Orissa

Jajapur

CC/36/2019

Jagannath Jena. - Complainant(s)

Versus

Branch Manager,SBI,Jajpur Town Branch. - Opp.Party(s)

Sandeep Samal,Sri Biraja Prasad Parida.

30 Sep 2019

ORDER

IN  THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                        Present:      1.Shri Jiban ballav Das , President

                                                                            2.Sri Pitabas Mohanty, Member,

                                                                            3. Miss Smita Ray, Lady Member.

                                             Dated the 30th day of  September,2019.

                                                      C.C.Case No.36 of 2019

1.Jagannath Jena,S/O Late Gokulananda Jena    

Vill.. Jageswarpur ,    

P.O/P.S/Dist.- Jajpur .  

2.Damayanti Jena ,W/O Jagannath Jena

Vill. Jageswarpur,

P.O/P.S/Dist.Jajpur                                                                                      …… ……....Complainant .                                                                                                       

                                                 (Versus)

Branch Manager,State Bank of India,Jajpur Town Branch,

At/P.O/Dt.Jajpur .       

                                                                                                                               ……………..Opp.Parties.                                                                                                                                         

For the Complainant:                                  Sri S.Samal, Sri B.P.Parida, Advocates.

For the Opp.Parties :                                   None (Exparte)          

                                                                                                        Date of order:   30 .09.2019.

SHRI  PITABAS  MOHANTY, MEMBER    .

Deficiency in banking service is the grievance of the petitioners.

            The facts relevant as per complaint petition as  stated by the complainant are that the petitioner availed a house building loan amounting to Rs 3 lakh bearing loan A/C No. 11309359651  and an additional  loan of Rs 1,20,000/-  bearing A/C No. 11309359662    from the O.P  branch .The principal loan was availed by the petitioners in the month of Feb- 2004 .after executing  the  loan agreement  with the O.p / bank and  deposited the  title deeds. The additional   loan was taken by the petitioners  in the month of Aug-2005  for the same purpose ,.

            That as per loan agreement between the petitioner and op/bank the duration of repayment of installment payment of both the loan account is 20 years i,e 240  equal Emi  with floating rate of interest  . The petitioner was paying the monthly installment regularly        to the O. p bank       since Aug-2005 .

            That  both the loan accounts are in respect of the same building for the petitioner and duration of payment of both account is 20 years  and both the loan accounts bear floating rate of interest .The O.Ps have   charged 10 .25%  interest per annum in respect of loan account  No.11309359651  and  13.25 % interest per annum in respect of loan A/C No. 11309359662   in the year 2011 .In the mean time  O.P  intimated the petitioner  to pay Rs. 3020 /- per month for the loan  A/C No. 11309359651    and Rs2750/-  per month  for the loan A/C No. 11309359662 .          .The petitioner’s  though paying the monthly installments  regularly and  have not  defaulted to pay a single installment in the last 14 years since as per the demand of the O. P the petitioner   had to pay an  extra amount of Rs. 7,000/-  in the year 2011 and Rs.5,000/-   in the year 2013. On  both the occasion the then chief  manager of the O. P bank promised to correct the loan A/C No.11309359662  and as per promise  of the chief manager of the O. p bank,  the petioner reposed faith on him and paid the extra amount demanded by him . The then the chief manager promised to correct the loan A/C  No. 11309359662  within 15 days and adjust the extra money taken by the O.P  by way of over dues.

            That the floating rate of interest went to 9%  in the year 2017. The petitioners  regularly paying Rs. 1500/ every month without a single default for the loan A/C No.11309359662 .  The petitioners  have approached the O.P / bank on several occasions  to correct  the loan A/C no.

