Orissa

Cuttak

CC/24/2017

Hrudananda Rana - Complainant(s)

Versus

Branch Manager,Urban Co-Opearative Bank - Opp.Party(s)

B N Udgata

16 Apr 2022

ORDER

IN THE COURT OF THE DIST. COINSUMER DIUSPUTES REDRESSAL COMMISSION,CUTTACK.

                                                                                C.C.No.24/2017

           Hrudananda Rana,

S/O:Late Padmanav Rana,

At:Kathagada Sahi,(Rana Sahi),

P.O:Buxibazar,Town/Dist:Cuttack.                                                      ... Complainant.

 

                                                Vrs.

1.        Branch Manager,

Urban Co-operative Bank,Main Branch,

At:Tinkonia Bagicha,

Town/Dist:Cuttack.

 

2.      Chief Executive-cum-Secretary,

Urban Co-operative Bank,

Head Office At: Tinkonia Bagicha,

Town/Dist:Cuttack

 

3.      General Manager,

Urban Co-operative Bank,

Head Office At: Tinkonia Bagicha,

            Town/Dist:Cuttack

 

.... Opp. Parties.

 

Present:               Sri Debasish Nayak,President.

                                Sri Sibananda Mohanty,Member.

 

Date of filing:    23.02.2017

Date of Order:  16.04.2022.

 

For the complainant: Sri B.N.Udgata,Adv. & Associates.

For the O.Ps:                      None.

Sri Sibananda Mohanty,Member.

 

            The complainant has filed the present case against the O.Ps alleging deficiency in service as well as unfair trade practice adopted by the O.Ps.

1.The complainant’s case is that he had availed house building loan from the O.P’s bank under loan account No.H.R/1010/5D amounting to Rs.75,000/- to repair his dilapidated residential building by mortgaging the same.  The complainant utilized the said loan amount for repairing his house.  He could not pay the loan instalment due to prolonged illness of his wife, who is suffering from cancer.   The complainant was interested for settlement of loan dues.  Accordingly, through his letter dt.2.3.2007,5.3.2008,8.3.2009,7.8.2010,9.3.2011,12.3.2012 and 3.10.2013 he had requested the O.Ps to provide him the loan details enabling him for timely repayment. But the O.Ps did not furnish any information rather, threatened to take coercive action against him.  The O.P bank vide its letter dt.4.12.2013 intimated the complainant that proposal for O.T.S is not acceptable.   The complainant in reply to such letter had sent a letter vide letter dt.10.12.2013 requested the O.P bank to supply the O.T.S scheme floated by the O.P bank in order to know the scope and ambit of the scheme and also requested therein to supply the above documents, such as loan documents including loan agreement, loan sanctioned letter, date of loan, type of loan and the repayment schedule and the statement of account of the loan account to enable him to settle the loan dues.  The bank did not respond to such letters of the complainant.  Hence the complainant again on 10.8.2014, 05.08.2015, 02.03.2016, 07.08.2016 and 14.02.2017 represented O.P;Bank to give the documents for settlement of loan dues.  The O.P bank did not supply a single document as required by him.  It is alleged by the complainant that the officials of O.P bank have focused on his only residential building with an ill intention to sell the same in a throw- away price to their near and dears and for that reason, the O.Ps are not providing the documents as requested by him.  Hence the complainant has filed the complaint case with a prayer for a direction to O.P to settle the loan outstanding dues and waive out the interest charged illegally and compensation and cost of litigation.

2.The O.P.1 after receiving the notice appeared before this Commission but did not file written version.  The O.P.2 & 3 did not appear.  Hence all the O.Ps were set exparte.

3.The complainant in order to prove his case has filed evidence on affidavit.  It is not disputed that the complainant has availed loan of Rs.75,000/- for repairing his dilapidated house.  Due to financial stringency he could not repay the instalment dues in time.  However, he has requested the bank to provide the loan details with an intention to settle the dues.  Hence it is proved that the complainant has no intention to defraud the bank by availing loan amount.  The O.Ps are not providing the required loan details.  The documents filed by the complainant as Annexure-3, so also exhibited as Exhibit-3 reveals that the bank is not interested for O.T.S proposal of the complainant.  The O.Ps have not specifically stated in that letter as per which provision, OTS proposal of complainant cannot be considered.  They also have not whispered any word about R.B.I guidelines to that effect.  The complainant is interested for repayment of loan dues by way of settlement but due to high handedness of the O.P bank, he could not settle the loan amount.  Hence it is a clear case of deficiency in service and unfair trade practice by the O.Ps.

4.In the absence of the O.Ps, who though have received notice have not filed their written version nor contested the case, this Commission can safely conclude that the averments made in the petition of the complainant are found to be true.   Hence ordered;

                                                                      ORDER

This Commission directs the O.Ps to provide loan documents to the complainant as per his representation dt.14.02.2017, so that he can apply for one time settlement or prepay the loan dues.It is also directed that the O.P bank is estopped to charge interest which has been charged illegally against the complainant from 14.2.2017 till compliance of this Commission order.It is also directed to the O.Ps to pay Rs.10,000/-(Rupees ten thousand) only towards compensation to the complainant.The above order should be complied by the O.Ps within a period of 30 days hence.

Order pronounced in the open court on the 16^th day of April,2022 under the seal and signature of this Commission.

                                                                                                                       

                                                                                                                            

                                                                                                                         Sri Sibananda Mohanty

                                                                                                                            Member.

 

 

                                                                                                                                Sri Debasish Nayak

                                                                                                                                        President