IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.
Present: 1.Shri Jiban ballav Das , President
2.Sri Pitabas Mohanty, Member,
3.Miss Smita Ray, Lady Member.
Dated the 10 day of January ,2018.
C.C.Case No.73 of 2015
Bijaya kumar Dash S/O Kusasan Dash
Vill/P.O. Janpada,P.S.Bari-Ramchandrapur
Dist.Jajpur …… ……....Complainant . .
(Versus)
1.The Branch Manager, Odisha Gramya Bank ,Brahmabarada Branch, Dt. Jajpur
2. The Regional Manager, Odisha Gramya Bank,Chandikhole ,P.O.Sunguda , Dt.Jajpur .
……………..Opp.Parties.
For the Complainant: Sri N.Parida , Advocate.
For the Opp.Parties : No.1 and 2 Sri G.C.Panda, Miss B.R.Rout, Advocates.
Date of order: 10. 01.2018.
SHRI PITABAS MOHANTY, MEMBER .
Deficiency in banking service is the grievance of the petitioner.
The fact relevant as per complaint petition is that the petitioner is a farmer and obtained a KCC loan from the O.Ps for Agricultural purpose vide Regd. No.40190510001793 for a sum of Rs25,000/- on 23.6.09 and repaid the said loan amount without any default in the next year 2010. Thereafter the petitioner obtained a 2nd loan of Rs.25,000 after repayment of the previous loan . The O.P also recovered the 2nd loan with interest in time .
It is pertinent to mention here that though the petitioner has already repaid the loan amount along with interest in time and wanted a fresh loan from the O.Ps but the O.Ps denied to provide any further loan to the petitioner and falsely claimed that there is an outstanding loan amount against the petitioner from the year of 2009 .Thereafter the petitioner shows the payment receipt to the O.Ps but the O.Ps illegally demanded the loan amount without taking into consideration of the money receipts and illegally demanded Rs. 45,000/ as over due against the petitioner. Hence the petitioner demanded statement of loan account through written application dt. 20.6.15 but the O.P did not provide the same till date. Thereafter the petitioner applied the statement of loan account through RTI but the O.P did not provide the information. Accordingly the petitioner filed the present dispute with the prayer to direct the O.Ps to compensate him a sum of Rs.1,00,000/- due to his loss in crops due to non availability of loan .
After notices though the O.P entered appearance and subsequently has filed the written version taking the following stands.
It is true that the petitioner received a sum of Rs.25000/- for Agriculture expenses on 23.10.09 although his sanction amount was Rs. 50,000/. It is not true that since the date of opening the KCC pass book , the petitioner has regularly made his transaction to the o.ps and paid all installments for repayment of the said loan without any default. It is true that the next year the petitioner has also obtained Rs.25,000/. It is not true that the petitioner has repaid previous loan .it is not true that the O.P bank has recovered the same with due interest. The petitioner has not made repayment of the loan sanctioned . The petitioner has not produced any receipt of repayment for loan of limit of Rs.50,000/-. Actually another loan A/C ledger was opened on 16.06.10. The petitioner has never cleared up the said loan . It is false that the petitioner although regularly paid all the loan amount to the O>p and the O>p neglected to provide service to the petitioner . The O.P further stated that there is no justification to claim statement and voucher from the bank from beginning to end. The petitioner must have kept the payment receipt with him, if he has paid the loan . For providing ledger copy the petitioner is to deposit the required fee, for which he has not done.
Under RTI Act the B.M is not the PIO. As per petitioner’s pass book it is reflected that the petitioner has received Rs25,000/- on 23.10.09 and 25,000 on 23.10.10 which is transferred to his pass book one A/C no.396 was opened on 23.10.09 for Rs.25,000/ . Again another loan A/C.no.504 was opened on 16.6.10 for Rs.25,000/- The petitioner repaid it dt.09.09.11 and 10.09.11 again the petitioner received Rs.20,000/- and Rs.4350/- on dt.12.09.11 and on 13.09.11 respectively in the said A/C. The said A/C was closed by repayment on 28.05,12 ,1.09.12 and 03.09.12.
The petitioner has not repaid the loan amount received on 23.10.10 bearing loan A/C no. 504 . The said loan amount is still pending with interest till date. The petitioner has cunningly avoided to repay the said loan amount of A/C no.504 . Hence the o.ps have not made any deficiency in service and are not liable for Rs.90,000/ as claimed by the petitioner . The borrower if not paid loan amount that can not be harassment to the petitioner . The onus lies with the petitioner to show repayment of the same. The claim is not justified and liable to be dismissed with cost.
On the date of hearing we heard the argument from the learned advocate for the O.Ps .After perusal of the record and document in details we observed that
1 it is undisputed fact that the petitioner obtained KCC loan of Rs. 50,000/- in the year of 2009- and 2010
2 The petitioner claimed that he has already cleared up the loan amount with interest but the O.ps categorically denied the same . It is the settle principle of law the petitioner is required to prove his case by providing sufficient evidence but we did not came across with any evidence on record which will establish that the total amount along with interest already has been repaid by the petitioner .
The letter regarding demanding statement of loan account In this contest we come across with any postal receipt or any evidence which will prove that the application duly served to the O.Ps.
Regarding RTI application of the petitioner , if the ops fails to provide information under RTI the petitioner can apply the same before the appellant authority as per the provision under RTI Act mentioned in the statute. Hence it is our considered view that the petitioner fails to substantiate his case by providing cogent evidence of his claim . Hence the C.C case is liable to be dismissed.
O R D E R
The case is dismissed. No cost,
This order is pronounced in the open Forum on this the 10th day of January,2018. under my hand and seal of the Forum.
