DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: BHADRAK : (ODISHA).
Consumer Complaint No.85 of 2020.
Date of hearing : 04.06.2024.
Date of order : 25.06.2024.
Dated the 25thday of June 2024.
Akshaya Kumar Panda, S/o:-Late Surendra Prasad Panda,
At:- New Bidyut Colony, Basudevpur Municipality,
P.S:- Basudevpur, Dist:- Bhadrak.
. . . . . Complainant.
Vrs.
The Branch Manager, D.C.B. Bank, Bhadrak,
At:-Samraipur, Po:- Gelpur, P.S:- Bhadrak,
Dist:- Bhadrak. . . . . . Opp. Party.
P R E S E N T S.
1. Sri Shiba Prasad Mohanty, President,
2. Smt. Madhusmita Swain, Member.
Counsels appeared for the parties.
Counsel for Complainant: Sri S.B. Panda, Advocate & Associates,
Counsel for Opp. Party: Sri P.K. Ray, Advocate& Associates.
J U D G M E N T.
SRI SHIBA PRASAD MOHANTY, PRESIDENT.
In the matter of an application filed by the complainant alleging deficiency of service against the Opposite Party under Consumer Protection Act, 2019.
A fact of the case is that, the complainant was a teacher & was continuing his service at Kanchapada High School & being in need of a residential house, approached to O.P. to sanction a Home Loan of Rs.10,22,970/- in favour of him & for sanction of loan, one agreement was executed in between the complainant & O.P. on dtd.04.02.2017 & for sanctioning of home loan, the complainant has given Rs.2,875/- for processing fees & thereafter the complainant has also given the said amount to O.P. on dtd.15.01.2017. The O.P. sanctioned the said amount in favour of the complainant. After sanction of loan, the O.P. has given in first phase Rs.2,67,157/- on dtd.15.03.2017 in the account of complainant out of sanctioned loan amount. But thereafter the O.P. did not pay the rest amount which was sanctioned in the name of complainant after paid of processing fees. So, due to non-payment of loan amount the complainant could not be able to finish his house rather the O.P. has completed the said house by hand loan & the complainant has returned loan amount of Rs.1,88,732.90 Paisa to the O.P. in different dates & the rest loan amount i.e. Rs.78,439/- is outstanding against the complainant which loan was taken in first phase. The O.P. knowingly harassed the complainant due to non-payment of the principal sanctioned loan amount the complainant could not finish his residential house for which mental agony raised, then after for finishing his house, the complainant arranged hand loan. The Town Planning Authority has given order to finish within time. So as per town planning order the complainant has complete his residential house by obtaining hand loan from his relatives. The complainant has also taken shelter before Hon’ble Banking Ombudsman, Reserve Bank of India, Bhubaneswar & the case was vide No. 20202/003000669. But it was matter of regret, the said case was closed on dtd.24.09.2020 (Sunday). When the matter was not ended before Ombudsman then after having no alternative way, the complainant has compelled to take shelter before the Hon’ble District Forum & prayed to direct the O.P. due to his negligence & harassment is liable to pay Rs.5,00,000/- to the complainant. The cause of action arose on dtd.24.09.2020 when the Ombudsman closed the case. The complainant has filed the documents i.e. (1) Copy of Agreement executed on dtd.04.02.2017 (2) Copy of Demand Draft dtd.10.03.2017 & (3) Copy of order closed by Ombudsman dtd.24.09.2020.
The O.P. submits that, the complainant along with one Mrs. Damayanti “Co-applicant” approached the O.P. vide loan application dtd.31.01.2017 for availing home loan & an amount of Rs.10,22,970/- (including insurance premium amount of Rs.27,970/-) was sanctioned by O.P. in favour of the complainant & co-applicant vide sanctioned letter dtd.04.02.2017 with the O.P. & accepted & agreed to be binding by the terms & conditions the Home Loan corresponding to loan Account No.DAHLSAM0042393. On 28.02.2017 a sum of Rs.3,06,891/- was disbursed in first phase by the O.P. to the complainant in terms of the Loan Agreement subject to the stage of construction of the house as stipulated under the sanction letter. The next phase of disbursement of the loan amount will not be made until & unless the construction of earlier stage is completed against which the earlier amount was disbursed. The complainant failed to produce relevant documents showing the completion of the first phase of the house. The remaining loan amount of the next phase was withheld & not released. The complainant is very much aware about this fact for which without insisting for disbursement of 2nd phase of the loan, complainant started making payment of loan dues. An outstanding amount of Rs.2,82,485.99 Paisa as on 03.12.2020 towards repayment of the loan is due & payable by the complainant to the O.P. under contractual obligation towards home loan.
The complainant approached the O.P. for foreclosure of the Home Loan, in co-operation to which a Foreclosure Letter dtd.05.08.2020 was issued to the complainant giving flexibility to the complainant for pre-closure of the home loan. There was no progress in construction of the house, further disbursal of the loan amount was not made by the O.P. There is no deficiency of service on the part of the O.P. and the allegation made by the complainant is vague & unsustainable in the eye of law. The O.P. has relied upon the documents viz.
- Copy of Loan Agreement dtd.28.02.2017, (2) copy of sanction letter dtd.04.02.2020, (3) copy of the statement of account as on 03.12.2020 & (4) copy of foreclosure letter dtd.05.08.2020.
Having heard the rival contentions and after careful consideration of the materials available in the case record, this commission is of the opinion that the sum and substance of the allegation of complainant is that the House Building Loan was sanctioned for Rs.10,22,970/- but the OP Bank disbursed an amount of Rs.2,67,157/- excluding the insurance charges and processing fees and due to non-payment of sanctioned amount, he has suffered mental agony and deficiency of service had been committed. As it is evident from the Letter Dtd.27/11/2017 filed by the complainant, that he has completed his house by the sad date and requested the OP Bank to disburse rest of the amount. But this instant complaint has been filedon 07/10/2020 which is clearly beyond the limitation period of 2 years from the date of cause of action arose. The complainant has never challenged the ordered of the Banking Ombudsman but the sum and substance of his complaint is that due to less payment of the sanctioned loan he has suffered harassment.
O R D E R.
In the result, the complaint be & same is dismissed as barred by limitation.
This order is pronounced in the Open Court on this the 25th day of June 2024 under my hand and seal of the Commission.
