Orissa

Cuttak

CC/174/2016

Nityananda Bhol - Complainant(s)

Versus

The Branch Manager,State Bank Of India - Opp.Party(s)

P K Biswal

28 Feb 2018

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

 

C.C No.174/2016

 

Nityananda Bhol,

S/o: Late Mandardhar Bhol,Proprietor,

Konark Exports,At:Andarpur,

PO:Kalyani Nagar,Dist:Cuttack-753013.                                   .… Complainant.

 

Vrs.

 

1.        The Branch Manager,

State Bank of India,

Cuttack Industrial Estate Branch,

Link Rod, Cuttack-753010.

 

2.        The Chief Manager, State Bank of India,

Stress Assets Recovery Branch,

Code No.10027, Madhupatna, Cuttack.

 

3.        The Asst. General Manager, State Bank of India,

Stress Assets Recovery Branch,

Code No.10027, Madhupatna,Cuttack.… Opp. Parties.

 

Present:               Sri Dhruba Charan Barik,President.

Sri Bichitrananda Tripathy, Member.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:     30.12.2016.

Date of Order:  28.02.2018

 

For the complainant:    Mr. P.C.Mishra,Adv. & Associates.

For the O.Ps.                :   None.

 

Smt. Sarmistha Nath,Member(W).

 

The complainant being a consumer has filed this complaint before this Forum against the O.Ps for Redressal of his grievances under the Consumer Protection Act,1986(Act in short) in terms of his prayer made in the complaint petition.  The allegation made in the complaint is with regard to deficiency in service provided and unfair trade practice adopted by the O.Ps.

1. The case of the complainant in brief is that the complainant is the proprietor of the Konark Exports,Andarppur,Kalyani Nagar,Cuttack-13, incurred loan from State Bank of India, Industrial Estate Branch, Link Road, Cuttack,  the O.P No.1 amounting to Rs.13 lakhs in the year 1989 and also in different dates for development of business of Konark Exports, who deals with handicrafts, manufacturing and selling at Dhokra  Casting, wood carving, stone carving, paintings and other handicrafts of Odisha.

The complainant was paying regularly installments up to the year 2011 but due to some difficulties he could not pay the regular installments for which the matter was handed over to the Asst. General Manager,SARB,the O.P No.3 who in letter along with balance sheet sent on 21.07.2011 to the complainant demanding Rs.13,02,283/- in demand notice.Thereafter the O.P No.3 sent the notice through his lawyer dt.8.11.2011 to the complainant demanding to pay Rs.17,79,620/- within 7days from the date of receipt of the notice failing which the bank will take legal action.The O.P No.2 sent enforcement notice to the complainant on 27.9.11 to pay Rs.17,47,280/- within 60 days. Possession notice was also issued on 14.12.2011 for Rs.17,47,280/-. The bank officials took the photograph of the residential building of the complainant mounting pressure on him for payment of loan dues of loan, failing which the building would be put to auction.There was several discussion with O.P No.2 & 3 regarding payment of outstanding dues in which the O.Ps advised the complainant to pay a sum of Rs.17,00,000/- and the rest odd amount will be exempted for which with much difficulty the complainant arranged the money by selling part of his residential building at Andarpur recorded in his wife’s name and paid Rs.5,00,000/- on 10.01./2012 and Rs.12,00,000/- on 26.01.2012.

Thereafter the complainant sent lawyers notice on 19.3.12 to the O.P No.3 requesting him to return the documents along with clearance certificate regarding acceptance of the outstanding dues as previous talk among themselves.But the O.P No.3 in letter No.SAR 3/CTC/ No.2/3113 dt.23.3.2012 did not admit about the talk of exemption of odd amount after payment of Rs.17,00,000/- and again demanded the rest amount after which documents will be released along with clearance certificate.

The complainant had an oral discussion with O.Ps and the O.ps demanded to pay Rs.2,51,997/- to close the loan amount and the complainant deposited the said amount on 23.7.2012 that the cash credit account is closed.But no clearance certificate and balance sheet was issued in favour of the complainant.

The complainant applied to the CPIO of the bank under the Provisions of RTI Act for information about the statement of Accounts.But the information was refused on some plea or other.Then he filed an appeal under RTI Act and even after direction from the appellate authority to give correct information, the O.P No.3 supplied information on 28.7.2015 which was not correct and specific regarding the amount taken by the bank in excess than that of amount mentioned in the balance sheet.

Finding no other way, the complainant has taken shelter of this Hon’ble Forum.He has prayed to refund the excess amount of Rs.6,49,714/- already paid by the complainant (amount paid Rs.19,51,997/- - Rs.13,02,283/- i.e balance as on 21.07.2011 )for closure of his loan amount along with interest @ 13.25% till date of final payment, a sum of Rs.50,000/- towards litigation and other expenses and a further sum of Rs.3,00,000/- as compensation towards mental agony.Thus the complainant has made a total claim of Rs.9,99,714/- + interest.

2. The O.P No.1 did not appear and was set exparte.  O.P No.2 and 3 though entered their appearance through their counsel but subsequently the said counsel filed a memorandum stating therein to delete the name of his and his associates from the case as the case has been entrusted to some other lawyer.
3. We have heard the learned counsel for the complainant and went through the documents and papers as well as the evidence on affidavit filed by the complainant.  It is found that the complainant availed a cash credit loan from the O.P to manage his business and paid the installments up to 2011.  When the complainant failed to pay the installments, O.P sent a demand notice on 21.07.2011 to pay a sum of Rs.13,02,283/- plus accrued interest.  The O.P No.3 sent a lawyer’s notice dt.8.11.2011 demanding Rs.17,79,620/- within 7 days from the date of receipt of notice and the bank also sent a possession notice dt.14.12.2011 to pay Rs.17,47,280/-.

The complainant has stated that he had discussed with O.P Bank and agreed to pay a sum of Rs.17,00,000/- towards clearance of the entire loan.Accordingly the complainant paid Rs.5,00,000/- on 10.02.2012 and Rs.12,00,000/- on 26.01.2012 for the purpose but the complainant has not produced any such record wherein the Bank has ever agreed to accept a sum of Rs.17,00,000/- towards full settlement of the said loan Account.The O.P Bank vide their letter dt.21.03.2012 intimated the complainant that they have never agreed to close the loan account for Rs.17,00,000/-. (Annexure-9 as submitted by the complainant). The complainant again deposited a sum of Rs.2,51,997/- on 23.07.2012 and the said loan account was closed.As per advocates notice dt.08.11.2011 of the O.P Bank, the balance in the said loan account as on 04.11.2011 was Rs.17,79,620/- and interest on the said loan account was charged @ 13.25% as per the said legal notice.The complainant closed the loan account on 23.07.2012 and interest was charged till 22.07.2012.Interest @ 13.25% comes to Rs.1,69,259.00 say Rs.1,69,260/- on Rs.17,79,620/- ( for 262 days @ 13.25%).Hence the entire loan balance comes to Rs.17,79,620/- + Rs.1,69,260+ Rs.3117/-(penal interest) = Rs.1,51,997/-.The complainant has paid the same amount.Hence the complainant has not paid any excess amount as claimed by him.

Basing on the facts and circumstances as stated above, the complainant has failed to prove deficiency in service on the part of O.Ps.

ORDER

The case be and the same is hereby dismissed.

 

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 28^th day of February,2018  under the seal and signature of this Forum.

 

  ( Smt. Sarmistha Nath )

                                                                                                          Member (W)

 

                                                                                                                                                                                                                                                                                                                                 (Sri D.C.Barik)

President.

 

                                                                                                       (Sri B.N.Tripathy )

                                                            Member.