Orissa

Jajapur

CC/54/2015

Prakash Kumar Nayak - Complainant(s)

Versus

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

18 Nov 2015

ORDER

IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                                      Present:  1.Shri Biraja Prasad Kar, President,

                                                                                      2.Sri Pitabas Mohanty, Member,

                                                                                      3.Miss Smita Ray, Lady Member.                        

         Dated the 18th day of November,2015.

                                        C.C.Case No.54 of 2015

Prakash Kumar Nayak,  S/O Kshirod Nayak

Vill . Bhadanga, P.O.Haridaspur,

P.S. Dharmasala, Dist.Jajpur.

                                                                                                                                 …… ……....Complainant .                                        .                                     (Versus)

Branch Manager, United Bank of India, At/P.O. Chandikhole chhak Sunguda

Dist.Jajpur.

                                                                                                                                  ……………..Opp.Party.                                                                                                                                                                                                                                                                                                                                                                                                                                                     

For the Complainant:                                 Sri Srikanta Mohapatra, Seetikantha Das, Advocates.

For the Opp.Party:                                    Sri  M.S. Mahunta, Sri R.K.Jena, Advocates.                                                                               

                                                                                                 Date of order:   18. 11. 2015.

SHRI  PITABAS  MOHANTY, MEMBER .

                        The complainant has filed the present dispute alleging deficiency in service on the part of the O.P.

                        The fact relevant for the present dispute shortly as per complaint petition is that the complainant availed a loan to purchase a Car(ALTO LXI) bearing Regd. No.0R-02-BK-4463 amounting to Rs.2,60,000/- from the O.P with monthly EMI fixed as Rs.7,000/-.

                        That the complainant has already paid Rs.1,80,000/- as EMI for the loan. Thereafter due to his business problem he could not paid the rest EMI as a result his loan account has been treated as NPA for which the  O.P. issued notice accordingly.

                        Thereafter the complainant requested the O.P. for OTS of the loan account but the O.Ps are not paying any heed to it. Subsequently the complainant issued a advocate notice on dt.23.03.2015 for settlement of the loan account. Lastly on dt.08.06.2015 the O.P. denied for any settlement. Accordingly finding no other way the complainant filed the present dispute with the prayer to direct the O.P to settle the loan amicably on one time basis.                       

                        After receipt of the notice  the O.P appeared and filed the written version  stating that  dt.19.11.2010 the O.P. disbursed the loan amount of Rs.2,60,000/- in favour of the complainant for purchase of Alto Car with  term and condition to repay the loan in  monthly installment of Rs.7,000/- per month. As per terms and conditions the petitioner is required to repay the entire loan in 48 installments. It is pertinent to mention that the complainant was serving as an Asst. teacher under the D.I of schools ,Jajpur circle-17. The complainant also deposited the salary certificate before the O.P when the complainant became defaulter the O.P. time to time sent letters, messengers to the complainant to clear up the installments.

                        That as on 09.07.2012, 26.02.2013 and 05.07.2013 the O.P issued notice to the complainant for clear up the installments but due to  no response from the side of the complainant  finally the loan account became N.P.A. Finding no other alternative way the O.P. issued notice U/S 13(2) of the securitization and reconstruction of financial assets and encroachment of security interest Act-2002 to the complainant and the guarantor. The complainant received the notice. Thereafter the complainant issued an advocate’s notice to the Bank for OTS of the loan account. Thereafter the complainant approached the O.P. to settle the matter on the basis of one time settlement. The O.P. said that there is no term and condition in this loan to settle the outstanding dues on the basis of one  time settlement . At present  the outstanding dues of the loan amount Rs.1,79,402/- against the complainant as on 09.08.2015 . But the complainant without paying a single pie to the O.P for which he has filed the Case against the O.P without any cause of action and which is liable  to be dismissed.

                        On the date of hearing we heard the argument of learned advocate of both the parties. After hearing we have perused the record along with documents of both the parties in details.

            Admittedly the complainant has filed the present dispute against the O.P since the O.P has not settled the loan accounts on  OTS scheme. On the other hand as per pleading and documents available on record the O.P has given notice to the complainant under SARFASI Act-2002 on dt.06.12.2013 which is prior to filing of the present dispute. We have also gone through the judgement of Hon’ble Odisha High Court W.P(C) No.688 of 2011 along with Hon’ble National Commission R.P No.1600/2014 reported in 2015(2) CLT-Bank of India Vrs.Sudershan Kumar Mital.

In the instant case , it is revealed from the record and copy of the notice under SARFASI Act 2002 that the  notice has been dispatched on 06.12.2013 and thereafter the petitioner has filed the consumer complaint on 09.06.2015.

                        On the other hand regarding grievance of the complainant in our considered view that the Bank’s /  Financial Institutions applied their own policy (like OTS) to recover the outstanding (NPA) loan dues. Accordingly this  Fora has no scope to intervene the bank’s  own financial policy.

                        Basing on the pleadings and documents available on record and circumstances of the case and decisions cited above we are of the opinion that when the O.P. has  initiated  action under SARFAESI Act,2002  the subsequent C.C. Case filed by the complainant is not maintainable.

O R D ER

                        In the net result the dispute is dismissed.  While dismissing the dispute we are in the opinion that the petitioner is at liberty to approach the proper forum / Court  in respect of his grievance if he so likes. No cost.

                        This order is pronounced in the open Forum on this the 18th day of November ,2015. under my hand and seal of the Forum.                                                                                          

                  

 

 

(Shri Biraja Prasad Kar )                                                                   (Shri Pitabas Mohanty)                                                         

            President.                                                                                              Member.                                                                      

                                                                                        Typed to my dictation & corrected by me                                                                                                                                                            

 

 

 (Miss Smita Ray)                                                                             (Shri Pitabas Mohanty)                                                          

         Member.                                                                                               Member.