MRS RAJASHREE AGARWALLA, MEMBER-

          Deficiency in service in respect of illegal withholding the Salary Account of the Complainant by the Op-Bank are the allegations arrayed against the Ops.

2.                  Complaint in  brief reveals that, Complainant being a Central Govt. employee working as Superintendent in BSNL having his S/B Account, at State Bank of India, Kendrapara Main Branch, bearing A/C No. 11388083847, where his salary and other service benefits were credited. Complainant in order to purchase a car availed a loan to the tune of Rs. 3,60,000/- from Op-Bank on August-2010 and the loan A/C No. is 3134521689. As per the terms & conditions, the loan has to be repaid within 7  years or 84 months with a EMI of Rs. 5, 662/- and the EMI payment starts from Sept- 2010. It is revealed from the complaint petition that though the period of EMI’s completes on August-2017, the Op-Bank without any prior Notice seized/hold the Salary Account of the Complainant, for which Complainant including his family members suffers a lot. The Complaint is filed with prayer that a direction may be given to Op-Bank to lift the ‘hold’, to credited  Rs. 2300/-, which was debited on dt. 12/10/17 along with compensation of Rs. 5,000/- for mental agony.

3.                Upon receipt of Notice Op-Bank appeared through their Ld. Counsel Mr. R.P.Lenka and Associates and filed reply version to the dispute. In the parawise replies OP-Bank denies the allegations of the Complainant and submitting the facts of the case, it is averred that Complainant to purchase a Maruti Waganor DUOLXI Car availed a loan to the tune of Rs.3,60,000/- was credited to loan A/C  No. 31354521689. It is also averred that  as per the agreement the Complainant- loanee has to square up the loan dues on 84 monthly installments, which starts from Sept-2010 and completes on Sept-2017.Different EMI’s were fixed per month to complete the loan dues including accrued interest within the schedule closure of loan Account. It is further revealed that Complainant was a defaulter in respect of payment of EMI’s as a result an amount of Rs. 63,167/- is pending as outstanding dues upto dt. 8/11/2017. As the Complainant-loanee is a regular customer of the Op- Bank knows very well about the position of his loan Account did not take any fruitful step to clear the pending outstanding dues, the Bank was compelled to ‘withheld’ the S/B Account of the Complainant as a precautionary measure and safeguard the public money. The Op- Bank also states no deficiency in service has been committed, by Op- Bank and no ill intention to harash the Complainant, accordingly, the Complainant is to be dismissed against Op- Bank.

 4.            Heard the Complainant who appeared in person and Ld. Counsel for Op- Bank, perused the documents filed by the parties. It is an admitted fact that Complainant is a S/B Account holder of Op- Bank bearing S/B A/C No. 11388083847 and in order to purchase a car availed a loan to the tune of Rs. 3,60,000/- is to repaid within 84 months or 7 years which starts from Sept-2010 and completes on Sept- 2017. It is also admitted fact that Complainant’s S/B Account kept ‘hold’ for irregular payment in loan Account. During course of hearing both the sides blames each other to substantiate their respective stand. It is the submission of the Complainant that as per the terms and conditions of sanctioned loan, it was agreed between the parties that as the salary saving account remains with the Op- Bank and there was an auto-deduction facility to repay account and Op- Bank in their own fault has not deducted the agreed monthly EMI’s from Complainant’s Saving Account. On the other hand it is the plea of the Op- Bank that, though there is an auto-deduction facilities and it was agreed that complainant will pay the monthly EMI’s on 24 th day of every month, but prior to that Complainant cunningly withdraw the total salary amount which was insufficient towards re cover of monthly EMI’s from Complainants S/B Account.

                Considering the submissions of the Parties and without digging. The  muddy earth the fact remains that Complainant has not, paid certain monthly EMI’s, which are the legimate dues of the Op- Bank towards finance of the vehicle.  It appears from the written statement and statement of loan account of the Complainant-loanee that an amount of Rs. 63,167/- is pending on the Complainant till dt. 8/11/2017 excluding the other charges. We, feel it appropriate that  if the said amount is paid on fixing some monthly installments, it will solve the purpose of the parties. The I.A. Misc case No. 41/17, which arises out of the present C.C.Case is here by disposed as per the order of the C.C.Case.

                Having observation reflected above it is directed that out of total arrear outstanding of Rs. 63,167/- till dt. 8/11/17, Complainant will pay Rs. 60,000/- in 6 equal monthly installments i.e, Rs. 10,000/- (Rs. Ten Thousand only) per month starting from April-2018 without any interruption and the remaining balance amount of Rs. 3,167/- including other charges if any, will be paid within a month of completion of payment of arrear outstandings of Rs. 60,000/-. Deviation on any manner to this order will initiate action as per the provisions of C.P.Act 1986.

                Complaint is disposed of  without any cost.

                Pronounced in the open Court, this 26th day of February, 2018.               

                  I, agree.                             I, agree.                

                    Sd/-                                    Sd/-                            Sd/-

              MEMBER                         PRESIDENT              MEMBER