Orissa

Jajapur

CC/31/2017

Sri Maguni Charan Sahoo - Complainant(s)

Versus

Manager,Central Co-Operative Bank Ltd,Jajpur Branch. - Opp.Party(s)

Ananta Basudev Mishra,Samarendra Das

04 Dec 2017

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 4th day of Decembermber,2017.

                                                      C.C.Case No.31 of 2017

Sri Maguni ch. Sahoo , S/O Late Sanatana Sahoo

Vill. Baliposi , P.O. Ranigoda , P.S. Panikoili 

 Dist.-Jajpur.                                                                            …… ……....Complainant .                                                                   .                                      (Versus)

1.Manager, Central Co-operative Bank Ltd, Jajpur Branch 

 At./P.O/Dist. Jajpur.

2.Secretary,Malandapur Service co-operative Society, At.Malandapur

P.O. Rudhia, P.S.Jajpur Sadar, Dt.Jajpur.

                                                                                                                          ……………..Opp.Parties.                  

                                                                                                                            

For the Complainant:                            Sri A. B. Mishra , Sri S. Das, Advocates.

For the Opp.Parties : No.1 and 2          Sri B.K. Jena, Advocate.

                                                                                                     Date of order:   04.12.2017.

MISS  SMITA  RAY, LADY MEMBER  .

            Deficiency in banking service is the grievance of the complaint.

            The fact  as stated by the petitioner in the complaint petition is that the petitioner is a bonafied  member/ share holder of Mangalpur co-operative society ( O.P.no.2) vide membership no.766 by depositing Rs.50/- The O.P.no.1 is the appex body of O.P.no.2 and has  over all controlled authority day to day work of O.P.No.2 .

            That the petitioner is a marginal farmer to whom a cheque book has been issued by the O.Ps  which contains 10 numbers of cheque bearing no.  258471 to  258480  to  draw the loan amount to be credited in his loan account  under KCC loan scheme .That the said loan pass book regularly updated by O.P.no.2  and due to his regular payment of loan amount the O.Ps  issued him a gold card .That on 19.04.05 the petitioner had obtained a loan of Rs.20,815/- from the O.Ps for khariff crops and repaid the loan amount latest by 18.2.06. Thereafter the petitioner again availed a KCC loan of Rs.22,495/- on 18.04.06 and repaid the entire loan amount in three installments out of which Rs.7000/-  on 24.4.06 which reflected in the loan account  but it was wrongly mentioned in the loan registered as 20.04.06  as per information availed  by RTI . and Rs.5000/-  repaid on 20.03.07 and balance loan amount of Rs.10,495/ including interest was repaid  on  23.3.07 . Thereafter the petitioner has not availed any  loan from O.P.No.2 . The details payment and repayment of loan has been mentioned in the loan pass book and has been  countersigned by  O.P.no.2  .Though the petitioner is not a  defaulter in repayment of  loan amount of the O.Ps . but all on a sudden in 1^st week of March 2017 the  O.P.no.2  asked the petitioner  to deposit a sum of Rs.40,433/- towards the loan outstanding with interest . But it is pertinent to mention here that the petitioner never availed any loan from the O.Ps after the last transaction i.e on 23.3.07 on which date he cleared up all the loan dues with interest .

            Thereafter the petitioner sought information through RTI the copy of loan register  on 20.03.17 and observed that the O.P.no.2  falsely made entry in the loan register  that he had availed a loan of Rs.22,495/- on 09.04.07 and thereupon the interest there was calculated till 25.03.14 which comes to extended of Rs.40,433/- .Hence the petitioner approached the O.P regarding his grievance on 10.04.17 and accordingly finding no other alternative the petitioner  knocked the door of this fora with the prayer to direct the O.Ps to waive out the illegal demand of Rs.40,433/ and pay compensation of Rs.10,000 /- for mental agony.

            Though the O.Ps appeared through their learned  advocate  but subsequently did not choose to  file any objection/ written version  in time  besides several opportunity given by this for a . Hence , they have been set exparte vide order dt. 30.10.17 .

            On the date of hearing we heard the argument from the side of the petitioner and after perusal of the record  along with  documents  in details we observed that

1 it is undisputed fact that the petitioner is a member/ share holder of O.P.No.2   and  has availed KCC loan in difference agricultural khariff seasons.

2.It is also a fact that there are some dates  differs  in KCC loan pass book and loan register   .Similarly in the present case though several opportunity has been given to the OPs for filing written version /  objection as against the complain petition of  the petitioner but the O.Ps fails to file the written version  in time and they have been set exparte.  Hence  we are not hesitant  to accept of the statement in the complaint petition of the petitioner  as uncontroverted. In view of the observation of the appellant Forum stated below:-

2003-CLT-V0l-96-p,15-para-4 –C.D.no.37/02, SCDRC, Odisha, wherein it is held that

“Absence of written version  commission is bound to accept the uncontroverted  statement made in the complaint petition “.

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

            “ In case written version  not filed on several opportunity it has no defense on merit “.

Hence this order

Owing to the above narrated observation as well as facts and circumstances  of the case , the blame is to be placed at the door of O.Ps  only .As such to meet the ends of justice we allow the dispute.

            The O.Ps are directed to waive out / not to collect the illegal demand of Rs.40,433/- from the petitioner . No cost.

                        This order is pronounced in the open Forum on this the 4th day of December,2017. under my hand and seal of the Forum.