Orissa

Cuttak

CC/110/2019

Sanjeeb Kumar Das - Complainant(s)

Versus

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

A K Samal

27 May 2022

ORDER

IN THE COURT OF THE DIST. CONSUMER DIUSPUTES REDRESSAL COMMISSION,CUTTACK.

                                                                C.C No.110/2019

Sri Sanjeeb Kumar Das,

At/P.O/P.S:Bidanasi,Saraswati Nagar,

Dist:Cuttack.

At present working as S.Khallasi,

O/O:Asst. Engineer,Store P.H.Section,

SCB Medical Campus,Cuttack.                                                    ... Complainant.

 

                                                Vrs.

The Manager,

State Bank of India,

Jhanjirimangala Branch,

P.O:Telengabazar,P.S.Badambadi,

Dist:Cuttack..... Opp. Party.

                       

Present:               Sri Debasish Nayak,President.

                                Sri Sibananda Mohanty,Member.

 

Date of filing:    11.09.2019

Date of Order:  27.05.2022

 

For the complainant:          Mr. A.K.Samal,Advocate.

For the O.P.       :                  Mr. Gurudutta Kar,Adv. & Associates.

 

Sri Debasish Nayak,President                                      

            The case of the complainant as made out from the complaint petition in short is that he was working as an Executive Engineer,PH Division-I,Chhatrabazar,Canal Road,Cuttack and he had a joint Savings Bank Account alongwith his wife  bearing No.10145489365 at SCB Medical College Branch,Mangalabag,Cuttack.  His salary was being credited on each month to his said account.  Since because his salary was attached, he could not receive the salary proceeds continuously for the months of June,July and August,2019.  The complainant has further stated that without obtaining Garnish order how could his salary be attached.  Since because the complainant was not getting his salary for three consecutive months, he has been harassed without getting proper food, medicine, family maintenance and education of his children in school.  The complainant has further averred that his provident loan proceeds for Rs.50,000/- is also withheld from his account.  They have not received any notice to that effect for which he claims that the said provident fund loan amount of Rs.50,000/- along with salary for the month of June,July & August,2019 to the tune of Rs.35,620/- and another sum of Rs.50,000/- towards harassment and mental agony.  He has filed supportive documents to establish his stand.

2.         On the other hand, the O.P bank through the Branch Manager has contested this case and has filed written version.  As per the written version of the O.P bank, the case is not maintainable and liable to be dismissed due to suppression of facts.  The bank admits about the joint account of the complainant and his wife in the said bank and about the wife of the complainant namely Snehalata Moharana availing the term loan.  Since because both of them were irregular, they were requested repeatedly on several occasions to regularise the loan account and when no action was taken by them, the O.P bank having no other alternative have attached their account and diverted some amount to the loan account available at the O.P bank.  In this connection, the O.P has mentioned in the written version that when the borrower fails to repay the loan dues, bank is entitled to attach their any account in order to recover the dues as per Banking Rules.  As such, the case filed by the complainant is liable to be dismissed.

            To support the stand taken by the O.P bank, documents are also filed.

3.         Keeping in mind the averments from either sides as available in the complaint petition and written version as well, this commission feels it proper to settle the following issues for proper adjudication of this case.

i.          Whether the case as filed is maintainable?

            ii.         Whether the complainant had any cause of action to file this case?

            iii.        Whether the O.P had adopted any unfair trade practice?

            iv.        Whether the complainant is entitled to the relief as claimed by him?

Issues No.1,2 & 3.

            For the sake of convenience issues No.1,2 & 3 are taken up together first for consideration here in this case.   Keeping in mind the allegation and rebuttal evidence, it is noticed that the complainant in fact had a joint Savings Bank Account in the O.P.Bank.  It is also not disputed that the complainant and his wife had availed loan for which they were defaulting.  The documents filed on behalf of the O.P.Bank, clearly indicates about such loan being not repaid for which according to law, the O.P.Bank had attached the account in order to get the arrear dues from the complainant and his wife.  Thus, it cannot be hold here that there was any unfair trade practice adopted by the O.P. bank.  Accordingly, the complainant had no cause of action to bring this case and it cannot be termed to be maintainable.  These three issues are thus answered against the complainant.

Issue no.4.

            The complainant is thus not entitled to any of the reliefs as claimed.  Hence it is so ordered;

                                                            ORDER

            The case is dismissed on contest against the O.Ps but as regards the facts and circumstances of the case without any cost.

Order pronounced in the open court on the 27^th day of May,2022 under the seal and signature of this Commission.

                                                                                                                                        

                                                                                                                            

                                                                                                                              Sri Debasish Nayak

                                                                                                                                        President

                                                                                                                       

                                                                                                                             

                                                                                                                         Sri Sibananda Mohanty

                                                                                                                            Member.