Orissa

Cuttak

CC/121/2015

Ayusmati Nihar Das - Complainant(s)

Versus

Branch Head,Kotak Mahindra Bank Ltd - Opp.Party(s)

B M Mohapatra & associates

12 Apr 2023

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.121/2015

          Ayusmati Nihar Das,

          W/O:Nihar Ranjan Das,At/PO:Barabati,

           P.S:Dharmasala,Dist:Jajpur.                                             ... Complainant.

          Vrs.

 

1.       Branch Head,

Kotak Mahindra Bank Ltd.,

At/PS:Badambadi Town & Dist:Cuttack.

 

2.       Branch Head,

Kotak Mahindra Bank Ltd.,

Kharvela Nagar,Bhubaneswar,

​                 Dist : Khurda

3.      R.T.O,Chandikhol, Dist-Jajpur.                                                        ...Opp. Parties.

 

 

Present:            Sri Debasish Nayak,President.

                             Sri Sibananda Mohanty,Member.

 

Date of filing:    16.11.2015

Date of Order:  12.04.2023

 

For the complainant:                    Mr. B.M.Mohapatra,Adv. & Associates.

For the O.Ps no.1& 2 :                Mr. B.P.Sarangi,Adv. & Associates.

For the O.P no.3      :                    None.

 

Sri Debasish Nayak,President                                                            

Case of the complainant as made out from the complaint petition in short is that she had purchased a truck bearing Regd. No.OR-04L-2371 by entering into an hypothecation-cum-loan agreement bearing No.CV-2048600 with O.Ps no.1 & 2.  As it appears from the petition filed by her that in due course she required NOC from the O.Ps No. 1 & 2.  She had paid a sum of Rs.17,10,000/- out of the total outstanding amount of Rs.21,51,190/-.  The balance amount of Rs.4,41,190/- is interest on the loan within 1^st September,2010 to 1^st June,2014.  The complainant had paid a sum of Rs.7,90,000/- and as per her statement, she had paid an excess amount of Rs.6,475/- to the said O.Ps.  Thus, by filing this case she has prayed for issuance of NOC by the O.Ps no.1 & 2 and to return her cheques alongwith the excess amount of Rs.6,475/- with interest thereon.  She has further prayed for the cost of the case and compensation of Rs.90,000/- from the O.Ps no.1 & 2.

          Together with her complaint petition she has filed copies of several documents in order to prove her case.

2.       Out of the three O.Ps as arrayed in this case, O.Ps no.1 & 2 have contested this case but O.P no.3 has not preferred to contest this case.  O.Ps no.1 & 2 through their written version/objection have stated that the complainant was sanctioned a loan of Rs.17,10,000/- for purchasing a Tata Truck bearing Regd. No.OR-04L-2371 through agreement no.CV-2048600 dt.12.7.2010.  As per the loan-cum-hypothecation agreement, the E.M.I was fixed for Rs.46,765/- effective from 1.9.2010 till 1.6.2014.  When the complainant became a defaulter, the arrear dues together with the overdue charges and other ancillary charges were to be recovered from the complainant.  The complainant had given them 17 number of cheques which were meant for the E.M.Is from the complainant out of which one cheque had bounced.  Inspite of the notice sent, the complainant had never approached them to clear the arrear dues for which they had to issue foreclosure notice to the complainant asking her to pay an amount of Rs.5,04,133.89p which was pending against her.  Thus, it is the prayer of the O.Ps to dismiss the complaint petition as filed being not maintainable.

3.       Keeping in mind the averments as made in the complaint petition and the contents of the written version of the O.Ps no.1 & 2, this Commission thinks it proper to settle the following issues in order to arrive at a proper conclusion here in this case.

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps  and if they have practised any unfair trade ?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Issue no.ii.

Out of the three issues, issue no.ii  being the pertinent issue in this case, is taken up  first for consideration here.

After perusing the contents of the averments as made in the complaint petition, the written version of O.P no.1 & 2 and after perusing the copies of documents as available in the case record, it is noticed that admittedly, the complainant had purchased a truck bearing Regd. No.OR-04L-2371 by obtaining loan from the O.Ps no.1& 2.  She had also executed the loan agreement and thereby had abided to the terms and conditions therein.  According to her, she had paid a sum of Rs.17,10,000/- out of the total outstanding amount of Rs.21,51,190/-and she had paid a sum of Rs.7,90,000/- towards interest and as per her statement she had already paid an excess amount of Rs.6,475/- to the said O.Ps.  But the O.Ps are not issuing NOC in her favour.  Per contra, the O.Ps no.1& 2 have filed copy of the loan agreement specifying the details of loan therein and the amount still pending to be repaid by the complainant to them, which includes the overdue charges etc.  Thus, the contention of the complainant that the O.Ps are charging illegally and arbitrarily huge amount from her and are not issuing NOC in her favour does not hold good here in this case.  As such, this Commission do not find any deficiency in service on the part of the O.Ps and also cannot conclude that the O.Ps have practised unfair trade.  Accordingly, this issue goes in favour of the O.Ps.

Issues no.i & iii.

From the discussions as made above, it can never be said here in this case that the case of the complainant is maintainable and the complainant is entitled to any of the reliefs as claimed by him. Hence it is so ordered;

ORDER

Case is dismissed on contest against the O.Ps and as regards to the facts and circumstances of the case without any cost.

Order pronounced in the open court on the 12^th day of April,2023 under the seal and signature of this Commission.          

                                                                                                                            Sri Debasish Nayak

                                                                                                                                       President

 

 

 

                                                                                                        Sri Sibananda Mohanty

                                                                                                                             Member