Orissa

Jajapur

CC/16/2016

Shri Naresh Kumar Nayak - Complainant(s)

Versus

Bank of India - Opp.Party(s)

Badri Narayan Panda,D.K.Nath

30 Apr 2018

ORDER

IN  THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                        Present:      1.Shri Jiban ballav Das , President

                                                                            2.Sri Pitabas Mohanty, Member,

                                                                            3.Miss Smita Ray, Lady Member.                     

                                             Dated the 30th day of April,2018.

                                                      C.C.Case No.16 of 2016

Shri Naresh kumar  Nayak    , S/O Nabaghana  Nayak    

Vill. Jamupasi  ,  P.O/ P.S. Sukinda  

Dist.- Jajpur .                                                                                               …… ……....Complainant .                                                                                                      

                                                  (Versus)

1.Bank of India, At/P.O/  Jajpur Road, Dt. Jajpur

2.Bank of India, At. Daitari ,P.O. Talapada Dt. Keonjhar

                                                                                                                        ……………..Opp.Parties.                  

                                                                                                                            

For the Complainant:                       Sri  D.K.Nath, Sri B.N.Panda, , Advocates .

For the Opp.Parties :                       Sri  Jagannath Panigrahi,  Advocate.

                                                                                                     Date of order:  30 .04.2018.

MISS  SMITA  RAY , LADY  MEMBER .

            Deficiency in banking service is the grievance of the petitioner.

            The fact as per complaint  petition in short  is that the petitioner  is an unemployed graduate and to  maintain his  lively hood purchased a vehicle bearing No.   OR-04-E-9333  with the financial assistance of the OPs.1 for a sum of Rs.4,97,867/ on 6^th may-2012 . As per agreement the sanctioned amount along with interest shall be repaid in  47 installments by the petitioner .The 1^st installment commence from 30.05.12 with an amount of Rs 14,757/-  per EMI  .That the petitioner paid the installment regularly  and he  has already paid  Rs.2,83,721.64p/ till date .

            That it is pertinent  to mention here that the O.Ps  bank authority arbitrarily  , illegally has threatened  the petitioner to seize the vehicle on the road if the defaulted EMI is not paid in due date. when the petitioner contacted  the bank authority  they did not allow some time  and they did not pay  any heed to  the grievance of the petitioner  for which the petitioner has filed the present dispute  with the prayer  the Hon’ble Forum  may  pass an interim order to  protect  not to seize  the vehicle bearing No. OR-04-E-9333   by the O.Ps   and since  the petitioner is  willing to pay the  rest  outstanding dues of the vehicle  this forum and to obtain  NOC  from  the bank authority through the Forum  . Other wise the petitioner will suffer irreparable loss  .

            The O.Ps after appearance  through their learned advocate  subsequently  have filed their written version taking the stand

 That the above noted case is not maintainable in the eye of law .

The O.P.no1 is not necessary and proper party in the above noted case.   The petitioner has no locostandee to file this case . This Forum  has no jurisdiction to decide  this case against the  O.Ps as mentioned above .

            That the petitioner  is a engineer and special class contractor . He has a proprietory Engineering company vide name  and style as “M/S Naresh Engineering   . He is staying at Sect-111,O.M.C Ltd,Daitari,P.O.Talapada,Dt. keonkhar .He is doing his contractory business under O.M.C Ltd, Daitary  .That the petitioner had  applied to O.P.no.2 directly  for loan  on Rs.60,06,000/- . Vide A/C No.541872310000020  dt.25.08.11 for purchase of  two EYVA Truck . He has also obtained             a vehicle loan  of Rs. 5,45,000/- for purchase of a Bolero SLX on 06.03.2011 vide A/C No. 541872310000016  but the petitioner did not pay the loan amount   for which the said loan amount became N.P.A . In the mean time he has received huge amount from OMC, Daitari  but he intentionally did not pay the loan amount , so the bank was  under obligation  to seize the vehicle and auction  with the  knowledge of the petitioner .After adjustment of the  auction amount in the said loan A/C NO. 541872310000020 at  present outstanding loan amount comes to  Rs.31,98,377/- plus interest since N.P.A date i.e  on 30.06.15 .Further he did not repay the loan amount in the loan A/C No. 541872310000016 regularly . So the said account became  NPA . Now the outstanding amount in Bolero SLX loan A/C No.541872310000016 Rs.2,04,976.72 / till  7.01.16  plus interest calculated as on till date . That as per agreement  the financer Bank is the real and true owner of the said Bolero SLX/ vehicle . After repayment of  the total loan amount, the ownership will be transferred  from the name of the Bank to the name of the petitioner .  Due to default of payment of loan amount  by the petitioner the bank has served the notice to the petitioner for payment of loan amount . but the petitioner did not pay any heed to the notice of the O.P and avoiding and trying   to cheat  the bank  .The petitioner has suppressed the real facts of the matter and he has not come to this Forum with clean hands . The petitioner has not mentioned the time, reason and place regarding cause of action  , for which   this complaint is liable to be dismissed with cost.

            On the date of hearing we hard the argument from the learned  advocate of  both the sides. After perusal of the record and documents  filed from both the sides  in details  we observed that

It is undisputed fact that the petitioner has availed a loan  from O.P.no.2 to  purchase  a Bolero  . it is also undisputed fact that prior to this loan  the petitioner also obtained loan for  heavy vehicle on the strength of  hypothecation agreement from the O.Ps s . The petitioner is also a special class contractor .

            When We verified  the prayer of the complaint petition ,  it is observed  that the petitioner alleged that the O.P  arbitrarily  , illegally   threatened  him to seize the vehicle on the road if he did not pay the default amount in time but we do not come across with  a  single scrape of paper which will establish   the cause of action of the present dispute . The petitioner  also prayed in the complaint  petition that  the O.Ps may be  directed not to seize the above vehicle since  the petitioner is ready and willing to pay outstanding dues of the O.Ps  in  the forum  and  the O.Ps  may be directed  to issue NOC  and  to submit the same in  this fora . In the above  circumstances ,  it is our considered view that there is no cause of action  for the present dispute  and the petitioner is advised to approach  regarding his grievance before the authority of the  O.Ps  .

 

O R D E R

             Hence the C.C. Case is dismissed  U/S  26 of  C.P.Act  as it is vexatious  proceeding.

                        This order is pronounced in the open Forum on this the 30th  day of  April,2018. under my hand and seal of the Forum.