PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR
CONSUMER COMPLAINT NO. 135/2023
Present-Dr. Ramakanta Satapathy, President,
Sri. Sadananda Tripathy, Member,
Mohammad Sakil,
S/o-Mahammad Khursid,
R/O-Nagan Choti, Back Side Women’s College, Motijharan, Ps-Dhanupali
Tahl/Dist-Sambalpur,Odisha. ….…......Complainant.
-Vrs.-
- The Branch Manager, Punjab National Bank,
Maneswar Branch, Sambalpur,
Dist-Sambalpur-768005 …………........Opp.Party
Counsels:-
- For the Complainant :- Dr. R.K. Maharana & Associates
- For the O.P.No. :- Ex-parte
Date of Filing:07.09.2023,Date of Hearing :18.12.2023,Date of Judgement : 30.01.2024
Presented by Dr. Ramakanta Satapathy, PRESIDENT
- The case of the Complainant is that the Complainant purchased a Mahindra 275 DI, Tractor obtaining a loan of Rs. 5,40,000/- vide A.C No. 252000JT00000210 dated 24.01.2017. Monthly installments of Rs. 12,000/- was fixed and the Complainant depositing the installments till 2020. Due to Covid-19 situation 2020-2022 due to no business of transplantation unable to pay the installments. The O.P. without giving any prior notice and giving opportunity of settlement forcibly took away the tractor bearing No. OD-15-G 8985 on 08.05.2023. After discussion with O.P. the Complainant deposited Rs. 80,000/- on 21.06.2023 to release the tractor. The O.P. returned the vehicle on 28.06.2023 and reflected in memo of seizure for 6 days although from 08.05.2023 to 21.06.2023 illegally used the tractor. The Complainant could not get back his tool box and tyres were worn out, diesel of 30 ltrs was empty and sand of Rs. 5000/-. For unfair trade practice and deficiency in service complaint has been filed.
- The O.P. has been set ex-parte.
- Perused the documents filed by the Complainant. Mahindra 275DI tractor No. OD-15G-8985 has been registered with the Complainant and hypothecated with the O.P. along with tractor No. OD15-8986. The O.P. has issued receipt for Rs. 80,000/- on 21.06.2023 which has been reflected in the account statement. An amount of Rs. 2,59,026.33P is lying outstanding as on 31.07.2023. On 24.01.2027 and amount of Rs. 5,40,000/- loan has been granted by the O.P. From letter dated 28.06.2023 it reveals that Puspanath stockyard has been directed to release the tractor as the loan account No. 252000JT00000210 has been standardised.
- The Complainant has filed his affidavit evidence and the O.P. failed to substantiate its stand. The O.P. while granting the loan has the authority to seize/the hypothecated vehicle as per Reserve Bank Guidelines following due procedures of law. In the present case it is the submission of Complainant that on 08.05.2023 the vehicle was seized and on 21.06.2023 it was released. It has been addressed to Pasupanath Stockyard that the vehicle needs to be released. This implies seizure of vehicle and release of vehicle is true. While seizing a vehicle prior intimation to the borrower, appointment of seizure Agent, information to local police is required. Further at the time of seizure, seizure list needs to be prepared as inventory. At the time of release of vehicle as per inventory borrower’s satisfaction is required. The O.P. has not followed due procedures although has the right to seizure. It amounts to unfair trade practice and deficiency in service.
Due to seizure of vehicle by illegal way the Complainant sustained loss for the period 08.05.2023 to 21.06.2023 and it is a financial burden on the Complainant.
Accordingly, following order is passed.
ORDER
The complaint is allowed ex-parte against the O.P. The O.P. is directed to pay a compensation of Rs. 80,000 and litigation expenses of Rs. 10,000/- to the Complainant for unfair trade practice and deficiency in service. The Complainant is directed to deposit the EMIs on regular basis.
Order pronounced in the open Court today on 30th day of Jan, 2024.
Free copies of this order to the parties are supplied.
