Orissa

Cuttak

CC/73/2016

Sk. Zaheer - Complainant(s)

Versus

Branch Manager,Urban Co-operative Bank - Opp.Party(s)

B N Udgata

06 Jul 2022

ORDER

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

                                                            C.C.No.73/2016

                        Sk. Zaheer,

S/O:Late Sk.Jamir,

At:Idgha Rfoad,P.O:Chandini Chowk,

Cuttack-753002, at present at

C/O:Md. Matiullah,

Plot No.D/203,Sector-6,

Markat Nagar,Cuttack-753014.                         ... Complainant.

 

                                    Vrs.

1.       Branch Manager,

Urban Co-operative Bank,Main Branch,

At:Tinkonia Bagicha,Town/Dist:Cuttack-753001.

 

2.      Chief Executive,

Urban Co-operative Bank,

H.O: At:Tinkonia Bagicha,

                  Town/Dist:Cuttack-753001.

 

 

3.      General Manager,

Urban Co-operative Bank,

H.O: At:Tinkonia Bagicha,

                    Po: Buxibazar,Cuttack-753001                                               ...Opp. Parties

 

Present:        Sri Debasish Nayak,President.

                        Sri Sibananda Mohanty,Member.

 

Date of filing:    08.06.2016

Date of Order:  06.07.2022

 

For the complainant:          Mr. B.N.Udgata,Adv. & Associates.

For the O.Ps.               :                    None.     

 

 

Sri Sibananda Mohanty,Member.

 

 

Case of the complainant is that he has four brothers and two sisters.  His mother Sabirun Nisha had availed a loan for repairing of house from the O.P. No.1 by mortgaging her residential building standing over Khata No.309/12, Plot No.475, having an area of Acres O.040 dec. Under District Cuttack, SRO Cuttack, Tahasil:Cuttack Sadar, P.S:Bidanasi, Village:Tulashipur.  His mother expired in the year 2004.  The complainant is a retired employee of a Nationalised Bank.  The loan transaction made by her mother came to his knowledge in the year,2011, when he received a notice from the O.P No.1 addressed in the name of his Late mother about the OTS scheme.  In that letter, the O.Ps had advised for availing the opportunity of OTS scheme and asked her mother to apply for the same on or before 30.7.11.  Then only the complainant knew that her mother had availed a loan of Rs.30,000/- on 9.10.1996 and due to non-payment of monthly instalments, the loan account bearing No.,HR-924/5D was classified as NPA since 31.3.2005 and the outstanding dues as on 31.3.11 was of Rs.28,767/- towards the principal alongwith a sum of  Rs.1,15,577/- towards the interest.  Hence, he approached O.P No.1 for One Time Settlement (OTS) on 27.7.11 as per the instruction of the O.P bank and requested therein that he will repay the said amount immediately after receipt of intimation from the O.Ps to that effect.  The said offer was received by the O.Ps and while the complainant was waiting for the decision of the O.Ps regarding the OTS and he was intending to settle the alleged loan outstanding by repaying the settled amount under the OTS scheme, he was astonished by receiving a letter dt.4.12.13 from the O.Ps to the effect that his OTS proposal dt.27.7.11 wherein it is stated that his OTS proposal, mooted through the main branch of the bank and on scrutiny they found that the loan dues of his deceased mother of the complainant is secured by mortgaging immovable assets as against such factual position, during the operation of OTS scheme, the  Task Force for Urban Co-operative Bank fine tuned a scheme by putting in place a Rider for not to entertain NPA where net present value of secured asset outweighed the settlement amount.  It is, therefore, the “secured asset” underlying the loan dues that ipso facto restrained the Bank from taking the OTS application into the ambit of the scheme that was afloat till 30.9.2013.  It is alleged by the complainant that the letter of the bank reveals that bank was not practically interested to settle the loan dues of his Late mother but also was interested to linger the dispute and extract illegal money from the legal heirs of loanee.  However, the complainant immediately through R.T.I application requested the O.Ps for supply of certain information, in order to know the exact loan amount availed by his deceased mother and the loan outstanding against his mother as well as the loan documents including mortgaged document executed by his deceased mother for settlement of the loan outstanding by paying the settled amount.  But the O.Ps refused to give such information as the RTI Act in no longer applies to their bank.  The complainant on 30.11.15 & 14.4.16, requested the O.Ps to give certain informations as regards to the loan agreement but the O.Ps did not give any information to that effect rather, threatened to take coercive measures against the legal heirs of his mother by attaching the only residential building of the complainant without issuing any letter disclosing the outstanding loan dues.  Again the complainant on 26.5.16 submitted a representation to the O.Ps and requested to provide the statement of account showing the exact claim of the bank in respect of the loan account of his deceased mother alongwith the related loan documents in respect of the alleged loan account which will enable him to verify the same and convince other legal heirs of his mother to close the loan account.  It was also pointed out regarding the lacuna of the O.P bank for taking decision and for lingering the matter to take decision on the OTS proposal of the complainant but the O.P No.1 had neither replied to the complainant nor had supplied any document to the complainant.  It is stated by the complainant that as the O.Ps delayed in taking decision on his OTS application and took unreasonable time of two years to communicate their decision for which he could not pay interest for the said period.  Hence, the complainant has filed the present case with a prayer for issuance of direction to the O.Ps for settling the loan account of his Late mother Sabirun Nisha, and also to provide loan document related to the loan availed by his mother. It is also prayed for a direction to the O.Ps to settle the loan outstanding by waiving interest which was charged illegally as well as with a direction to the O.Ps to return the original mortgaged document.

