DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KANDHAMAL, PHULBANI

C.C.NO. 37 OF 2023

                                                                              Date of Filing: 30.01.2023

                    Date of Order: 08.05.2023

Sandhyarani Nahak,

W/O Laxmidhar Nahak,

At/PO- Ambedkar Sahi, Phulbani

PS- Phulbani

District-Kandhamal             …………………….. Complainant.

Versus.

The Branch Manager, Axis Bank, Phulbani,

District-Kandhamal                                    ……….….. Opp. Party.

Present: Sri Purna Chandra Mishra    - President.

                        Sri Sudhakar Senapothi          - Member.

For the Complainant:  Self

For O.P.                     : Exparte

JUDGEMENT

Mr. Sudhakar Senapothi, Member.

          Complainant Sandhyarani Nahak has filed this case U/s 35 of CP Act-2019 alleging the deficiency of service and unfair trade practice on the part of the Opposite Party for forcing to repay the loan of one Prativa Mohanty.

1. Brief fact leading to the case is that the complainant has obtained a loan from Axis Bank, Phulbani Branch. She is paying her loan installments from time to time without any break. But the Opposite Party is forcing her to clear up the dues of one Prativa Mohanty. Since the conduct of the Opposite Party is completely unlawful, she has filed this case before this Commission for direction to the Opposite Party not to force her to repay the loan of Prativa Mohanty and to accept her loan installments regularly.
2. Notice was duly served on the Opposite Party. But, he preferred not to appear or challenge the allegation raised by the complainant in any manner. As the OP did not challenge the allegation raised by the complainant, it is deemed that he has admitted the allegations raised against him.
3. There is no provision of law that one loanee will repay the loan of someone else. The OP by forcing the complainant to repay the loan of Prativa Mohanty was not only caused the deficiency in service but also resorted to unfair trade practice. As a case of deficiency of service coupled with unfair trade practice is made out against the OP, he is liable to compensate the petitioner for harassment sustained by her and hence the order.

O R D E R

          The complaint petition is allowed expartee against the Opposite Party. The Opposite Party is directed not to insist on the complainant to repay the loan of Prativa Mohanty and shall create any hindrance for repayment of the loan of Sandhyarani Nahak. The complaint petition is accordingly disposed of and the parties to bear their own cost.

                                                         Computerized & corrected by me.

         I Agree

    PRESIDENT                                                     MEMBER

Pronounced in the open Commission today on this 8^th May of 2023 in the presence of the parties.  

     PRESIDENT                                                    MEMBER