Branch vide A/c No.51062620000057 and it was overdue.  From the records as submitted by the O.P. Bank it is clear that the lien making was made in the above noted S.B.Account of the complainant.  As per accounts ledger inquiry as submitted by the O.P.Bank the balance in the said S.B.Account was as on 16.07.2016 was Rs.86,889.60p whereas the available balance Rs.5764.60p which indicates that a sum of Rs.81,125/- was marked as lien in the said S.B account of the O.P Bank. The complainant has admitted regarding his loan availed from the O.P Bank.  But the Bank has not furnished any details regarding the loan availed by the complainant.  Bank has neither produced any record in support of any intimation /notice given to the complainant to repay his loan nor produced any letter issued by the Bank to the complainant regarding the lien making made by the O.P. Bank for the said overdue loan account with their Ranihat Branch.  The O.P Bank has not initiated any legal action against the complainant towards repayment of such loan while the said loan is still outstanding against the complainant even after his retirement from the Bank service.  The complainant has not given the quantum of interest paid less/not paid towards the blockade amount of his S.B.Account.
4. Basing on the facts and circumstances, it is clear that the O.P Bank has blockade the S.B.Account of the complainant towards non-repayment of a loan availed by the complainant from the Ranihat branch of the O.P.Bank.  Since the pension account cannot be attached for recovery of debt, we consider this as a deficiency in service on the part of Bank.  Similarly the complainant has not yet cleared his loan account with the O.P Bank even after his retirement which is also not proper.

                 ORDER

The complainant will clear his loan dues with O.P. Bank within a period of one month from the date of receipt of this order.  The O.P Bank will lift the lien marked in the S.B.Account of the complainant.  The O.P Bank will pay a sum of Rs.8,000/- to the complainant towards mental agony and harassment and a further sum of Rs.2000/- towards cost of litigation Interest in the said S.B.Account shall be paid for the blockade amount for the blockade period if not paid earlier at the rate as applicable.  The above noted payment to the complainant shall be made within a period of 45 days from the date of receipt of this order, failing which the complainant is at liberty take shelter of this Hon’ble Forum again as per C.P.Act,1986.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 15^th day of December,2017 under the seal and signature of this Forum.

 

   (Sri B.N.Tripathy )

                                                                                                          Member.

                                                                                                                                               

                                                                                                   (  Sri D.C.Barik )

                                                                                                             President.

 

                                                                                                     (Smt. Sarmistha Nath) 

                                                                                              Member(W).