Orissa

Jajapur

CC/59/2017

Sri Koustub Charan Panda - Complainant(s)

Versus

General Manager,SBI,Local Head Office Bhubaneswar. - Opp.Party(s)

Alok Kumar Pani

30 Jun 2018

ORDER

IN  THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                        Present:      1.Shri Jiban ballav Das , President

                                                                            2.Sri Pitabas Mohanty, Member,

                                                                            3.Miss Smita Ray, Lady Member.                     

                                             Dated the 30th day of  June,2018.

                                                      C.C.Case No.59 of 2017

Sri Koustub ch.Panda   , S/O  Late Madhabananda Panda  

Vill/  Pairakh, P.O. Brahmanigaon  , Via. Arei   

Dist.- Jajpur .                                                                                          …… ……....Complainant .                                                                                                       

                                                  (Versus)

1. General Manager, State Bank of India Local head office ,Bhubaneswar 

2. Chief Manager, State Bank of India, jajpur Town Branch ,At. Kotabasantapur

 P.O/ Dist .Jajpur  .

                                                                                                                               ……………..Opp.Parties.                                                                                                                                      

For the Complainant:                                    Sri A.K.Pani,Advocate  ,

For the Opp.Parties : No.1  and 2                 Sri P.K.Daspattnaik, Advocate.

 

                                                                                                        Date of order:   30 .06.2018.

SHRI  PITABAS MOHANTY, MEMBER  .

            Deficiency in banking service is the grievance of the petitioner.

            The facts as  stated in the complaint  petition  by the petitioner is that  the petitioner is a legal heir of late Madhabananda panda  and he also authorized by other legal heirs  to file the present dispute.  The petitioner’s  father was a rustic  villager who  kept a sum of Rs 80,000/- by way of fixed deposit before the O.Ps.  After computerization  the number of fixed deposit account has been changed from 896442 to 01291010277 .The petitioner father was getting  quarterly interest at the rate of Rs.2600/-  which was being  transferred  to S.B  A/C No.11308972669  and the said interest was credited to his S.B account till July 1996 .Thereafter the petitioner’s  father availed a demand loan against the said fixed deposit bearing No.01590060290 . After availing the loan the quarterly fixed deposit interest was credited to the demand loan account towards repayment of loan dues. After  some days the petitioner’s father suffered from various diseases  and died on 2012 . Thereafter the petitioner approached the bank official for  closer of the demand loan and released the fixed deposit bond but the bank official avoided it .The petitioner made representation to the Bank official and Reserve bank of India and Banking Ombudsmen   and also sent a advocate notice but in vain . Thereafter the petitioner finally made two numbers of representation i.e on 05.12.2015 and 12.08.16 but inspite of that no action has been taken by the O.P regarding the grievance of the petitioner . Accordingly the petitioner knocked the door of this Fora with the prayer   to direct the O.P  to pay the balance maturity value along with Rs.10,000/- towards compensation and cost                                                                                                                                                                                                                                                   

After notices the O.Ps did not choose to file written version  or objection  against  the prayer of the petitioner .Hence he has been set exparte vide order dt. 24.5.18

            We heard  the argument from the learned counsel for the petitioner .After hearing of the parties along with documents we are inclined to hold that the petitioner’s father made  a fixed deposit before the O.Ps for a sum of Rs .80,000/- .  As per statement of the S.B account filed from the side of the petitioner it is crystal  clear that there is an amount of Rs.2600/-  was credited to the S.B account  of the petitioner’s father  up to year 1996 .  

            On dt. 07.11.17  the O.P  filed a petition to  direct the petitioner to  furnish the Xerox copy of alleged  F.D or any such documents regarding the F.D in Bank or old A/C Number of his S.B A/C or any relevant document or slip for the said transaction . To provide such  documents or papers relating to his F.D and bank transaction  .So that O.P bank will be able to trace out the real fact 

about the case but the petitioner did  not file any documents against the petition of O.P Bank . In this point  it is our  considered view that since  the O.P Bank has  sanctioned a demand loan  against the F.D the original bond must be  with the O.P . On the other hand neither the O.Ps  have clarified  about the matter nor filed any written version within  specific time fixed by this Fora for which  we are constrained to accept the uncontroverted statement mentioned by the petitioner  in the complaint petition against the ops as per observation  of Hon’ble Odisha  State Commission reported in 2003-CLT-Vol-96-p-15 .C.D.Case No.37/02  wherein it is held that:

In absence of written version by the O.P, the  Commission is bound to accept the uncontroverted statement of the complaint petition.”

And

2013(1)CPR-507-N.C ,wherein  it is held that:-

            “In case written version not filed after several opportunity,   it has no defence on merit.”

Hence this Order

            The dispute is allowed against the O.Ps exparte .  The o.ps are directed to  refund the maturity value of the fixed deposit amount after deducting the  demand loan amount if any with up to date interest up to  date of realization within  one month after receipt of this order ,  failing which the o.ps are liable to pay 5,000 /- ( five thousand ) towards compensation  along with the awarded amount . No cost.

This order is pronounced in the open Forum on this the 30th  day of  June,2018. under my hand and seal of the Forum.