DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 46 OF 2017

Sumesh Saran (46 Yrs.),

S/O- Laxmi Narayan Sarna, Occu: Business,

RO: Thakurpada, PO/ PS: Brajrajnagar,

Dist: Jharsuguda,Odisha…………………………....…..………………Complainant.

Versus

Branch Manager,

State Bank of India,MCL Campus Branch,

Near G.M.Office of MCL Orient Area,Brajrajnagar,

Dist: Jharsuguda,Odisha………………………………………………….Opp. Party.

Counsel for the Parties:-

For the Complainant                                   Sri B.N.Dutta,Adv. & Associates.             

For the Opp. Party                                   Sri K.C. Agrawal, Adv. & Associates.

Date of Order: 28.08.2017

Present

                                                                                            1. Shri S.L.Behera, President.

                                                                                            2. Shri S.K. Ojha, Member.

                                                                                            3. Smt. A. Nanda, Member (W).

Shri S.L. Behera, President :-   The brief facts of the complaint case is that, the complainant is the registered owner of one truck bearing Regn. No. OR-23B-5585  finance by the O.P. The complainant has taken finance amount of Rs.12,02,797/- only on dtd. 11.03.2008. During the agreement period due to fal of market the transportation business the complainant could not able to run the vehicle smoothly and voluntarily surrendered the vehicle on 24.11.2014 to the O.P. The O.P auctioned the vehicle and issue No Objection Certificate.  At the time of financing the vehicle, the complainant has deposited original ROR of the landed property before the O.P but after termination of loan account the O.P. has not returned the said original ROR, hence this case.  

            The O.P appeared after being noticed and submitted that the complainant had taken loan of Rs.12.80 lakhs to purchase a Tata Make truck by mortgaging landed property of complainant’s father Laxmi Narayan Sarna bearing Khata No. 610/707, Ac.0.044 of Mauza Brajrajnagar Town Unit No. 1. The complainant was liable to pay the loan amount in 60 nos. of monthly installments. The complainant fails to pay the installments and was liable of Rs.14,64,726/- only with interest calculated up to 15.05.2017.  The O.P. sold the vehicle on auction sale for Rs.2,00,000/- on 23.03.2015 and adjusted in loan account but till date Rs.10,87,433/- only is still due with the complainant.  The O.P issued a notice dtd. 04.01.2017 to the complainant U/s-13(2) of SARFAESI Act, 2002 for payment of outstanding dues otherwise the mortgage landed property would be sold. The O.P. prayed for dismissal of the case.   

            Heard from the parties and perused the materials available on record. The O.P has filed various documentary evidence in support of his case including a demand notice to borrower for immovable properties dtd. 04.01.2017 issued to the complainant mentioning “Notice U/s-13(2) of Securitization and Reconstruction of Financial Assets and Enforcement of security Interest (Second) Act, 2002 ( No.3 of 2002)”.

            The O.P applied Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI Act, 2002) for recovery of loan account  and on the same strength this Hon’ble Forum binds its hands on deciding of such matters.  Hence the complaint petition is hereby dismiss with no costs.      

Accordingly the case is disposed of.

Order pronounced in the open court today the 28^th day of August’ 2017. Free copy of this order be communicated to the concerned parties as per rule. 

               I Agree.                             I Agree.                                                                                           

1. Nanda, Member( W)         S.K.Ojha, Member        S. L. Behera, President                   

                                     Dictated and corrected by me

            S. L. Behera, President