Date of filing : 29.11.2021.
Date of hearing : 31.01.2023.
Date of order : 07.02.2023.
Sri Hara Jyoti Nayak, aged about 27 years,
S/o: Sri Nava Prasad Nayak,
Plot No.207/2569, Raghunath Nagar,
Sisupalgarh, Bhubaneswar-751002.
.............Complainant
Versus
1. The Chief Manager,
Bank of Baroda, Bhadrak Branch,
Mohan Plaza, Rajghat
At/Po/Dist: Bhadrak-756100
2. The Regional Manager
Bank of Baroda
1st Floor, BivabGulmohar,
Behera Sahi Nayapalli,
Bhubaneswar, Odisha-751012
.................Opp.Parties.
Counsel for Complainant : In Person.
Counsel for the Opp. Parties : Ex-parte.
J U D G M E N T.
SHRI SHIBA PRASAD MOHANTY, PRESIDENT.
Deficiency in Banking Service is the grievance of the Complainant.
The case is taken up today for ex-parte hearing. This complaint has been instituted against the Opp. Parties on 29.11.2021.Notices have been issued toOpp.Parties on two occasions for appearance & filing of the written version. But the Opp.Parties even after receipt of Notices twice from this District Commission, they neither appeared nor filed their written version rebutting the allegations contained in the complaint. Accordingly, Opp.Parties are set-exparte on 11.11.2022.
The gist of the complaint is that the Complainant had availed an Education loan of Rs.1,60,000/- (Rs.80,000/- on 10.01.2013 and Rs.80,000/- on 02.07.2013) from O.P.No.1 Branch vide loan A/c.No. 30160600000384 and was regularly paying the dues from 31.01.2013 i.e. from the month of disbursement of 1st instilment of loan.Subsequently, the loan account of the Complainant was locked and deposit of amount could not be made as the deposited amount was less than the amount due and the account became NPA. After knowing this, the Complainant rushed to O.P.No.1-Bank and made an application. He also deposited Rs.5,000/- in the O.P.No.1-Bankon the same day I.e.28.09.2018. Thereafter, the Complainant deposited Rs.5,000/- each month consecutively for 25 months starting from 28.09.2018 till 3.09.2020, even during corona pandemic period in online mode. Again, a sum of Rs.1500/- was deposited on 03.11.2020 in O.P.No.1-Bank after which the loan account of Complainant showed excess deposit of Rs.418.41 paise. When the Complainant requested O.P.No.1-Bank to issue “No Objection Certificate” against his loan A/c.No. 30160600000384, the O.P.No.1-Bank in his mail dt.27.07.2021intimated that the Complainant had availed Education loan of Rs.2,00,000/- from the Bank, the account has become NPA on 18.10.2017, there is an overdue of Rs.1,12,656-26 and for which he cannot issue “No Dues Certificate”.Hence, the Complainant prayed before this Commission for a direction to O. Ps to issue “No Dues Certificate” and for payment of compensation for harassment made by O.Ps.
Perused the complaint petition and documents. Heard from the side of Complainant.Annexure-3 is the updated Pass Book issued by the O.P.No.1 to the Complainant against his loan account No. 30160600000384. This is the best piece of documentary evidence against the Opp.Parties 1 & 2 to ascertain details of loan disbursement and repayment made by the Complainant from the date of disbursement of loan till 03.11.2020. Loan account Pass Book shows that on 10.01.2013, a sum of Rs.80,000/- was debited to the account of Complainant. Similarly, a sum of Rs.80,000/- was debited to the account of Complainant on 02.07.2013. As such, in two phases, Rs.1,60,000/- was debited to the loan account of Complainant. On the contrary, Mail dt. 27.07.2021 of O.P.No.1 (Annexture-5) reveals that a sum of Rs.2,00,00/- was availed by the Complainant towards education loan. It appears that the O.Ps-Bank have maintained double standardwhich is not expected from a Nationalized Bank. Updated Pass Book issued by O.P.-Bank is the mirror of loan account from which one can easily know the details of transaction made therein from loan disbursement date i.e.10.01.2013 till deposit of excess amount of Rs.418.41 paise on 03.11.2020.Further perusal of loan account Pass Book, it reveals that on dated 03.11.2020, there was an excess deposit of Rs.418.41 paise against the loan account of Complainant. Annexture-1 is the copy of application made to O.P.No.1 on 28.09.2018 to regularize the loan account. It is not known what action did the O.Ps take on this application. As such, we are inclined to hold that O.Ps have committed negligence in duty and deficiency in Banking service.
O R D E R.
In the above facts and circumstances of the case, we allow the complaint ex-parte against the Opp.Parties 1 & 2 and direct them to issue “ No Dues Certificate” to Complainant and to refund the excess amount of Rs.418.41 paise received by them within a period of 30 days from the date of receipt of order along with compensation of Rs.10,000/- for harassment & mental agony.
This order is pronounced in the open Court on this the 7th day of February 2023 under my hand and seal of the Commission.
