Adv.for the complainant - B.S.Sathpathy
Adv.for the O.P - P.K.Tripathy & P.K.Mishra
Date of filing of the case – 24.07.2015
Date of order - 06.03.2017
JUDGMENT
Sri A.K.Purohit, President
1. The case of the complainant is that, while he was working in the Balalngir Municipality as a Tax Collector he availed a personal loan of Rs.41,000/- from the O.P.’s bank with the belief that Rs.500/- per month will be deducted from his salary. The complainant retired from his service on dated 30.11.2011 and was issued with no dues certificate from OP.No. 2. But suddenly the complainant was issued with a demand notice from the OP.No.2 for an outstanding loan amounting to Rs. 27672/- on dated 31.12.2014 and Rs. 4,000/- from his pension was deducted by the O.P. Hence the complainant has filed the case for a direction to waive the interest from the date of his retirement.
2. Both the O.Ps. have contested the case by filing their version separately. According to O.P.No. 1, under the UBI personal loan scheme a sum of Rs.41,000/- was sanctioned in favor of the complainant wherein the O.P.No.2 stood as the guarantor for his employee. The O.P. 1 raised demand for repayment of the loan on different occasion but the complainant remain silent over the same and lastly on dated 28.11.14 and 18.3.15 intimated the O.P.2 regarding the repayment of loan. The O.P. 1 clams no negligence on his part and claims dismissal of the case. The O.P.No.2 denied the complainant’s allegation and submitted that, whenever any scheme is available to its employee the same has been intimated to them for their knowledge and he has not stood guarantor for the loan amount of the complainant.
3. Heard the complainant. Perused the notes of argument filed by the O.P. Perused the pleadings and material available on record. Admittedly the complainant has availed a personal loan from the O.P.1 for an amount of Rs. 41,000/- on dated 9.11.2008 which is repayable from his monthly salary. It is seen from the sanction letter filed by the O.P.1 that, the personal loan of the complainant was sanctioned with some terms and conditions which was accepted by the complainant and has signed over the same. The terms and conditions are as follows:-“ (a) Repayment of loan shall start after one month from the date of disbursement of the loan by way of 36 nos of Equated Monthly Installments of Rs. 1421/- per month. Monthly installments shall be paid within 10 days from the date it falls due for payment.(b) Rate of interest once fixed should continue for the entire period of loan irrespective of subsequent change in rate of interest effected by the Bank.(c) In case of default/delay in paying the stipulated monthly installment penal interest 2% over the stipulated rate will be charged on the overdue installment for the period of default/delay beyond 10 days from the date it falls due for payment. (d) Your employer should duly intimate us about your transfer to other administrative unit, change in designation within one month of such eventualities.”
4. With these evidence available on record clearly shows that the loan amount of the complainant is repayable as per the aforesaid terms and conditions. The complainant has pleaded that he had received no dues certificate from the OP.No.2 after his retirement, but there is no evidence available on record to show that he had obtained no dues certificate from the bank. There is also no evidence either by way of affidavit or otherwise to show that the interest for the loan amount is not payable by the complainant after his retirement. When the complainant had availed the loan he is bound to repay the same as per the terms and conditions of the loan agreement. There is also no evidence available on record to show that the O.P. has acted beyond the terms and conditions of the loan agreement. Hence there is no deficiency in service on the part of the O.Ps.
5. Under the aforesaid discussion and material available on record the prayer of the complainant for a direction to waive the interest over the loan amount is not maintainable under the C.P.Act.
Accordingly the case of the complainant is dismissed without cost
ORDER PRONOUNCED IN OPEN FORUM THIS THE 6TH DAY OF MARCH’2017.
Sd/- Sd/- Sd/-
(S.Rath) (G.K.Rath) (A.K.Purohit)
MEMBER. MEMBER. PRESIDENT.
