Orissa

Jharsuguda

CC/93/2017

Sani Lal Kunwar S/O- Kisan Kunwar - Complainant(s)

Versus

Branch Manager INDUSIND BANK Ltd - Opp.Party(s)

S.P. Rai

28 Mar 2018

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO.93 OF 2017

 

Sani Lal Kunwar( 32 Yrs.),

S/O- Kisan Kunwar,

R/O: Cheruapada,

PO/PS/Dist: Sambalpur ,presently residing at Sarbahal,

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

 

                                                 

Versus

 

Branch Manager,

Indusind Bank Ltd.,Sambalpur Branch,

At/PO: Budharaja,PS: Ainthapali,

Dist: Sambalpur, Odisha……….…………….…....…….…..…….……..Opp. Parties.

 

 

Counsel for the Parties:-

For the Complainant                                   S.P.Rai, Adv. & Associates.

For the Opp. Party                                        A.K.Sahoo, Adv. & Associates.

 

Date of Order: 28.03.2018

 

Present

1. Shri Santosh Kumar Ojha, Member.

 2. Smt. Anamika Nanda, Member(W).

 

Shri Santosh Kumar Ojha, Member: - The brief facts of the complainant’s case is that, the complainant availed loan of Rs.17,00,000/- only from the O.P. on dtd. 23.12.2015 and purchased one Tata LPT 2518 TC(Tanker) bearing Regn. No.OD-15E-5125 which was to be returned within October,2019 with interest in monthly installments. The complainant has paid more than Rs.6,80,000/- only to the O.P as on August,2017 and around Rs.3,00,000/- only is due on the complainant till August,2017. The complainant is ready to pay the dues amount to the O.P but the O.P is demanding Rs.5,00,000/- only and seized the vehicle on dtd.27.05.2017, hence this case.   

The O.P. appeared through his counsel after being noticed and submitted that the complainant has availed loan of Rs.17,00,000/- only and  is a defaulter in making payments of installments. The O.P submitted the details of the loan account as the loan period started from 21.02.2016 to 21.10.2019.  Till the date of filing written version the complainant has outstanding dues of Rs.2,29.986/- only.  The O.P reminded several times through letter on outstanding dues and pre-sale notice but the complainant did not take any action as such the O.P repossessed the vehicle and sold the vehicle through auction sale.  The O.P denied all allegation made by the complainant.

Heard and perused the case record along with materials available. The complainant was financed a vehicle bearing Regn.No.OD-15E-5125 by the O.P. for amount of Rs.17,00,000/- only by executing an agreement between the parties bearing contract No.OSS00646D which was to be refunded with interest from 21.02.2016 to 21.10.2019. The extract of repayment schedule dtd.28.09.2017 issued by the O.P shows that the total contract value was Rs.23,20,480/- only. The O.P issued a letter to the complainant dtd. 02.06.2017 posted on the same day demanding total outstanding dues as on date Rs.2,64,380/- only after being repossessed the vehicle on dtd.31.05.2017 and provided time of seven days from the date of receipt of such letter, failing which they shall be constrained to take further steps in the matter, so also the O.P issued another letter on dtd. 22.06.2017 posted on 28.06.2017.

 The O.P repossessed the vehicle on dtd.31.05.2017 by issuing Repossession Inventory List. Besides the abovementioned two letters and Inventory List the O.P filed a copy of Loan Agreement, First Schedule, Second Schedule, and Statement of Account dtd. 25.09.2017 and Repayment Schedule dtd. 28.09.2017.

The O.P warned the complainant and issued Demand as well as Pre-sale Notices dtd. 02.06.2017 which was posted on same day and dtd. 22.06.2017 which was posted on dtd.28.06.2017 in which seven days time period were provided from the date of receipt of the said letters by the complainant for taking any further action If the complainant fails to comply within such stipulated period of time but the O.P failed to prove whether the complainant has received the said letters or not or can say on which date the complainant has received the said letters. On such ground the O.P has proceeded to take necessary further steps for sale of vehicle through auction sale. After auction sale taken place, if any, the O.P also failed to prove the details of the said auction sale such as date, amount of sale, whether the complainant is on due or any surplus amount remains after adjusting the total outstanding dues of complainant etc.

The O.P. may  repossessed the said vehicle in question as per the terms and conditions of agreement but also failed to reveal the exact term and condition in particular on which basis the O.P has repossessed the vehicle.

Repossession and auction sale of vehicle without proper clarification is illegal in the eye of law which exactly reflects from the activities of the O.P and such activities denotes towards gross unfair trade practice adopted by the O.P, hence this Hon’ble Forum allows the complaint petition with following directions to the O.P in form of order as follows;-

ORDER

 

The O.P. is hereby directed to waive out the entire outstanding dues of complainant if any and pay a sum of Rs.2,00,000/-( Rupees two lakhs) only to the complainant as compensation towards harassment, mental agony including litigation costs within 45(forty five) days from the date of receipt of this order, failing which the O.P shall be liable for interest @ 12% per annum on the above mentioned awarded amount till its realization.

            Accordingly the case is disposed of.

Order pronounced in the open court today the 28^th day of March’ 2018 and copy of this order shall be supplied to the parties as per rule. 

 

           I Agree                          

                                         

         A.Nanda, Member(W)                                                      S.K.Ojha, Member       

 

Dictated and corrected by me

 

     S.K.Ojha, Member