DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: BHADRAK
Dated the 11th day of February, 2021
C.D Case No. 84 of 2019
1. Shri Basanta Kumar Mallick, Presiding Member
2. Afsara Begum, Member
Sri Jitendra Kumar Das
S/O Sri Basanta Das
Vill- Jirina,PO- Adia , Ps- Bonth
District- Bhadrak. ………….. Complainant.
Versus
- The Branch manager
Bank Of Baroda, Adalapank Branch
At- Adalpanka, Vill/Po- Adalpanka, Ps- Bonth
District- Bhadrak…………Opposite Party.
Counsel For Complainant: Sri Binaya Kumar Swain & others.
Counsel For the OP : Sri Atish Kumar Behera & others
Date of hearing: 20.11.2020
Date of order: 11.02.2021
BASANTA KUMAR MALLICK, PRESIDING MEMBER
This dispute arises out of a complaint filed by the complainant alleging deficiency of service and unfair trade practice against the O.P.
The facts of the case as narrated in the complaint are to the effect that complainant was selected for taking loan from O.P. Bank under P.M.E.G.P. scheme for the year 2014-15 through D.I.C. Bhadrak for the scheme of D.T.P. and Mobile repairing shop at the cost of project was Rs.6,00,000/- (Six lakhs only). That after compliance of all formalities by the complainant and after depositing of all document before Bank, Manager demanded bribe of Rs.60,000/- (sixty thousand only) to the complainant and demanded signed blank cheque for security . O.P. Bank released Rs.2,20,000/- (two lakhs twenty thousand only) in favour of complainant on dt. 14.03.2015 and misused the blank cheques. The complainants approached different higher authorities of O.P. Bank alleging misuse of blank cheques but the authorities of Bank did not take any action against the O.P. The O.P intentionally & deliberately committed deficiency of service towards the complainant for which complainant filed this case before this Commission.
O.Ps objected the claim of the complainant and contested the case
1. that, the O.P filed his written statement denying all the false allegations as fabricated and imaginary. The case was that the complainant was nominated for P.M.E.G.P. loan for the year 2014-15 under service sector with a scheme of D.T.P. and Mobile repairing shop and the cost of project was Rs.6,00,000/- (Six lakhs only) out of which 5% was margin money i.e. Rs.30,000/- had to be contributed by the loanee (Complainant) and O.P. Bank in favour of complainant finance was Rs.5,70,000/- After getting letter from D.I.C. the 1st installment of loan i.e. Rs.2,20,000/- was released by O.P. Bank on dt/16.03.2015 for making repairing shop at complainant’s village and ‘to purchase other assets to carry on the project. But the complainant in spite of constructing a shop shed submitted an affidavit before O.p. Bank that he has taken a house on rent from his grandmother which is totally false and fabricated document.
2. That, when the complainant did not utilize the released loan amount in proper way i.e. for D.T.P. and Mobile repairing business, then the O.P. Bank on dt. 11.05.2015 sent a letter to complainant with regard to progress of project work and requested to complainant in that letter to complete the project in time, so that the loan repayment can be started out of the cash flow generated and the complainant has received the said letter and has also signed in the office copy of said letter. But the complainant did not submit any utilization report with regard to release funds amount. That on 19.06.2015 joint verification was conducted by O.P. Bank and D.I.C. Staff i.e. I.P.O, Bonth Block in presence of complainant and they found the project has not been completed after passing of three months, no utilization of released funds has been submitted by complainant and complainant has also signed in the said joint verification report. That, lastly the O.P. Bank was forced to recall of credit facility and on dt.24.06.2015 O.P. Bank sent a letter to complainant mentioning therein that ‘The Bank recalling the credit facility with immediate effect and also informed the complainant that the entire disbursed amount of rs.2,20,000/- along with contracted rate of interest is due from him. That, after receiving the information about recall of credit facility from O.P. Bank, the complainant has filed so many petition before different authorities , only to avoid for repayment of loan dues. So, the complainant had no intention and interest to run the project and only to take loan from O.P. Bank he had applied for P.M.E.G.P. but diverted the funds in other way.
3. That, the cause of action arose on 24.06.2015 when the Bank issued recall credit facility but complainant has filed this case before this forum on dt. 25.11.2019, so this dispute is barred by law of limitation.
4. That, in the entire complaint petition, the complainant has not ascribed or made out any deficiency of service on part of the O.P. Bank towards the complainant and complainant is not entitled to get any relief and he has not sustained any mental agony or loss and this case has been filed only to defy the repayment of loan dues. On the above facts and circumstances, the petition of complainant be dismissed with cost.
Heard both sides and perusal of record found that complainant . has been selected for availing loan from O.P. Bank under P.M.E.G.P scheme for the year 2014-2015 through D.I.C, Bhadrak and the complt. was selected by D.I.C. for the scheme of D.T.P. and mobile repairing shop at the cost of project was Rs.6,00,000/-(Rupees six lakhs only). After the compliance of the formalities, the complainant deposited of all documents before the Bank.
Exhbt. 1( Daily News Paper Samaya dt. 11.06.2015. attached herewith shows that Branch Manager, Adhalpank, Mr. Debi Prasad Samant demanded Rs.60,000/-(Rupees sixty thousand) as bribe money from complainant when the complainant refused to pay the bribe money, the Branch Manager blackmailed to complainant and taken a signed Blank cheque and harassed the complainant. Complainant has lodged F.I.R. before Bonth P.S. on dt. 08.06.15 & the Branch Manager compromised the case with the complainant . The compromise petition executed on dt. 08.06.2015 and that letter shows that the O.P. has sanctioned the loan amount in favour of complainant within six months from the date of compromise. But the Branch Manager, Adhalpank fraudulently recalled the loan account on dt. 24.06.2015 .The Branch Manager has also sent a notice to complainant for co-operation with Branch for granting loan in favour of complainant . It is further argued that the land documents which has been submitted by the complainant before Branch Manager, Adhalpank and the land belongs the grandmother of complainant and the grandmother of the complainant executed an agreement in favour of Jitendra Kumar Das on dt.30.01.2015 . The complainant filed a complaint before Uco L.D.M, Bhadrak and Banking ombudsman BBSR. The total Bank Transaction for sanction loan amount produced by complainant and all the transaction regarding sanction the loan amount reflected there on and it is question mark on which circumstances the complainant loan amount, being transacted Rs.2,20,000/-(Rupees two lakh twenty thousand) on dt. 16.03.2015, but in a fraudulent manner the Branch Manager transacted total loan amount Rs.6,00,000/-(Rupees six lakhs) till 13.07.2017. It is further argued that, the O.P. reflected in his argument that total Rs.2,20,000/- has been sanctioned by the Bank Manager and rest amount Rs.3,80,000/- is yet to be released as a result of which the poor and innocent borrower suffered from financial loss. Not releasing the residual loan amount of Rs.3,80,000/- amounts to deficiency of service and unfair trade practice . As regards taking of bride and misusing of blank signed cheque is a criminal offence which is beyond the purview of this commission to consider and pass any Order .
Hence ordered;
ORDER
The complaint be and the same is allowed in part against O.P . The O.P is directed to release the undisbursed loan amount of Rs.3,80,000/- within 30 days of receipt of the Order. No Cost and compensation. This Order must be complied with the stipulated time ,falling which O.P is to pay Rs.10,000/- in addition with the afore said amount for causing financial loss.
This order is pronounced in the open Forum on this day of 11th February, 2021 under my hand and seal of the Commission.