11309359662  .  Though  many time the  chief manager and filed officer admitted to correct the calculation of rate of interest  and Emi   of the above  loan A/C No.11309359662  and promised                       to correct  it but  no result. The petitioners  also in  many occasion  have given written application  for correction of loan account  but instead of correcting the loan account every month  there is a  phone from the Head office  of the  O.P bank to the petitioner no.1 regarding over dues of loan account No.11309359662   and irregular  payment by the petitioner. Though the petitioners   pay regularly the loan amount which more than the actual Emi on floating rate of interest  but  the o.p bank being a  responsible  Nationalized  bank gave deaf ear  to the  approach of the petitioner . Accordingly  the petitioners  on  01.08.17  narrating the above facts   requested  the O.P  to correct the additional loan A/C No. 11309359662 . The O.P bank neither received the notice nor gave any reply  or settled the matter  . Again on  08.12.17  the petitioners  sent a notice for correction of additional loan account but the O.P bank neither gave any reply nor settled the matter .The O>p is negligent and deficient in his  service towards the petitioner. The O.p bank instead of correcting the loan account  gave a notice to complt no.1 on  01.03.19  which was received by the petitioner on 07.03.19  claiming the loan A/C No. 11309359662  has been irregular  as well as  has been classified  as NPA  on account on non - payment of installments  .  The O.P illegally claimed a penal interest of 2% over and above regular interest. The petitioner gave a reply on 12.03.19 to the notice of the O>P Bank and requested the O.P to correct the account and inform the petitioner. The cause of over due as demanded by the O.P and the actual EMI to be given by the petitioner on additional loan A/C No. 1130935662 . The O.P though received the reply neither gave reply nor made any attempt to correct the loan account  . Hence the callousness on the part of the O>p is a clear deficiency in service towards the petitioners  .

             Accordingly the petitioners  knocked the door of this fora  with the prayer to direct the O.P to correct the loan account No. 11309359662 as per floating rate of interest   and to adjust the money taken in shape of over due and penal interest   and also direct the O.Ps  to compensate  a sum of Rs 60,000/-  for mental agony and harassment .

After  receipt of notice though  the O.P  bank appeared  through the  learned advocate but did not choose to file written version  against the complaint of the petitioner within the fixed time fixed by this fora as per statute.  Accordingly finding no other alternative the O.P  has been set-exparte vide  order dt. 26.7.19.

            On the date of hearing we heard  the argument from the side of the petitioner .  After perusal of the record and documents as well as citation filed from the side of the petitioner , It is undisputed fact  that the petitioner have  availed two house building loan from the O.p bank  in the month of Feb- 2004 and Aug-2005 .

2. It is also undisputed fact that the petitioners are   paying  the Emi regularly  as per agreement of the above loan .

The petitioners  also served two numbers  of pleader notice for correction of 2^nd loan account  regarding interest but the O.P  bank neither  replied  nor made any attempt to correct the loan account. The petitioners  asserted that   they are   paying the loan installment regularly which is not disputed by the O.P . The loan ledger of the petitioners  laying  with the O.P Bank .

            On the other hand , in case the assertion of the petitioner are  not correct then the O.p could have contested the dispute by filing the written version   , statement of account and copy of ledger. The op bank though appeared but did not choose to file any objection against the complaint petition  . Accordingly this fora  is bound to accept the  uncontroverted statement made in the complaint  petition    as per  observation of Odisha  State Commission reported in 2003-CLT-Vol-96-p-15 .C.D.Case No.37/02  wherein it is held that:

In absence of written version by the O.P, the  Commission is bound to accept the uncontroverted statement of the complaint petition.”

And

2013(1)CPR-507-N.C ,wherein  it is held that:-

            “In case written version not filed after several opportunity,   it has no defence on merit.”

Further  as per observation  of National commission reported in    2013(1) CPR-456 t (N.C)  wherein it is held that :

“non reply of legal notice may draw adverse inference .”

            In view of above factual aspects as well as the observation of Appellate  forums ,  it is cristal clear that the O.P  has committed gross deficiency in service by not responding  the grievance of the petitioner as well as did not file any objection / written version  against the complaint petition  of the petitioner before this fora Hence this dispute is allowed against the O.Ps  as  exparte.

Hence this Order

The dispute is allowed against the O.P. exparte .  The O.P  is  directed to correct the loan A/C 11309359662 as per floating rate of interest  as per principal loan A/C  No.11309359651 from the date of execution  of the loan agreement as well as adjust the money to the loan account    earlier taken  for in shape of over dues and penal interest  as the over dues shown in the loan account of petitioner not correct .  It is to be deducted from the out standing dues shown in the loan account No.11309359662  and revise statement of loan account shall be  served to the petitioner  by  Regd. post within one month after receipt of this order .  The op also directed to pay Rs. 10,000/- ( ten thousand ) as compensation  to the petitioner for metal agony and harassment within one month after receipt of this order ,  In case the O.P  fails to carry out this order within the stipulated period of one month  the petitioner also at liberty to take steps as per law for realization of the awarded amount .

This order is pronounced in the open Forum on this the 30th  day of  September,2019. under my hand and seal of the Forum.