            The complainant in order to prove his case has filed evidence on affidavit as well as copies of documents.

2.        The O.Ps after receiving notice appeared before this Commission but did not file written versions.  Hence they were set exparte.

3.        It is not disputed that the mother of the complainant had availed loan of Rs.30,000/- for repairing her house, who had died in the year,2004.  The complainant is one of the legal heirs of his deceased mother Sabirun Nisha.  He was not aware about any loan availed by his mother until receipt of the intimation from the O.Ps as regards to availing the opportunities of the OTS scheme.  In the letter of O.Ps as regards to OTS Scheme, the O.Ps had instructed to contact on or before 30.7.11 to O.P.1 for taking necessary instructions to that effect, hence, the complainant being one of the legal heir had applied for the OTS of loan Account NO.HR-924/5D.  But the O.Ps did not intimate him about his OTS application.  The O.Ps only on 4.12.13 intimated him to the effect that his OTS application cannot be considered.  It was also stated in that letter that the scheme was valid till 30.9.13.  The complainant thereafter also had approached the O.Ps to provide loan documents, so that he can repay the loan amount by way of OTS.  The O.Ps in their letter vide Annexure-1 (Exhibit-1) had stated that the OTS proposal of the complainant cannot be considered.  It reveals from that letter that said OTS scheme was valid till 30.9.13.  The complainant had applied for OTS proposal on 27.7.11 which was within the time but the O.Ps remained silent and after lapse of OTS scheme period on 30.9.13 intimated the complainant on 4.12.13 vide Annexure-2(Exhibit-3)to the effect that OTS proposal of the complainant cannot be considered.  The O.Ps took unreasonable time for two years and above for considering OTS application of the complainant and after lapse of period, fixed by them for OTS scheme i.e., 30.9.2013, they had intimated the complainant vide its letter dt.4.12.2013 that as the OTS Scheme period is over, his case cannot be considered.  Such types of activities of O.Ps are unwarranted and due to highhandedness of the O.Ps, he could not settled the loan account.    The O.Ps in their letter dt.4.12.2013 also had stated that after 30.9.2013,OTS application cannot be considered but they were silent about the  R.B.I guidelines to that effect.  Hence, it is noticed that there is clear case of deficiency of service by the O.Ps.

            In the absence of the O.Ps, who though have received notice have not filed their written version nor contested the case, this Commission can safely conclude that averments made in the complaint petition of the complainant are found to be true being unchallenged and unshattered.  Hence it is so ordered;

                                                            ORDER

            This Commission directs the O.Ps to provide loan documents to the complainant as per his last representation vide Annexure-7 series(Exchibit-7 series) so that he can apply for OTS and repay the loan dues.  It is also directed to the O.Ps that they are estopped to charge interest from dated 27.7.11 since when the complainant had applied for OTS scheme till the compliance of this order.  It is also directed to the O.Ps to pay only Rs.10,000/- towards compensation to the complainant and this order is to be complied by the O.Ps within a period of 30 days hence.

Order pronounced in the open court on the 6^th day of July,2022 under the seal and signature of this Commission.                             

                                                                                                                            

                                                                                                                            Sri Sibananda Mohanty

                                                                                                                                     Member.

                                                                       

                                                                                                                          Sri Debasish Nayak

                                                                                                                                President