Extract Order No. 23 dt. 11.01.2019
Authorised representative of complainant and Ld. Counsel for OP-Bank being present filed their respective haziras. Heard the arguments advanced by the parties and perused the documents filed into the case. The admitted facts of the case are that complainant’s husband is working in the office of the Dist.Consumer Disputes Redressal Forum,Kendrapara being State Govt. employee and his monthly salary is credited to the S/B Account bearing No.11157668069, which operates with the OP-Bank. It is alleged that complainant’s husband took a loan of Rs.1.00 lakh from OP-Bank in the year 2013 for higher study of his son and subsequently loan was cleared on dtd.10.06.2015, but on dtd.04.11.2017 when complainant went to withdraw the amount found that the account is put into ‘hold’ by OP-Bank and according to complainant such illegal ‘hold’ of the S/B Account is deficiency in service on the part of the Op-Bank. Hence, preys this forum seeking directions to ‘lift’ the hold alongwith compensation and cost of litigation.
Countering the allegations, OP-Bank in their written statement states that complainant’s husband namely Mr. Alok Kumar Das, who is serving as Senior Clerk in the office of Dist.CDR Forum,Kendrapara availed a loan of Rs.1.00 lakh on dtd.19.08.2011 as the complainant’s husband was not paying the dues regularly and an amount of Rs.72,694/- is pending till dtd.16.11.2017. It is also stated that as the loan account of the complainant’s husband linked with his S/B Account and on its default to repay the dues, the account is put into ‘hold’ as per the RBI Guidelines, and U/S-171 of Indian Contract Act. Accordingly, the OP-Bank has acted in accordance with law and no deficiency in service has been committed by the OP-Bank as alleged.
The admitted facts of the case are that complainant’s husband namely Mr. Alok Kumar Das is serving in the office of the Dist.CDR Forum,Kendrapara under Deptt. of food Supplies & Consumer Welfare Department,Govt. of Odisha,Bhubaneswar. It is also admitted fact that, complainant’s husband was having S/B Account bearing No.11157668069 on OP-Ban, and complainant’s husband in the year2013 took a loan amounting of rs.1.00 lakh from the oP-Bank and certain amounts are pending till-date towards repayment of loan dues. It is further admitted that, the loan account of the complainant’s husband was put into ‘hold’ by OP-Bank for recovery of loan dues.
In the circumstances, when there is an outstanding remains pending towards repayment of loan dues as admitted by the complainant in her petition dtd. 07.12.2018 and preys this Forum seeking a direction for certain concessions for repayment of loan dues, we are of the opinion that, without going to the detail merits of the case without finding any fault with the parties and when the loanee is ready to repay the loan dues with certain concession, it will be practical, if a scope/opportunity is given to loanee-employee within the norms of the Banking rules, for repayment of loan dues.
In the case in hand, in our opinion if the grievance of the complainant for waive of compound interest is considered by the OP-Bank authorities under Banking Rules/norms/schemes will be fair to redress the complaint of the complainant.
Accordingly, the complaint is disposed of without any cost.
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Member President