Orissa

Jagatsinghapur

CC/90/2019

Arundatta Jyoti Ranjan Bhatta - Complainant(s)

Versus

Branch Manager HDFC Bank Ltd - Opp.Party(s)

Mr.D.G.Mohapatra

19 Oct 2022

ORDER

                                                                                              JUDGMENT

 

            Complainant has filed this consumer complaint U/s.12 of C.P. Act, 1986 seeking the following reliefs:

            “Direct the opposite parties to expediously hand over the vehicle to the complainant and to pay Rs.10,000/- towards damage of khata and books on the road and due to illegal seizure and discontinuing of business of the complainant and Rs.15,000/- towards cost of compensation and mental harassment”.

            The brief facts of the case is that, complainant had taken a loan of Rs.56,186/- from opposite parties vide loan-cum-hypothecation agreement bearing loan account No.51129533 for purchasing Honda Activa two wheeler and as per the terms and conditions of agreement complainant has to repay the loan in 36 EMIs (Rs.2,061/- per EMI).

            The complainant in his consumer complaint has not whispered a single line on which date he took the loan and from which date he became a defaulter. The vehicle was repossessed by the opposite parties and by virtue of interim order dt.22.7.2019 the vehicle has been released on payment of three installments. Since two and half years both the parties are absent and we are in dark about the present stat us and position of the case regarding the dues pending and EMI paid by the complainant. The complainant is a regular defaulter for which the loan taken on 23.10.2017 amounting Rs.56,186/- became outstanding of Rs.62,427/- as on 14.12.2021 after paying several installments. The complainant has filed this case seeking protection and compensation on the ground that while the vehicle was taken possession on 16.6.2019 from the brother of the complainant, the agent of opposite party No.1 thrown the books and khata on the road which have been damaged due to rain which cost of Rs.10,000/-. But there is no evidence to the effect that there was rain on 16^th June, 2019 and books and khata have been damaged in the rain. It only appears to be a concocted story of the complainant to draw the sympathy of the Commission without giving the fact of the case in details and without filing any evidence to that effect.

           As per the terms and conditions of the agreement complainant has to pay the EMI regularly, the contract value amount was to be repaid in 36 equated monthly installments which was to be paid from 05.7.2017 to 05.11.2020.

            As such the contract/agreement has already been expired on 05.11.2020 and we are not aware as to how much EMI/amount complainant has paid and how much the opposite parties are due to get as both parties are absent since two and half years. We could have dismiss the case for default but to give proper justice we have taken pain go through entire records and direct as under;

            The complainant if not cleared the dues in the meantime, the entire amount to be paid within a period of four months from the date of passing order, failing which the opposite parties are free to take any steps as per law. With the aforesaid observation and direction the consumer complaint is disposed of without any cost.

            Pronounced in the open Commission on this 19^th October, 2022.