DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHAMAL, PHULBANI

                                                                                              C.C NO. 12 OF 2015

Present:   Rabindranath Mishra                 - President.

                  Miss Sudhira Laxmi Pattanaik - Member.

Smt. Sasmita Pradhan, aged 33 years

W/O: Sri Sukanta Kumar Behera.

Village- Salunki Sahi, PO/PS: Phulbani

Dist: Kandhamal                                                      ………………   Complainant.

                           Versus.

1. Branch Manager,

Indian Bank, Phulbani At: Jiringpada,

Prakruti Bihar, Main Road, Phulbani

PO: Phulbani Town Dist: Kandhamal – 762001.  

2. Manager, DIC, Phulbani

At/PO/PS: Phulbani Dist: Kandhamal.               ……………………  OPP. Parties.

For the Complainant:  Self.

For the OPP. Parties:  Self.

Date of Order 31-07-2015

                                                                                                          O R D E R

                                    The case of the Complainant in brief is that she had availed one PMEGP loan from the Opposite Party No.1 amounting Rs. 200000/- through O.P No.2 in the month of November 2012 .On 30-11-2012 the first installment of Rs. 50,000/- was released in her favor to purchase machineries and equipments for the proposed  readymade Garments unit . The rest amount of Rs. 1, 50,000/- had been released in her account but the Opposite Party No.1 did not allow neither to withdraw nor to deposit any amount even if towards interest. She had filed the quotations of different parties before O.P No.1 as per his instruction for disbursement of the loan amount but in spite of repeated request the O.P No.1 failed to disburse the said amount and harassed her . As a result of which the interest is going to be increased day by day due to negligence of O.P No.1. Hence she has filed this complaint against the Opposite parties for a direction to waive out the enhanced interest and to award Rs. 1, 00000/- towards compensation for her mental agony and financial loss. 

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                                  During hearing the Complainant has filed an affidavit in token of her evidence. Exhibit -1 to Exhibit-4/5 are marked on behalf of the Complainant. Both the Opposite Parties were absent and failed to cross examine the Complainant.

Both the OPP. Parties have filed their versions separately.                                  

                                  We have gone through the complaint petition, the version filed by both the parties and documents filed by the Complainant in support of her case. Heard the Complainant. The Opposite Party No.1 has admitted in his version that Rs. 1,50.000/- was disbursed and credited to the S.B Account of the Complainant as second phase on 30-03-2-13 but why she has not availed the same that well known to her as well as the then manager Ms Sudhir Kumar Majhi .On 31-07-2014 the present Manager took charge from him . During his tenure the Complainant came and query about the disbursement of loan amount. When he goes through the loan account he noticed that the same was under the status of N.P.A from 12-08-2014.

                                The Opposite Party No.2 the Manager of D.I.C, Phulbani has stated in his version that Rs.1, 50.000/- had been released to the beneficiary’s account on 30-03-2013 as final installment. The D.I.C Officials has facilitated for getting subsidy component for the Readymade Garments unit of Smt. Sasmita Pradhan and the subsidy has been released on 27-04-2013 by the Nodal Branch of Indian Bank at Bhubaneswar.  He also stated that the disbursement of loan entirely rests with the discretion power of the concerned Bank. The D.I.C, Phulbani has no role regarding the disbursement of loan and charging of interest.

                                It is seen from the Exhibit – 3, the statement of account of the said amount that Rs. 1,50,000/- was credited to the account of the Complainant on 30-03-2013 . Thereafter only interest and penal interest were imposed against Complainant but the rest loan amount was not released in her favor in spite of submission of the Quotations before the OPP. Party No.1 by the Complainant. As per affidavit filed by the Complainant she was not allowed by O.P no.1 neither to withdraw nor to deposit any amount in her loan account. From this allegation the harassment and negligence of the O.P No.1 is clearly established. Negligence on the part of an employee amounts to deficiency in service. No suitable explanation was given by the O.P No.1 regarding non-release of the loan amount in favor of the Complainant in spite of repeated requests. Hence, we allow the complaint.

                               The Opp. Party No.1 is directed to waive out the interest imposed against the loan account of the Complainant bearing No. 6084668251 in connection with the amount of Rs.1, 50,000/- since 30-03-3013. The OPP. Party No.1 is further directed to release Rs.1, 50,000/- in favor of the Complainant after completion of

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necessary formalities of the bank and to pay Rs. 10,000/- as compensation to the Complainant for her mental agony and financial loss. The said order be complied within 30 days from the date of receipt of this order.

                                    The C.C is disposed of accordingly. Supply free copies of this order to both the parties.

                                                                                  MEMBER                                PRESIDENT