J U D G M E N T.
Brief facts of the case is that :- The Complainant in this case is the Widow of Late Jagannath Tandi who availed a house loan from S.B.I., Khariar in the year 2001 vide Loan A/c No. 11155231372 and he died in the year 2012 on dated 16.10.2012 leaving behind his legal heir wife, both son and a daughter namely Nanda Kishor Tandi, Raj Kishor Tandi and daughter Rajanigandha Tandi. Here the wife is the complainant who got family pension and other benefit from the Govt. of Odisha. As per petition, the complainant has informed the matter of death of her husband to the S.B.I., Khariar (O.P.) still the SBI, Khariar has no corresponding with the petitioner till today rather arbitrarily and illegally set hold the account of the complainant on dated 22.03.2015 to 06.7.2015. The S.B. Account of the complainant was set hold at the same time the O.P. has transferred Rs. 15,000/- from S.B. Account to loan account on dated 06.7.2015 without knowledge of the present complainant wife of the deceased Late Jagannath Tandi which caused financial hardship and mental agony to the complainant and she has filed this case due to that deficiency in service of the O.P. The Chief Manager, State Bank of India, Khariar Branch. The complainant has depended upon only from the source of pension benefit after death of her husband and there is no other source of income for her livelihood. So the O.P. has set hold the S.B. Account of the Labanyabati Tandi (complainant) is illegal and clear instances of deficiency in service of the O.P.
According to the version of the complainant, she is not liable personally for repay the loan dues of Late Jagannath Tandi by debiting her pension benefit account. The O.P. has deducted Rs. 5,000/- in every month from the S.B. Account of the complainant still the O.P. has issued a notice on dated 07.12.2015 U/s 13(2) of Secularization and Reconstruction of financial Assets and enforcement of Security interest Act, 2002 to the complainant for taking possession of the landed property of the Late Jagannath Tandi vide Khata No. 362 Plot No. 155 Area Ac. 0.04 of Mouza – Chanabeda recorded in the name of Late Jagannath Tandi where the residential building is present till today.
The complainant has made a request to the O.P. after getting notice for payment of loan dues for 60 days to arrange money to repay the loan amount of Rs. 2,41,139/- till 07.12.2015. the complainant has filed this case for without intimating her, the O.P. has deducted Rs. 15,000/- from her SB Account and threatened her to pay the outstanding due of her deceased husband loan account vide No. 11155231372.
The complainant has claimed for review of excess interest charged on her loan amount by the O.P. and repay the amount of Rs. 40,000/- deducted from her SB Account with 12% interest. The O.P. has not to hold the account of the complainant. The complainant has claimed Rs. 50,000/- towards cost of litigation and not to debit any amount from her pension benefit.
The O.P. has filed his version on dated 20.12.2016 and admitted the fact that, the husband of the present complainant has availed a house loan vide A/c No. 11155231372 from SBI, Khariar (O.P.) on dated 19.03.2001 and the monthly loan installment was Rs. 2,904/- per month, the son of the loanee Late Jagannath Tandi was the guarantor of the loan. The loanee Jagannath Tandi has not paid the loan dues regularly during his survival period even from 2005 to 2008 not a single monthly installment he has paid and from February 2009 to June 2015, only Rs. 50,000/- paid by him and July 2015 to March, 2016 Rs. 40,000/- paid by the loanee husband of the complainant.
The present complainant has submitted the death certificate of late Jagannath Tandi to the O.P. after submission of a notice by Regd. Post on dated 02.4.2013 for payment of outstanding dues Rs. 2,05,489/- which was accrued in the name of late Jagannath Tandi. After notice to the guarantor Nanda Kishor Tandi S/o. Late Jagannath Tandi, he submitted death certificate on 04.4.2013. On January 2015, the S.B.I., Khariar (O.P.) has visited the village Chanabeda of the complainant and advise her for payment of outstanding dues in the loan account after that the complainant wife of borrower Jagannath Tandi has deposited Rs. 15,000/- in the Bank’s loan account and given a written letter for deduction of Rs. 5,000/- each month from the SB Account of her husband. Due to the written request of the wife of the lien on dated 28.10.2015. the O.P. has accordingly deduct Rs. 5,000/- every month. The Bank has every right to exercise his loan on amount lying in other account without any notice as per terms and conditions of the loan.
The S.B.I., Khariar (O.P.) has submitted that the wife of Late Jagannath Tandi, the present complainant has got Rs. 3,78,716/- (Rupees three lakhs seventy eighty thousand seven hundred and sixteen) only after death of her husband on 08.6.2013, Rs. 1,64,260/- on 19.9.2014, Rs. 38,000/- on 06.8.2014 Rs. 54,777/- on dated 12.02.2015 Rs. 1,05,050/- on 11.02.2015 from the Govt. towards Gratuity, GPF, other financial assistance of Govt. still no payment has been made by her rather she has submitted that, the complainant namely Lananyabati Tandi is fully depending upon the pension and death benefit of her husband even her son Nanda Kishor Tandi has got Govt. service at Collectorate, Nuapada (who was a guarantor in the loan account) by Rehabilitation Scheme of his father’s death.
The loanee Jagannath Tandi has mortgaged his landed property in case of default towards payment of loan amount. The Bank (O.P.) has agreed a contract and informed later on even display in notice board of the O.P. and residence of the complainant for payment of the outstanding loan still no payment has been made by her. The O.P. has not taken any steps as per law of SARFAES Act, 2002 TO Safeguard the interest of the customer.
The Hon’ble Forum has heard the argument and perused the records. The case is not for deficiency in service rather for Banker and the borrower financial relationship towards payment of outstanding dues of loan amount. The loanee Jagannath Tandi was expired on 16.10.2012 and before that also the loanee has not paid the loan amount regularly for that, the loan amount plus interest the outstanding dues was higher and higher, due to nonpayment of dues, even after death Jagannath Tandi. The present petitioner has got financial assistance and all dues after death of her husband still she has not paid the loan amount on outstanding in the name of her husband. So she filed this case to avoid payment of loan amount, the guarantor of the loan (Son of loanee ) Nanda Kishor Tandi has also not arranged for payment of the loan amount.
The Opposite party State Bank of India Khariar Branch has not taken proper steps to recover the loan amount from the guarantor as per law rather deduct the amount from his wife’s account (present complainant). The O.P. has not followed or adopts the exact procedure to recover the loan amount.
O R D E R.
After deciding the matter of the case and hearing and argument of the case the Hon’ble Forum has directed the (OP) Chief Manager,State Bank of India,Khariar Branch to settle the disputes within 2( two) months from the date of order and collect the outstanding dues as per guide line followed by Reserve Bank of India and not to debit /deduct the Pension benefit account of the widow of the loan( the complainant) rather follow the method for disbursement of the outstanding dues ,after settle the disputes inform the matter to the Forum within 6 (six)months.
Take lenient view towards collection of outstanding dues from the legal heir of the deceased Jagananth Tandi.
Hence this case is disposed off accordingly.
Judgment pronounced in the Open Court of the District Consumer Disputes Redressal Forum, Nuapada, this the 31st day of January 2017.
