Orissa

Cuttak

CC/54/2021

Ashok Kumar Sethi - Complainant(s)

Versus

Urban Co-operative Bank Ltd - Opp.Party(s)

S S Chaini

12 Jul 2022

ORDER

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

                                                                                C.C.No.54/2021

                                Ashok Kumar Sethi,

S/O:Late Amar Sethy,

Res:At/Vill:Mahidas Bazar,

P.O:Chandini Chowk,P.S:Lalbag,

Dist:Cuttack,Odisha.                                                                ... Complainant.

 

                                                Vrs.

The Branch Manager,

Urban Co-operative Bank Ltd.,

Main Branch,Tinikonia Bagicha,

Buxi Bazar,Cuttack-753001.... Opp. Party.

 

Present:               Sri Debasish Nayak,President.

                                Sri Sibananda Mohanty,Member.

 

Date of filing:    15.03.2021

Date of Order:  12.07.2022

 

For the complainant:          Mr. S.S.Chaini,Adv. & Associates.

For the O.P .               :                   None.     

       

Sri Sibananda Mohanty,Member.

`           Case of the complainant is that he had executed a loan agreement with the O.P vide Loan Account No.111000546016 on 28.1.19 and had availed loan.  He had already paid 8 number of instalments.  The O.P has not provided him the loan agreement till date.  He had approached O.P No.1 to supply him the loan agreement and also the account statement, but the O.P had not provided the same to him.  Hence, the complainant on 23.12.20 had sent a registered letter to the O.P for providing him the loan agreement and the account statement but the O.P had still not provided the said documents to him.  It is further alleged by the complainant that due to non-availability of such agreement and accounts statement, he is not able to settle the loan dues for obtaining NOC from the O.P.  The O.P is charging higher amounts for settlement of the loan.  Hence, he has filed the present case for issuance of direction to the O.P to give the loan agreement as well as the account statement.  He has also prayed to give compensation of Rs.4,00,000/-  towards the mental agony and harassment as well as the cost.

2.         In order to prove his case the complainant has filed some documents.  The O.P though had appeared had not filed written version.  Hence he was set exparte.

3.         The complainant admitted to have taken loan from the O.P on 28.1.19.  Hence the O.P should have provided the loan agreement to the complainant.  The complainant alleged to have paid 8 number of instalments towards the loan dues.  The O.P is not supplying the accounts statement to the complainant inspite of his repeated approach.  Hence, he is not able to know about his outstanding loan dues.  By not providing the loan agreement and the account statement, the malafide intention of the O.P is clearly made out and thus it is a clear case of deficiency in service by the O.P.  In the absence of O.P who though have received notice but have not filed his written version nor had he contested this case.  It is for this, the Commission can safely conclude that the averments made in the complaint petition are found to be true being unchallenged.  Hence, it is so ordered;

                                                               ORDER

            This Commission directs the O.P to provide the loan documents to the complainant as well as the account statement.  It is also directed to the O.P to pay a sum of Rs.10,000/- towards compensation to the complainant alongwith a sum of Rs.5000/- towards the litigation cost.  This order is to be complied by the O.P within a month hence.

Order pronounced in the open court on the 12^th day of July,2022 under the seal and signature of this Commission.                                                       

                                                                                                                            

                                                                                                                            Sri Sibananda Mohanty

                                                                                                                            Member.

 

                                                                                               

                                                                                                                                Sri Debasish Nayak

                                                                                                                                        President