The Complainant has filed this case alleging deficiency-in-service by the O.P, where O.P is the Branch Manager of United Bank of India, Baunshadiha Branch, Baunshadiha, Kamarda, Balasore.
2. Factual matrix of the dispute is that a loan amount of Rs.3,25,000/- (Rupees Three Lacs twenty five thousand) only is sanctioned in favour of the Complainant by O.P-Bank on 08.03.2010 vide Loan account No. PMEGP 0523306808927 to be repaid within five years and has repaid Rs.2,00,000/- (Rupees Two Lacs) only (approx) in the above said loan account till 2014. As per notice dt.03.12.2014, the Complainant appeared before the Legal Authority and accordingly, the O.P agreed to receive Rs.70,000/- (Rupees Seventy Thousand) only for final settlement of the outstanding loan amount. Thus, the Complainant repaid Rs.10,000/- (Rupees Ten Thousand) only on 06.12.2014 and Rs.60,000/- (Rupees Sixty Thousand) only vide SBI Cheque No.183602 on 09.03.2015 to the O.P as per Lok Adalat settlement, but the O.P has not supplied no dues certificate/ clearance certificate to the Complainant till date, even after several approaches made by the Complainant in this regard to the O.P. The Complainant had issued legal notice to the O.P through Regd. Post with AD on 01.07.2015 requesting to issue no dues certificate, but the O.P is silent in the matter. Such act by the O.P amounts to deficiency-in-service towards the Complainant, which also causes mental agony to the Complainant, thus filed this case for necessary relief. The Complainant has prayed for issuance of no dues certificate along with up to date Account statement and compensation for mental agony and litigation cost.
3. The O.P has filed written version though his Advocate, where he has denied about maintainability and also submitted that the O.P had sanctioned a PMEGP loan for Rs.4.50 Lacs (Rupees Four Lacs fifty thousand) only on 08.03.2010, interest @11.75% p.a for an E-Bike servicing unit to the Complainant as per an agreement executed by the Complainant, subject to term and condition in loan sanction letter dt.08.03.2010 on hypothecation of goods and assets in favour of O.P-Bank, sponsored by D.I.C, Balasore vide their letter No.280, dt.06.01.2010. Though the Complainant has been benefited out of Bank finance, but he became irregular in repayment towards his loan account, thus the said loan account slipped to N.P.A. Despite several notices including legal notice served upon the Complainant by the O.P, lastly this O.P filed a money suit bearing C.S No.2/2014 (III) before the Civil Judge (S.D), Jaleswar on 09.09.2014 claiming Rs.2,97,853.64 paisa (Rupees Two Lacs Ninety seven thousand eight hundred fifty three and sixty four paisa) only and with updated interest, but the Complainant has not appeared before the Civil Judge (S.D), Jaleswar and he is delaying the proceeding. The O.P-Bank has withdrawn the last demand notice of Lok Adalat and intimated the matter to the Complainant on 10.01.2015, claiming Rs.2,97,853.64 paisa (Rupees Two Lacs Ninety seven thousand eight hundred fifty three and sixty four paisa) only (actual dues as on 12.06.2014) and payment of Rs.70,000/- (Rupees Seventy Thousand) only by the Complainant is not as per settlement, but the same is adjusted towards his existing outstanding loan amount. The C.S No.2/14 (III) is now subjudiced before the Civil Judge (S.D), Jaleswar and accordingly, this case is not maintainable.
4. In view of the above averments of both the Parties, the points for determinations of this case are as follows:-
(i) Whether this Consumer case is maintainable as per Law ?
(ii) To what relief the Complainant is entitled for ?
5. In order to substantiate their pleas, both the Parties have filed certain documents as per list. Perused the documents filed. It has been argued on behalf of the Complainant that an amount of Rs.3,25,000/- (Rupees Three Lacs twenty five thousand) only was sanctioned in favour of him by the O.P-Bank on 08.03.2010 towards his PMEGP loan vide Loan account No. PMEGP 0523306808927 and subsequently, he deposited near about Rs.2.00 Lacs (Rupees Two Lacs) only and in Lok Adalat settlement was made for one time for Rs.70,000/- (Rupees Seventy Thousand) only and he paid the same, but the O.P-Bank has not issued No Dues certificate to the Complainant, for which the Complainant has filed this case in this Forum praying for issuance of No Dues certificate by the O.P-Bank. On the other hand, it has been argued on behalf of the O.P that the Complainant was irregular in repayment of his loan and became a defaulter and he has committed breach of contract, for which the loan account of the Complainant has been declared as NPA account. When the Complainant failed for repayment of his loan, the O.P has filed the money suit bearing No. C.S No.2/2014(III) before the Civil Judge (S.D), Jaleswar on 09.09.2014 claiming Rs.2,97,853.64 paisa (Rupees Two Lacs Ninety seven thousand eight hundred fifty three and sixty four paisa) only with updated interest. The suit was admitted in the Civil Court (S.D), Jaleswar and notice was issued to the Complainant, but the Complainant has not appeared in that Court and also delaying the proceeding. Then, as per Lok Adalat settlement, the Complainant has paid Rs.10,000/- (Rupees Ten Thousand) only and Rs.60,000/- (Rupees Sixty Thousand) only in total Rs.70,000/- (Rupees Seventy Thousand) only, which was adjusted towards his existing outstanding loan amount. In support of his argument, the Complainant has relied upon the Authority reported in I (2015) CPJ-1B (CN) (Chha.) in the case of Durga Prasad Sahu (Vrs.) Ghanashyam Chandrakar & Anr., where in it has been held by the Hon’ble Chhattisgarh State C.D.R Commission, Raipur that after payment of entire loan amount, No dues certificate should be issued. But, the case in hand is different. The 2nd National Lok Adalat notice was issued to the Complainant by the O.P-Bank, which was available in the case record, which discloses that Rs.1,09,227/- (Rupees One Lakh nine thousand two hundred twenty seven) only was pending against the Complainant on 30.09.2013 and he was applied for One time settlement for Rs.70,000/- (Rupees Seventy Thousand) only as such application is also available in the case record. But, no way the Complainant has proved that the O.P has sanctioned the One time settlement for Rs.70,000/- (Rupees Seventy Thousand) only. On the other hand, the O.P has already filed money suit bearing No. C.S No.2/2014(III) before the Civil Judge (S.D), Jaleswar and now the suit is also subjudiced, so this case is not maintainable.
6. So, now on careful consideration of all the materials available in the case record and on the basis of principle laid down by the above Authority as discussed earlier, now this Forum come to the conclusion that this Consumer case is not maintainable in this Forum as the money suit is subjudiced now, for which the Complainant is not entitled for any relief as prayed for and accordingly, this Consumer case is liable to be dismissed. Hence, Ordered:-
O R D E R
The Consumer case is dismissed on contest against the O.P, but in the peculiar circumstances without any cost.
Pronounced in the open Forum on this day i.e. the 23rd day of August, 2017 given under my Signature & Seal of the Forum.
