The complaint in brief is that, he is a consumer under the OP.s vide his saving A/c no.30998091295 since 23.12.2009. The complainant has also an agricultural loan account with the main branch of OP.2 vide KCC No.32406376726. That on 19.01.2017, when the complainant approached the OP-1 for withdrawal of some amount to meet his necessities such as to clear some agricultural hand loan towards seeds, fertilizers and pesticides as well as for labour payment, out of the amount credited to his S/B account towards sale of paddy for the year 2016-17, under the PPS scheme, he was amazed and shocked to see that though the paddy sale proceeds of Rs.73,500/- only, Rs.69,340/- & Rs.44,100/- only was credited in to his account on 03.01.2017, 04.01.17 & 11.01.17 respectively, but he found that the OP.2 has debited an amount of Rs.78,188/- on 18.01.17 arbitrarily without any intimation or notice to the complainant. The complainant being an aged man due to the inaction and deficiency in service he suffering from mental agony and financial losses. Hence he prayed before this forum to credit the debited amount of Rs.78,188/- to the A/c of the complainant, besides allow a sum of Rs.50,000/- as compensation and Rs.10,000/- as cost of litigation in the interest of justice.
2. The counsel for OP.s filed his counter affidavit wherein he averred that, the complainant has applied for agricultural loan of Rs.46,000/- to the OP.2 on 02.07.12 and after due process the OP.2 sanctioned the loan amount on dt.03.07.12. He further submitted that the complainant has also a saving account with OP-1 since 21.12.2009 vide CIF number 85690848246 but the borrower has made default in repayment of the loan amount and accordingly the loan account turned into non performing status on 21.09.16. Despite number of notices the complainant did not responded. Between 03.01.17 to 11.01.17 the Saving a/c of complainant has credited a total sum of Rs.1,86,940/- and accordingly the OP. bank in order to recover the public money has exercised its duty. It is further submitted that before debit the amount of Rs.78,188/- the OP issued a notice to the complainant and the copy is enclosed herewith for kind perusal of the Hon’ble forum. The Bank has debited the so called amount as per hypothecation agreement between both the parties. Hence there is no deficiency in service on their part, so they prayed to dismiss the case with cost.
3. The counsel for both parties has filed copy of some relevant documents and both heard the case at length. Considered.
4. It reveals from record that, the complainant is a SB A/c holder of OP.s vide his A/c No. 30998091295 and he has previously borrowed loan of Rs.46,000/- from the OP.s. The complainant contended that the OP.s debited Rs.78,188/- on dt.18.01.2017 arbitrarily from his existing SB account without prior any intimation or letter. Hence being aggrieved he prayed for compensation and cost. On the other hand it is seen from the evidences filed by the OP.s that, they have previously sanctioned Rs.46,000/- as crop loan but despite demand notices the complainant neither deposited the loan dues nor replied to their demand notice. The counsel for OP.s filed hypothecation agreement along with a demand notice vide letter No.RBO/29/318 dt.29.09.2016 for our perusal.
5. Before going to the conclusion it is seen that, the OP Bank has issued demand notice on dt.29.09.2016 and after waiting of above 03 months they have debited Rs.78,188/- as per their contract norms as mentioned in the hypothecation agreement. Hence in our view the action of OP.s cannot be treated as deficiency in service and no arbitrary action made on the part of OP.s. Hence the demand of compensation and cost is baseless, hence accordingly we dismissed the case without any cost. However the complainant is at liberty to apply fresh crop loan under due process. Pronounced on 29th day of August' 2017.
MEMBER MEMBER, DCDRF,
NABARANGPUR.
Date of Preparation:
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Date of received by
the A/A for Ops / Complainant :
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