Adv. For the Complainant: - Sri B.C.Pradhan
Adv. For O.P :- Sri P.K.Biswal & B.K.Mishra
Date of filing of the Case :-23.10.2017
Date of Order :-04.05.2020
JUDGMENT
Sri A.K.Purohit, President
1. The case of the complainant is that, while he was an employee of Mahatab High School, Loisingha he availed a personal loan of Rs. 1,00,000/- from the O.P. Bank which is repayable in 60 monthly installments @ Rs.2290/- per month. The complainant repaid the loan installments up to May’2014 regularly and thereafter become irregular in making repayment. Due to this irregularity the complainant with the approval of the O.P. repaid the loan amount on daily basis @ Rs. 100/- per day and lastly repaid an amount of Rs. 5000/- in the Lok Adalat. After this payment the complainant feels that he has no outstanding dues towards the said loan account but all of a sudden he has received a letter from the O.P. showing an outstanding of Rs. 1,93,261/- vide letter No. 107 dated 5.11.2015. The complainant alleges that, he was not allowed with a account statement from the O.P. to know the correct repayment of loan amount and hence he has preferred this case.
2. The O.P. contested the case by filing his written version. According to the O.P. the complainant is duty bound to repay the loan dues as per the terms and conditions of the loan agreement and the amount shown in the letter dated 5.11.15 is the outstanding dues against the complainant and he is bound to repay the same. The O.P. denied the complainants allegations and claims dismissal of the case.
3. Heard both the parties. Perused the complaint petition, written version and documentary evidence available on record. It is an admitted fact that the complainant had availed a personal loan amounting to Rs. 1,00,000/- from the O.P. Bank which has to be repaid in 60 monthly installments @ Rs.2290/- per month. The complainant has also admitted that there was irregularity in making repayment of the loan amount. The O.P. has also admitted that the complainant had repaid Rs. 5000/- on dated 4.11.11,Rs. 5000/- on dated 25.3.13, Rs. 4000/- on dated 31.3.14 and Rs. 5000/- on dated 14.2.15 and denied the payment in the lok adalat.
4. With these admitted facts it appears from the pleadings of the parties that, the loan amount has to be repaid in 60 monthly installments with simple interest which is the conditions of the loan agreement. Perused the Statement of Account filed by the O.P. It is seen from the statement that, since the complainant had default in making payment the same has been added in the principal and interest has been calculated as per the terms and conditions of the loan agreement. Therefore the outstanding amount shown in the account statement is not faulted with nor there is any shortcoming in calculation of the outstanding dues.
5. When the complainant availed the loan he is duty bound to repay the same as per the terms and conditions of the loan agreement. During course of arguments the learned advocate for the complainant submitted that the interest calculated is equal to the loan amount and hence the outstanding amount may be waived. Since it is held that the calculation of the outstanding dues is found to be correct this Forum has no jurisdiction to waive the same.
6. Under the aforesaid discussion and material available on record there is no deficiency in service on the part of the O.P.
Accordingly the case of the complainant is dismissed without cost.
Pronounced in the open Forum to-day the 04th day of May’ 2020.
Sd/- Sd/-
(S.Rath) (A.K.Purohit)
MEMBER. PRESIDENT
