Orissa

Nuapada

CC/10/2015

Nitya Nanda Salma,aged about 40 years, - Complainant(s)

Versus

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

A.K.patra

19 Jan 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
NUAPADA,ODISHA
 
Complaint Case No. CC/10/2015
 
1. Nitya Nanda Salma,aged about 40 years,
At-DAbri,Po-Khaira, Ps-Boden
Nuapada
Odisha
...........Complainant(s)
Versus
1. Branch Manager,State Bank of India,Karla
At/Po-Karlakot,Ps-Boden
Nuapada
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Mr Krishna Kumar Tripathyy PRESIDENT
 HON'BLE MR. Mr Binod Bihari Mishra MEMBER
 
For the Complainant:
For the Opp. Party:
ORDER

Fact of the case in Brief :- The Complainant is an account holder of State Bank of India, Karlakot Branch vide S.B. A/c No. 11846514151 of Nuapada district and the complainant was obtained a P.M.R.Y. Scheme Loan amount of Rs. 40,000/- vide PMRY A/c No. 11846536458 from Karlakot State Bank of India on 2008.  On dated 24.01.2009 he has paid all his outstanding dues accordingly.  The last installment Rs. 6,000/- (Rupees six thousand) only paid on 24.01.2009 as full and final settlement of the said PMRY Scheme loan and the Bank authority has closed his loan account on the same day.  After few year the State Bank of India authority has deducted again Rs. 6,000/- (Rupees six thousand) only on dated 29.03.2014 from his S.B Account No. 11846514151 illegally towards outstanding loan dues of the complainant’s behind.

     The complainant has approached against the activity of the Branch Manager, State Bank of India, Karlakot with a request to restore the deducted amount of Rs. 6,000/- (Rupees six thousand) only with interest to his account.  The matter has also reported to the Branch Manager, Karlakot, P.S. Boden of Nuapada district on dated 20.03.2015 who received the copy and duty acknowledgment, but no action has been taken till date.

     The complainant has enclosed copy of pass book in original vide S.B. A/c No. 118468514151 and loan pass book PMRY A/c No. 11846536458, copy of deposit slip, copy of grievance petition to Branch Manager, S.B.I., Karlakot on dated 20.03.2015 and 30.03.2015. 

     The petitioner filed following documents:-

  1. P.M.R.Y Passbook No. 11846536458 (Exhibit-1),
  2. Endorsement of Account closed by Bank Adalat (Exhibit 1/1),
  3. Passbook of S.B. A/c No. 11846514151 (Exhibit – 2),
  4. Deposit slip of Rs. 14,000/- dt. 24.08.2007 (Exhibit – 3),
  5. Deposit slip of Rs. 2,000/- dt. 15.01.2009 (Exhibit – 4),
  6. Deposit slip of Rs. 6,000/- dt. 24.01.2009 (Exhibit – 5),

 

     The O.P. State Bank of India, Karlakot has filed his version alongwith affidavit to support this case that the Regional Manager, Bhawanipatna is not the necessary party only the Branch Manager, S.B.I. Karlakot is the appropriate authority to represent this case and he has submitted as the complainant is a account holder of his Bank who has taken a PMRY Scheme loan from his Bank and the complainant has deposited Rs. 6,000/- (Rupees six thousand) only on dated 24.01.2009 further submitted in his version that, as per record book the complainant has to deposit Rs. 6,000/- (Rupees six thousand) only as outstanding dues of the loan account and as the available balance in the S.B. Account of the applicant the O.P. has deducted Rs.6,000/-(Six thousand)only on dated 29.03.2009 from the account of the complainant in connection of his loan outstanding as such deduction amount from the account of the complainant is not illegal. The Para 4(ii) is partially true and the O.P. has not putting the customer any kind of agony. Hence the above circumstances the petition of the applicant may be dismissed and the order may be issue for the cost of advocate fee infavour of O.P.

The Hon’ble Forum has decided the matters of this case after hearing and argument from both the parties. The admitted fact is that, the complainant has taken a P.M.R.Y Govt. Scheme loan from the O.P. S.B.I. Karlakot and paid all the dues outstanding against him. Lastly Rs.6,000/- was deposited on dated 29.03.2009 in connection with the loan account. The Bank has closed his loan account in Exhibit-1, 1/1 & 5 reveals it. After deposit of Rs.6,000/- and finally settled. Again on dated 29.03.2014 the O.P. has deducted Rs.6,000/-(Rupees Six Thousand)only  from the S.B. account of the complainant in Exhibit-2. Hence the cause of action arosed and deficiency in service caused by the O.P. The O.P. has never submitted about the last deduction of Rs.6,000/-(Rupees Six Thousand) on dated 29.03.2014 in his version but the xerox copy of S.B. account of the complainant shows the deduction of the amount.

 

O R D E R.

Perused the records after verification of records and heard both the parties the O.P. State Bank of India, Karlakot P.S Boden, Dist-Nuapada has wrongly debited Rs.6,000/-(Rupees Six thousand)only from the S.B. account of the complainant after final settlement of the P.M.R.Y loan.

Hence, the O.P. has to refund the deducted amount Rs.6,000/-(Rupees Six Thousand)only to the complainant  and pay Rs. 1,000/- (Rupees one thousand) only towards cost of litigation within two months from the date of order, failing which the O.P. is liable to pay interest @ 12% per annum over the above amount from the date of judgment.

     Judgment pronounced in the Open Court of the District Consumer Disputes Redressal Forum, Nuapada, this the 19th day of January 2016.

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

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