DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 11 OF 2017
Gopal Mandal (52 Years),
S/O: Late Arjun Prasad Mandal,
R/O: Qr. No.B-49, Officer’s Colony,
PO: Rampur Colliery, PS: Brajrajnagar,
Dist- Jharsuguda, Odisha………………………………………..Complainant.
Versus
The Branch Manager,
UCO Bank, Rampur Colliery Branch, Brajrajnagar,
Dist: Jharsuguda, Odisha……………………………..................... Opp. Party.
Counsel for the Parties:-
For the Complainant T.K. Nanda, Adv. & Associates.
For the Opp. Party Abdul Zalil, Adv.
Date of Order: 07.11.2017
Present
1. Shri Sundarlal Behera, President.
2. Shri Santosh Kumar Ojha, Member.
3. Smt. Anamika Nanda, Member (W).
Shri Sundarlal Behera, President: - The Consumer Complaint in brief is that, the complainant has availed personal loan from the O.P amounting Rs.3,00,000/- only on dtd. 28.11.2007. The complainant is an employee of MCL and his monthly salary is deposited in the SB A/c bearing No. 18920100001002 in the bank of the O.P. The said loan amount along with interest of Rs.1,38,480/- only were to repay in 84 nos. of monthly installment of Rs.5,220/- only deducted through the said SB A/C of the complainant. After completion of loan amount on dtd. 01.01.2015 while asking about the NOC from the O.P, the complainant came to know that he has over dues of Rs.47,501/- only against the said loan account. The O.P has deducted Rs.52,200/- only from the said SB Account of the complainant. hence, this case.
The O.P appeared through his counsel after being notices and filed written version, The O.P admitted the facts of loan availed by the complainant which was recovered through his S/B account of the complainant. The O.P submitted that the complainant entered into an agreement with the O.P in relation to the term loan in which it is mentioned that the borrower shall in the mean time pay interest at the rate of 2% per annum below the UCO Bank prime landing rate which is at present 13.5% per annum subject to minimum rate of interest of 11.5% per annum with monthly rests. The complainant has defaulted in paying EMIs. in several months . The O.P on 31.12.2014 call him to the Bank and informed that there was an outstanding amount of Rs.52,721/- till 31.12.2014, so also showed him his loan account statement and clarified all his queries that the complainant was satisfied with such clarification of the O.P bank and on the very day i.e. on 31.12.2014 he signed over S-14 Form i.e. Balance cum Revival letter admitting the aforesaid outstanding amount in his loan account. Accordingly the O.P. Bank debit the rest outstanding amount along with interest which comes to Rs.54,206/- only and not Rs.52,200/- as alleged by the complainant in his petition. The O.P bank settled the loan on dt. 10.11.2015 when full and final principal and interest amount was recovered against the loan account. There was/is no any deduction from the salary of the complainant after 10.11.2015. Hence this O.P. Bank has never committed any illegality and there is no any deficiency of service or unfair trade practice by the O.P. Bank and prayed for dismissal of case.
Heard from the parties, perused the documents available on record. The complainant had availed loan of Rs. 3,00,000/- only on dt.08.10.2007 by executing a loan agreement with the O.P which was to be repaid in 84 nos of EMIs. of Rs.5,220/- only started from January’2008. with interest as per terms and conditions of the said loan agreement. Though the loan amount was recovered from the salary of the complainant connected with the Saving Bank Account. The complainant defaulted in the month of Feb’2010, July’2010, Oct’2010,Feb’20121,May’2011,Aug’2011,Sept’2011 and Oct’2011 for which the O.P charged extra interest which extended to Rs.54,206/- only. While the outstanding dues was of Rs.52,721/- only the O.P informed to the complainant on which the complainant agreed on the same by signing on the revenue stamp affixed on the under certificate of posting dtd.31.12.2014. The deduction of outstanding amount from the said S/B account of the complainant towards recovery of the said loan account was in well knowledge of the complainant as he was agreed on the said outstanding dues.
On the abovementioned observations and analysis there is no deficiency in service is found on the part of Opposite party hence the complaint case is hereby dismissed with no costs.
Accordingly the case is disposed of.
Order pronounced in the open court today the 07th day of November’ 2017. Free copy of this order shall be supplied to the parties as per rule.
I Agree.
S.K.Ojha, Member S. L. Behera, President
Dictated and corrected by me
S. L. Behera, President.
