PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.- 201/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

Ansuman Panigrahi,  Aged about 48 years.

S/O-Dura Prasad Panigrahi,

R/O-Sundhimunda, Rairakhol,Dist-Sambalpur-768106,Odisha.

Through its Auttorny holder,

Abhinash Panigrahi,

S/O- Durga Prasad Panigrahi.                                ……………..Complainant

Vrs

1. The Branch Manager, HDB Finance Services Ltd.

2^nd Floor, Quality Mansion, Nayapara Gole Bazar, Sambalpur,

Dist-Sambalpur-768001,Odisha.

2. The Managing Director, HDB Finance Services Ltd.

Radhika, 2^nd floor, Law Garden Road, Navrangpura,

Ahmedabad-380009, Gujarat.                               ……….....Opp.Parties

Counsels:-

1. For the Complainant         :- Mrs. A.Ghusi & Associates
2. For the O.P.s                       :- Sri. A.Sahoo & Associates

Date of Filing:28.06.2024,  Date of Hearing :05.11.2024,  Date of Judgement :09.12.2024

Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant availed a loan of Rs. 19.00 lakhs from the O.Ps a construction Equipment crane bearing No. OD-15S-5477 for self employment of his brother Abinash Panigrahi and accordingly executed contract No. 20118390. 45 EMIs were fixed and each EMI   Rs. 53,300/- commencing from 04.01.2021 to 04.09.2024. The O.Ps not supplied the documents within one week of commencement of contract.

Due to slow down of construction work the Complainant could not pay 14 EMIs of Rs. 7,73,625/-. The Complainant talked with O.P.No.1 for one time settlement but the O.Ps forcibly took the crane without intimation which was kept in front of house of Complainant. The O.Ps insisted for entire loan amount. Although Complainant was ready to pay 50% of the outstanding amount, the O.Ps demanded illegal over due charges and misc. charges. The seizure of the crane is illegal made with hired goondas.

2. The O.Ps in reply submitted that the complaint is not maintainable. The Complainant is a habitual defaulter and against contract No. 12899591 installment dues was Rs. 9,86,825/- and total dues Rs. 14,55,933/- as on 04.07.2024. As per order dated 01.07.2024 in I.A. No. 13/2024 the Complainant not deposited Rs. 4.00 lakhs and did not turn up. The Arbitrator R. Ganesan after observing all procedures passed award on 28.12.2022. The vehicle has been used for commercial purpose and self employment means employing himself in employment. The Complaint is frivolous and vexatious.
3. Perused the documents filed by both the parties. The O.Ps filed the award in Arb. Case No. ARC/HDB/VL/34559/2022 dated 28.12.2022. From Account statement it reveals that on 04.07.2024 an amount of Rs. 14,55,933/- was lying outstanding against the Complainant. This Commission directed the Complainant to deposit Rs. 4.00 lakhs as per order dated 01.07.2024 but the Complainant not deposited the amount within the stipulated period.
4. The Complainant has not come to the Commission with clean hand and suppressed the award in arbitration proceeding. Accordingly, the complaint has no merit and dismissed. No cost.

Order pronounced in the open court on 9^th day of Dec 2024.

Supply frees copies to the parties.