SMT.RAJASHREE AGARWALLA,MEMBER:-
Deficiency in service in respect of illegal ‘hold’ of Complainant’s S/B Account are the allegations arrayed against Ops.
2. Complaint, in brief reveals that, Complainant is a Saving Bank Account holder under STATE BANK OF INDIA, Main Branch, Kendrapara(Op No.1) bearing A/C No. 11387981922. Complainant long back availed a loan under PMRY Scheme sponsored by Govt. of ODISHA. The Complaint petition reveals that due to loss in business unit the payments were irregular, but Complainant was ready to repay the loan dues contact the Bank Officials and without furnishing any loan perticulars OP-Bank Put ‘hold’ into the S/B Account of the Complainant, for which Complainant sustained financial loss and mental agony. Hence, in the complaint it is prayed that a direction may be issued to Op-Bank to lift the ‘hold’ in the said S/B Account and to pay Rs. 25,000/- as compensation for financial loss, mental alongwith cost of litigation.
3. State Bank of India (Ops) appeared through their Ld. Counsel Mr. D.K.Kar and filed joint written statement into the dispute and submitting the facts it is stated that Complainant availed a loan to the tune of Rs. 87,500/- on dt. 12/05/2005 under PMRY Scheme sponsored by Govt. of ODISHA. It is averred that as per the agreement Complainant did not pay the EMI’s regularly and becomes defaulter, the Op-Bank was compelled put ‘hold’ to the complainant’s S/B Account by exercising the power of general lien. It is also averred that till dt. 05/04/2018 an amount of Rs. 1,46,370/- remains as outstanding loan dues against loan A/C No. 11388232687 and further the Op-Bank is persuading the Complainant to avail the benefits to the settle the loan under OTS, but the Complainant did not avail the oppertunity. Accordingly, the Complaint is devoid of any merit and is liable to be dismissed with cost.
4. Heard the authorized representative of Complainant and Ld. Counsel Mr. D.K.Kar appearing for the Op-Bank. In support of their respective pleadings Complainant filed attested Xerox copy of statement of S/B Account of Complainant alongwith copy of mini statement dt. 21/11/2017, the Op-Bank also filed statement of loan Account of Complainant bearing No. 11388232687 and statement of S/B Account of the Complainant.
The admitted facts of the dispute are that, Complainant is a S/B Account holder of Op-Bank bearing No. 11387981922 and the Complainant was availed a loan from the Op-Bank under PMRY Scheme sponsored by Govt. Of Odisha and was/is a defaulter in respect of clearing the loan outstanding dues. It is also admitted that Complainant’s S/B Account was put into ‘hold’ by Op-Bank for default in payment of loan outstandings.
On the admitted facts of the dispute it is crystal clear that for default in repayments of loan outstanding dues of Complainant, the Op-Bank has put into ‘hold’ the S/B Account of the Complainant. Equally, it is clear that prior to such ‘holding’ of S/B Account of Complainant, this Forum is in dark whether any notice of ‘action’ was issued to the Complainant loanee or not? However, the written version and submission of Ld. Counsel, appearing for Op-Bank during course of hearing suggested that, if the Complainant loanee applies to settle the loan account on OTS Scheme within the prescribed period same can be considered for benefit of the Complainant-loanee.
Considering the dispute and Ld. Counsel for Op-Bank it appears that the Op-Bank acts within the purview of Banking Rules and norms and extends its support to provide a relief to the Complainant-loanee by way of a OTS, this Forum feels to redress the grievance of the Complainant-loanee in this prospect. Hence, it is directed that Complainant-loanee has to file a representation within the time limit before the Op No.1Bank alongwith other formalities to settle the dispute as per the scheme available for benefit of the loanee, if the Complainant fails to comply the order, the Op-Bank is at liberty to take appropriate action against the Complainant-loanee. The I.A. Misc Case No. 44/17 which arises out of the present case is dropped on dt. 08/12/2018 and the Op-Bank not to take any coercive action against the Complainant-loanee till compliance of the order.
Complaint is allowed in part without cost.
Pronounced in the open Court, this the 28th day of November,2018.
I, agree.
Sd/- Sd/-
PRESIDENT MEMBER
