J U D G M E N T.
Mrs. SUSMITA MISHRA, PRESIDENT :-
The Consumer Complaint No. 101 of 2021 is taken up today for order. The complainant in this case is Sri Narahari Sahoo, has filed this complaint U/s 35 of Consumer Protection Act, 2019 seeking the following reliefs.
“ make an appropriate direction to settle the matter amicable and operate the account and also for one time settlement and also pass any other appropriate order(s)/direction(s) just deem fit and proper in the facts and circumstances of this case.”
Brief facts of the case :
- The complainant had availed a loan i.e. the sanction amount of Rs.7,43,000/- (Rupees seven lakhs forty three thousand) only on 09.07.2015 in which the terms of deposit is 72 months with the rate of interest is @ 10.15 % vide Loan Account No. 3364768000008 by the O.P. It is also stated by the complainant is that he had paid the installment dues regularly. It is further stated by the complainant in his complaint petition, in the slight delay, for which the above O.P. imposed penal interest charge against the complainant. Further it is stated by the complainant that he had mortgaged his valuable landed properties for the purpose of security. According to the complainant, the O.P. i.e. the Bank Authority is charging interest as well as over dues during the Covid-19 and imposed penalty upon the complainant as well as stopped his Account marked as N.P.A. without given any prior notice to the complainant which amounts to unfair trade practice and deficiency in service. On 08.04.2021 when the complainant went to the O.P. Bank for payment of installment dues, the O.P. did not received the said amount and disclosed that the Account of the complainant became N.P.A. As a result, finding no other alternative filed this case before this Commission.
- After received the notice, the O.Ps appeared through his learned advocate. The case of the O.P. is that learned advocate on behalf of the O.P. filed their written objection and submitted that the case is not maintainable in the eye of law as the allegations made in the complaint petition are all false and frivolous and the court has no jurisdiction to entertain this complaint. Further the O.P. submitted that there is no cause of action and also submitted that the complainant in order to make illegal gain and to escape from paying the outstanding dues and prayed for the above complaint petition is liable to be rejected with costs. But no para-wise explanation is mentioned/written in the objection filed by the O.P.
- The complainant as well as his learned advocate were absent till the date of argument. Heard the learned counsel of the O.P. Perused the record and documents filed by the complainant as “Statement of Account for General and Agri Advances for the period 01.01.2000 to 31.08.2021, vide Customer Id/ Name : 98343870, Narahari Sahoo, bearing Account No. 3364768000008 [xerox copies, Page 1-5, Annexure-I]
On the other hand, no documents filed by the O.P. Bank.
- In view of the complaint petition filed by the complainant and objection filed by the O.P., the only point for determination is whether the cause of action arise or not ?
- As per record, in the complaint petition, the complainant is stating that he had availed a loan i.e. the sanctioning amount of Rs.7,43,000/- (Rupees seven lakhs forty three thousand) only from the O.P. on 09.07.2015, containing 72 installments with rate of interest is 10.15 % vide Loan Account No. 3364768000008. It is further stated by the complainant that on 08.04.2021 when the complainant went to the Bank for payment of installment dues, the O.P. did not receive the amount and O.P. disclosed that the account of the complainant became N.P.A.
In the present case, we have seen that no cause of action arose against the O.P.The complainant has nowhere explained and not produced any documentary evidence for the above said date i.e. 08.04.2021.We find that the loan availed by the complainant through the above said O.P. on 09.07.2015 and the complaint petition was filed on 07.09.2021 which was also much beyond the two years period stipulated under the C.P. Act, 2019 [C.P. Act, 1986].
Thus, there will be different causes on the same incident and the cause of action is identified on the basis of relief claimed, on whom it is claimed, privity, the cause and effect etc.
Rather, we seen that as per the documents filed by the complainant overdue charges amounting Rs.6,46,380.51 (Rupees six lakhs forty six thousand three hundred eighty and fifty one paisa) only imposed upon the complainant by the O.P. [Xerox copy of Annexure-I].
Therefore, under the facts & circumstances and on consideration of the materials available on record, it appears to us that the said complaint; petition, having no cause of action & as such is not maintainable in the eye of law.The allegations were found to be false & the complaint petition was found to be frivolous & vexatious which resulted in harassment to the O.P. & we are not inclined to accept the version of the complainant.
In the light of the above discussion, the expression “cause of action” has been dealt with by the Hon’ble Bombay High Court in Narayan Givaji ..Vs.. Gurumath Gouda, AIR 1939 Bombay, the Bombay High Court gone the meaning of cause of action as under :
“A cause of action briefly means ‘right & the infringement of that right’ where a party has an undoubted right & that right is infringed, a cause of action at once accrues to him”.
The point of limitation & jurisdiction arises from cause of action.
In this case, we are relying upon another observation of Hon’ble National Commission, in M/s Singal Udyog..Vs.. National Insurance Co. Ltd. & Ors, 2022 (4) CPR 265 (N.C.) is relevant which reads as follows :
“ Unclean Hands – If a Consumer does not approach the Consumer Protect Fora with clean hands & clear conscience & indulges in unethical conduct of projecting fake claims just to exploit a situation or occurrence such an exercise can neither be encouraged nor approved”
O R D E R.
After going through the entire record we are unable to reach at any conclusion as on what basis, the O.P. is deficient in service. The present complaint petition has no legal basis & devoid of any merit and accordingly dismissed.
Pending applications if any also stand dismissed accordingly.
Issue extract of the order to the parties for compliance.
Order pronounced in the Open Commission on this the 21st day of April 2023.
