Dismissed

Shyam Sundar Sabat v. Bm,Odisha State Cooperative Bank Ltd.

Orissa HC3 May 2024WP(C)/1733/2018

Case brief

AI extract

What is this about?

This order admits a consumer dispute case involving loan closure issues. The court finds no infirmity in the consumer forum's order directing the bank to accept payment and issue a no-dues certificate, dismissing the writ petition.

What did the court decide?

Parties directed to comply with the District Consumer Dispute Redressal Forum's order dated 21.01.2017 dismissing the consumer case.

Shyam Sundar Sabat Vs Bm,Odisha State Cooperative Bank Ltd. — Consumer Protection | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.1733 of 2018

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Shyam Sundar Sabat …. Petitioner

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Represented By Adv.

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Mr. J. K. Khuntia

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-versus-

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…. The Branch Manager, Odisha Opposite Parties State Co-operative Bank Ltd., & Ors.

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Represented By Adv. Mr. P. R. Barik

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CORAM:

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DR. JUSTICE S.K. PANIGRAHI

ORDER

Order

03.05.2024

No.

1 . This matter is taken up through hybrid arrangement.

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2 . The Petitioner has filed this Writ Petition challenging

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the action of the Opposite Party Nos.2 and 3 in deducting Rs.2,07,537/- from the retiral benefits of the Petitioner without any intimation to the Petitioner.

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3 . Heard learned counsel for the Parties.

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4 . Learned counsel for the Petitioner submits that the Petitioner is an employee of Bharat Sanchar Nigam Limited. During continuance of his service, the Petitioner

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// 2 //

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availed a house loan of Rs.5,00,000/-. On 05.12.2015, the Petitioner visited to the Branch of the Opposite Party No.1/Odisha State Cooperative Bank Limited, Rourkela to close the loan account by paying the balance amount of Rs.1,47,600/- at one time. But, the Opposite Party No.1/Branch Manager, Odisha State Cooperative Bank Limited, Rourkela agreed to close the loan account with payment of Rs.2,95,430/-.

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5. Being aggrieved, the Petitioner has filed a Consumer Dispute Case vide C.C. Case No.4 of 2016 before the District Consumer Dispute Redressal Forum, SundargarII at Rourkela with a prayer to direct the Bank authority to receive an amount of Rs.1,47,600/-. The District Consumer Forum vide order dated 21.01.2017 was pleased to direct the Opposite Party No.1/Branch Manager, Odisha State Cooperative Bank Limited, Rourkela to receive the unpaid installments and issue No Dues Certificate in favour of the present Petitioner. Thereafter, the Petitioner approached the Bank authority for issuance of the No Dues Certificate.

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6. He further submits that in the meantime, the Opposite Party No.1/Branch Manager, Odisha State Cooperative

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Bank Limited, Rourkela had preferred appeal i.e. First Appeal No.126 of 2017 before the State Consumer Disputes Redressal Commission, Odisha, Cuttack. The said appeal has been dismissed by the State Consumer Disputes Redressal Commission, Odisha, Cuttack vide order dated 31.08.2018 confirming the order dated 21.01.2017 passed by the District Consumer Dispute Redressal Forum, Sundergarh-II, At-Rourkela in C.C. Case No.04 of 2016.

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7. He further submits that the Opposite Party No.2/General Manager, Telecom District, Bharat Sanchar Nigam Ltd. (BSNL), Rourkela deducting the monthly installment towards bank loan from the salary of the Petitioner, though the installment fixed by the Opposite Party No.1/ Branch Manager, Odisha State Cooperative Bank Limited, Rourkela has been cleared from the month of November, 2007 till November, 2017. Hence, the Petitioner is constrained to approach this Court.

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8. However, considering the facts and submissions made and upon perusal of the order dated 21.01.2017 passed by the District Consumer Dispute Redressal Forum, Sundergarh-II, At-Rourkela in C.C. Case No.04 of 2016 as

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well as the order dated 31.08.2018 passed by the State Consumer Disputes Redressal Commission, Odisha, Cuttack in First Appeal No.126 of 2017, this Court is of the view that there is no infirmity in the order dated 21.01.2017 passed by the District Consumer Dispute Redressal Forum, Sundergarh-II, At-Rourkela in C.C. Case No.04 of 2016 and in the order dated 31.08.2018 passed by the State Consumer Disputes Redressal Commission, Odisha, Cuttack in First Appeal No.126 of 2017. Accordingly, both the Parties are directed to comply with the order dated 21.01.2017 passed by the District Consumer Dispute Redressal Forum, Sundergarh-II, At-Rourkela in C.C. Case No.04 of 2016. 9. Accordingly, the Writ Petition is disposed of.

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10. Personal of the appearance Opposite Party No.1/Branch Manager, Odisha State Co-operative Bank Limited, Rourkela Daily Market Branch, Main Road, Rourkela is dispensed with.

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(Dr. S.K. Panigrahi)

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Judge

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Signature Not Verified

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Sumitra

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Digitally Signed Signed by: SUMITRA NAYAK Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 15-May-2024 19:17:29

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Shyam Sundar Sabat v. Bm,Odisha State Cooperative Bank Ltd.

Case brief

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Shyam Sundar Sabat v. Bm,Odisha State Cooperative Bank Ltd.

Case brief

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