DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 05 OF 2014
Nilambar Saraph ( 42 Yrs.),
S/O-Late Shiva Sankar Saraph,
R/O- Sunaripara, Sundargarh,
Dist: Sundargarh, Odisha. At present resident at Belpahar,
PS- Belpahar, Dist -Jharsuguda, Odisha……………….……..….… Complainant.
Versus
- Branch Manager,
Kotak Mahindra Bank Ltd.,
Main Road, Rourkela-1,
Dist: Sundargarh, Odisha.
- Regional Manager,
Kotak Mahindra Bank Ltd.,
184, Janpath, Kedarson Plaza,
Kharvel; nagar, Bhubaneswar,
Dist: Khurda, Odisha..……………..…………………………………..….Opp. Parties.
Counsel for the Parties:-
For the Complainant Shri N.K. Mishra, Adv. & Associates
For the Opp. Parties. Shri A.K. Sahoo, Adv. & Associates.
Date of Order: 28.10.2014
Present
1. Shri S.L. Behera, President.
2. Shri S.K. Ojha, Sr. Member.
3. Smt.A. Nanda, Member(W).
Shri S.L. Behera, President :- The complainant’s case in brief is that, he has purchased a vehicle bearing Regn. No. OR-16-D-3957 being financed by the O.Ps by entering into a hire purchase agreement. The complainant was liable to pay the entire loan amount in monthly installments as per the agreement executed between both the parties. The complainant was paying the monthly installments regularly. The complainant could not paid some of the installments in time due to breakdown of vehicle, irregularity in mining operation, workers unrest, and public strikes and his illness but not intentional. The O.P repossessed the said vehicle on dtd. 17.01.2014 forcefully without any prior notice to the complainant while the complainant has paid 32 nos. of installments before the said seizure of the vehicle and there are only 3 nos of installments due upto that period. The complainant assured the O.P to clear all the dues within a short period of time but the O.P seized his vehicle forcefully on which the complainant filed this case alleging unfair trade practice on the part of O.P.
Being noticed, the O.P appeared and filed written version by submitting that, the complainant has taken loan of Rs.13,19,150/- only ( including interest) against purchase of vehicle. The complainant was liable to pay the said loan amount in 35 nos. of EMIs. @ Rs. 37,690/- only per month but he was not paying the installments in due time. Further the O.P stated that, he has not committed any deficiency in service and prayed for dismissal of the case.
Heard from parties in length, perused the materials available in the case record. The complainant has purchased the vehicle which has been financed by the O.P, where the complainant was liable to pay the loan amount in 35 nos. of monthly EMIs. @ Rs.37,690/- only started from dtd.01.10.2010 to dtd. 01.08.2013. The complainant failed to pay some of the monthly installments in time which tuned to Rs.3,58,536/- only up to dated 02.01.2014 as per the statement of accounts issued by the O.Ps. dtd. 02.01.2014.
As the complainant has purchased the vehicle by taking loan from the O.P and interested to pay all the dues, but due to some unavoidable circumstances he could not paid some of the installments in due time which was not intentional. Subsequently the O.P has seized the said vehicle without any information to the complainant, as the O.P has failed to prove whether such notices issued to the complainant (prior to the seizure of the vehicle) had been properly served to the complainant or not, which amounts to deficiency in service on the part of the O.P. In the other hand the complainant is also liable to pay all the outstanding dues to the O.P.
In view of the above facts and circumstances, we are in considered opinion to allow partly of the complaint petition by directing the O.P to receive the balance outstanding dues amount from the complainant as per law.
Accordingly the case is disposed of.
Order pronounced in the open court today the 28th day of Oct’ 2014 and copy of this order shall be supplied to the parties as per rule.
I Agree. I Agree.
Sd/- A.Nanda, Member (W) Sd/- S. K. Ojha, Member Sd/-S.L.BeheraPresident
Dictated and corrected by me.
Sd/-S.L.Behera, President
