Orissa

Cuttak

CC/103/2023

Bikram Kishore Sahoo - Complainant(s)

Versus

Managing Director,Canara Bank - Opp.Party(s)

B K Sinha & associates

06 Jul 2024

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

                                                  C.C No.103/2023

Bikram Kishore Sahoo,

S/o: Late Karti Chandra Sahoo,

At:Alisha Bazar,Mangala Sahi,

Back side of Urdu School,

P.O:Chandini Chowk,Cuttack.                          ... Complainant.

 

          Vrs.

 

1.        The Managing Director,

Canara Bank,

No.112,JC Road,Bangalore-560002,

                  Karnataka.

 

2.       The Branch Manager,

Canara Bank,

229,Cantonment Road, Chandi Chowk,

                 Cuttack-753001.

 

3.       The Managing Director,

IDFC First Bank Ltd.,

Naman Chambers, C32, G Block,

Bandra Kurla Complex,Bandra.

 

4.       The Branch Manager,

IDFC First Bank Ltd.,

Ground Floor,Ratna Mandap,

Link Road,Cuttack-753012.                                            ….Opp. Parties.

 

Present:         Sri Debasish Nayak,President.

                      Sri Sibananda Mohanty,Member.

 

Date of filing:    31.03.2023

Date of Order:  06.07.2024

 

For the complainant:             Mr. B.K.Sinha,Adv. & Associates.

For the O.Ps No. 1 & 2:          Mr. B.C.Swain,Adv. & Associates.

For the O.Ps No.3 & 4:           Mr. D.P.Tripathy,Adv. & Associates.

 

Sri Debasish Nayak,President

Case of the complainant as made out from the complaint petition in short is that he had availed the loan for purchasing a smart phone amounting to Rs.13,226/- from O.Ps no.3 & 4 vide loan account number 23677018 and it was agreed to clear the said loan in 8 number of instalments @ Rs.1750/-.  O.Ps no.3 & 4 were instructed to deduct the said EMIs from the Savings Bank Account of the complainant which is with O.P no.2 vide Account number 1479108019276.  The complainant had sufficient balance in his account on 2.8.2019 but the EMIs were not deducted for which O.Ps no.3 & 4 had asked the complainant to pay those EMIs  in cash by going to their branch.  Accordingly, the complainant had deposited the said EMIs including the fine amount but ECS charges were deducted from his Savings Bank Account though he had sufficient balance in his account.  The complainant had intimated the O.Ps about the same on 20.11.2020 and 14.12.2020 but no effective step was taken.  On 16.11.2022, the complainant had also submitted written complaint to that effect against all the O.Ps before the Counselling Centre of Cuttack. On 21.9.2020 the NOC was given by O.Ps no.3 & 4 but on 5.10.2020 O.P no.2 had charged ECS charges amounting to Rs.11,578/-.  On 25.2.2023 after a settlement, the O.Ps no.3 & 4 had paid to the O.P no.2 an amount of Rs.5000/-.  But thereafter O.Ps no.1 & 2 had charged Rs.2479.20p from the complainant towards the said  ECS charges.  Having no other way out, the complainant has approached with his petition before this Commission seeking direction to the O.Ps to refund  the ECS amount to the tune of Rs.13,226/-  as charged from him together with an amount of Rs.1,50,000/- towards  his mental agony and harassment and further an amount of Rs.1,00,000/- towards his litigation expenses.  He has also prayed for any other order as deemed fit and proper.

          Together with his complaint petition, the complainant has annexed copies of several documents in order to prove his case.

2.       Though all the O.Ps have contested this case,  O.Ps no.1 & 2 have filed their separate written version  together whereas O.Ps no.3 & 4 have filed their separate written version jointly.

          From the written version of O.Ps no.1 & 2 it is made out that the case of the complainant is not maintainable which is barred by law of limitation.  According to them, the complainant has made false and baseless allegations as he had insufficient balance in his Savings Bank Account on 2.8.2019 and he had not paid the EMIs as agreed upon for which he was asked by O.Ps no.3 & 4 to clear those defaulted EMIs alongwith fine amount thereon.  The said ECS charges as levied were according to the prevailing laws and Banking guidelines where O.Ps no.1 & 2 have no role to play but those were deducted on automated process.  The due date for the ECS charge was on 2.11.2019 but it was debited from the account of the complainant on 267.2.2023.   Thus, they have prayed to dismiss the complaint petition as filed.

          Similarly, the O.Ps no.3 & 4 through their written version have stated that the case of the complainant is not maintainable which is liable to be dismissed.  They admit about the loan availed by the complainant through Loan Account number 23677018.  According to them, the statement of accounts of the complainant which is filed by the complainant himself, in this case vide Annexure-1 clearly reflects that ECS charged and when bounced due to insufficiency of funds, O.Ps no.3 & 4 had asked  the complainant to deposit the EMIs alongwith the fine amount manually.  Accordingly, the complainant had deposited the EMIs in his Loan Account lying with them together with the fine amount.  Thus, the O.Ps no.3 & 4 have prayed to dismiss the complaint petition as filed with cost.

The complainant has filed evidence affidavit here in this case but the same when perused, it appears to be a reiteration of the averments as made by the complainant in his complaint petition.

3.       Keeping in mind the averments as made in the complaint petition and the contents of the written versions of the O.Ps, this Commission thinks it proper to settle the following issues in order to arrive at a definite conclusion here in this case.

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps ?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Issue no.II.

Out of the three issues, issue no. ii being the pertinent issue is taken up first for consideration here in this case.

After perusing the complaint petition, written versions, written notes of submissions as filed from both the sides, evidence affidavit filed from the side of complainant as well as the copies of documents available in the case record, It is noticed that admittedly, the complainant had availed a loan amounting to Rs.13,226/- from the O.Ps no.3 & 4 vide Loan Account number 23677018 and had also agreed to repay the said loan in 8 number of instalments @ Rs.1750/-.  It is not in dispute that the complainant has a Savings Bank Account with the O.P no.2 vide Account number 1479108019276.  It is alleged by the complainant that though he had sufficient balance in his said Savings Bank Account lying with O.P no.2 as on 2.8.2019, ECS charge was levied upon him. But while scrutinising Annexure-1 which is the copy of account statement of the complainant, it is noticed that on the said date there was no sufficient balance available in his account.  Thus, the ECS charge as levied upon him by the O.Ps for bouncing appears to be justified.  Keeping the facts and circumstances of this case in mind, this Commission comes to a conclusion that there is no deficiency in service on the part of O.Ps as alleged by the complainant against them.  Hence, this issue goes against the complainant.

Issues no.i & iii.

From the discussions as made above, the case of the complainant is not maintainable and the complainant is not entitled to any relief as claimed by him.  Hence it is so ordered;

                                              ORDER

The case is dismissed on contest against all the O.Ps and as regards to the facts and circumstances of the case without any cost.

Order pronounced in the open court on the 6^th day of July,2024 under the seal and signature of this Commission.             

                                                                                 

                                                                                        Sri Debasish Nayak

                                                                                              President

                                                                                                   

 

                                                                                  Sri Sibananda Mohanty

                                                                                                             Member