Orissa

Baleshwar

CC/152/2015

Sri Bharat Chandra Jena, aged 51 years - Complainant(s)

Versus

The Branch Manager, UCO Bank, Ganeswarpur Industrial Estate Branch, Balasore - Opp.Party(s)

Sj. Jayanarayan Panda & Others

27 May 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BALASORE
AT- COLLECTORATE CAMPUS, P.O, DIST- BALASORE-756001
 
Complaint Case No. CC/152/2015
( Date of Filing : 04 Aug 2015 )
 
1. Sri Bharat Chandra Jena, aged 51 years
S/o. Damodara Jena, Prop- M/s. Super Sound, At/P.O/P.S- Sahadevkhunta, At Present- At- Madhipur, P.O/P.S- Remuna, Dist- Balasore.
Odisha
...........Complainant(s)
Versus
1. The Branch Manager, UCO Bank, Ganeswarpur Industrial Estate Branch, Balasore
P.O- Januganj, P.S- Industrial Area, Dist- Balasore.
Odisha
2. The Zonal Manager, UCO Bank, Zonal Office, Cuttack
Kanika Chhak, Tulasipur, Dist- Cuttack.
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. RASESWARI MOHANTY PRESIDING MEMBER
 HON'BLE MR. SARAT CHANDRA PANDA MEMBER
 
For the Complainant:Sj. Chittaranjan Das & Others, Advocate
For the Opp. Party:
Dated : 27 May 2016
Final Order / Judgement

                 1. The Complainant has filed this case alleging deficiency-in-service by O.Ps. The O.P No.1 is the UCO Bank having its branch Office at Ganeswarpur Industrial Estate, P.O- Januganj, Dist- Balasore represented by its Senior Manager, where as O.P No.2 is their Zonal Office situated at Kanika Chhak, Tulasipur, Cuttack, represented by its Zonal Manager.

                 2. Petitioner’s case, in brief, is that he is the Proprietor of M/s. Super Sound, At/P.O- Sahadevkhunta, Dist- Balasore, having an account in O.P- Bank i.e. UCO Bank, Ganeswarpur Industrial Estate branch, Balasore. During the year 1988, the O.P-Bank had sanctioned a C.C loan in favour of the Petitioner for development of his “Audio Cassette” business.

                 3. But due to advance technology & changing marker demand, the Petitioner suffered a great loss in his business & also followed by a major operation, the Petitioner could not repay the interest money in time resulting increased outstanding dues in his loan A/c. As a result, the O.P-Bank had issued a demand notice through Advocate followed by a letter for compromise & for one time settlement of the loan dues.

                 4. On receipt of the above said letters, the Petitioner approached the O.P-Bank & on his request, O.P No.1 settled the dispute & as per said settlement, the Complainant deposited Rs.1,50,000/- (Rupees One lakh & fifty thousand) only within the period 19.05.2015 to 19.06.2015 towards clearance of his loan dues & for closure of his loan A/c. The O.P No.1 did not co-operate with the Petitioner for return back his documents, which he had deposited with O.P No.1-Bank before & at the time of sanction of the aforesaid loan.

                 5. The Petitioner has also submitted a Xerox copy of Receipt No.132811 regarding payment of Rs.20,000/- (Rupees twenty thousand) only on 19.06.2015 towards loan A/c of Super Sound. At the back side of that deposit slip/receipt, it is endorsed as “A/c closed on 19.06.2015” with Bank’s seal & signature. The Petitioner’s prayer is for releasing of Land Records, which he had deposited before & at the time of sanction of said loan & compensation for harassment & mental agony and litigation expenses.

                 6. The O.Ps i.e. UCO Bank filed a petition through their Advocate on 21.09.2015 & prayed that at least one month may kindly be allowed in the matter to file written statement, otherwise this O.P will be highly prejudiced. The O.Ps are set ex-parte on 17.05.2016.

                               O R D E R

                     Having all regards to our judgment reflected above, the complaint bears merits & the same is allowed with direction to O.Ps i.e. UCO Bank to issue “No dues Certificate” & return back the land documents, which was deposited before & at the time of sanction of loan by the Complainant within 30 (thirty) days from the communication of this order. The O.Ps are further directed to pay a sum of Rs.1,000/- (Rupees one thousand) only for compensation & Rs.500/- (Rupees five hundred) only towards litigation cost to the Complainant.       

                     The ex-parte order pronounced in the Open Forum this day the 27th day of May, 2016 given under my Signature & Seal of the Forum.

 
 
[HON'BLE MRS. RASESWARI MOHANTY]
PRESIDING MEMBER
 
[HON'BLE MR. SARAT CHANDRA PANDA]
MEMBER

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