DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHAMAL, PHULBANI
C.C.NO.19 OF 2016
Present: Sri Rabindranath Mishra - President.
Miss Sudhiralaxmi Pattanaik - Member .
Sri Purna Chandra Tripathy - Member .
Sri Kumar Kanhar, aged- 29 years
S/O: Uma Ch Kanhar Village: Langarkhale
PO/PS: Tikabali Dist: Kandhamal. ……………………….. Complainant.
Versus.
Sri Binod Mohanty
Branch Manager, State Bank of India,
Tikabali branch. At/PO/PS:Tikabali Dist : Kandhamal
…………………………….. OPP. Parties.
For the Complainant: Sri Pradip Kumar Sahu, Advocate, Phulbani
For the OPP. Parties: Sri V.V Ramadas Advocate,Phulbani
Date of Order: 16-01-2017
O R D E R
The case of the Complainant in short is that he is a bonafide consumer under the Opposite Party having S.B.I Account bearing no.11669806521 with A.T.M facility. The salary of the Complainant is being deposited in his account in every month as he is a Government servant. The Complainant had availed a loan from the O.P bank to the tune of Rs. 205000/- and Rs.4802/- was fixed as monthly installment for deduction since November 2015. The O.P deducted Rs.2071/- from the loan account of the Complainant on the date of sanction of the loan. Thereafter the O.P insisted him to open one S.B.I life insurance policy and Rs.15,000/- was deducted from his account but neither any money receipt nor any policy bond has been supplied to the Complainant. The O.P bank has not deducted the installment of the loan amount as per the condition and deducted Rs. 11,000/- at a time on 8th February 2016. On complain the O.P set holds his account, as a result of which the Complainant could not operate his ATM. Then he intimated the O.P but no action was taken by him. So he issued a pleader notice to the O.P through his Advocate with a request to release the amount but the O.P replied that the account was set hold by Sankarakhole branch. As the Complainant was suffering mentally and financially he has filed this complaint for deficiency in service of the O.Ps. He claimed
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compensation of Rs. 60,000/- along with Rs.10,000/- as cost of litigation. He also claimed Rs. 15,000/- from the O.P which was deducted by him towards S.B.I life Insurance.
The case of the O.P as per his version is that actually the EMI of the loan installment was Rs. 4802/- but inadvertently the bank deducted Rs. 2,071/- with effect from November 2015. When the O.P noticed the same on 08-02-2016 he deducted Rs. 11,000/- from the account of the Complainant and the loan account was regularized since March 2016. The S.B.I life Insurance is separate establishment for which the Complainant has to receive the bond from life Insurance directly but not from the O.P. It is learned from his enquiry that the account of the Complainant was hold by the S.B.I, Sankarakhol branch for other reasons. Hence, there was no deficiency in service on the part of the O.P.
The further case of the O.P is that the complaint is not maintainable and this Hon’ble Forum has no jurisdiction to entertain the complaint. As the Complainant suppressed the material fact the complaint is liable to be dismissed with costs.
We have heard the counsel of both the parties. We have gone through the complaint petition, version filed by the O.P and the documents filed by the parties. The soul point for consideration is that whether the O.P set hold the S.B.I account of the Complainant or not? The plea of the O.P is that he came to know from the system that the S.B.I, Sankarakhol branch set hold the S.B.I account of the Complainant for some reason. This matter was reflected on the reply dated 01-04-2016 of the O.P which was given to the Pleader of the Complainant but the Complainant had not clarified about this in the branch of Sankarakhol. The Branch Manager, S.B.I, Sankarakhol branch was also not made as a party by the Complainant. So, in the absence of B.M Sankarakhol branch this issue can not be considered. It is clearly admitted by the O.P that he deducted Rs. 2071/- with effect from November 2015 erroneously and after notice the mistake, they deducted over dues account of Rs. 11,000/- on 08-02-2016 and regularized the S.B account of the Complainant since the month of March 2016. So, there is no specific evidence against the O.P to prove that the O.P had committed deficiency in service on his part.
In the light of above discussion the complaint filed by the Complainant is dismissed but the Complainant is at liberty to file separate complaint against S.B.I Life Insurance in order to get his Insurance bond as per provision. With this direction the C.C is disposed .The interim order passed by us on 08-08-2016 is hereby vacated.
Supply free copies of this order to both parties at an early date.
MEMBER MEMBER PRESIDENT
