Orissa

Jharsuguda

CC/117/2019

Randhir Sahu S/O- Late Jawahar Sahu - Complainant(s)

Versus

Branch Manager, Kotak Mahindra Bank Limited - Opp.Party(s)

S.L. Behera

26 Oct 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, JHARSUGUDA

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CONSUMER CASE NO.117/2019

Randhir Kumar Sahu,

S/o- Jawahar Sahu,

Ro- Ranibagicha, Ps- Town,  

Dist.-Sundargarh, Odisha………..………..………...…………Complainant.

                                                 

Versus

1. Branch Manager,

Kotak Mahindra Bank Limited, Rourkela Branch,

At- L/3 Sanjivani Park, Civil Township Road, Rourkela

Dist- Sundargarh, Odisha.

 

2. Branch Manager,

Kotak Mahindra Bank Limited, Bhubaneswear Branch,

184, Janpath kedarson Plaza,

Khervel nagar, Bhubaneswar…………….…..…….……..Opp. Parties.

 

Counsel for the Parties:-

For the Complainant                             Sri N.K. Naik, Adv. & associates.

For the Opp. Parties                            Sri A.K. Sahoo, Adv. & Associates. 

 

Present:-     1. Smt. Jigeesha Mishra, President.

                     2. Smt. Anju Agrawal, Member.

 

Date of hearing- 12.10.2022                       Date of order- 26.10.2022

 

Smt. Jigeesha Mishra, President : - This is the case of complainant alleging deficiency in service  against the O.Ps.

The case of the complainant is that the complainant had purchased a Truck (LPT 3118 / COWL) with financial accommodation under refinance scheme provided by the O.PNo.1 & 2 vide loan agreement No. CV 3322609 with monthly installment of Rs.62,500/-. The truck was duly registered with transport authority vide Regd. No. OD-16C-8015.  The complainant has engaged the truck in transportation to maintain his livelihood. The complainant was making regular payment of the EMI. But due to the illness of his father he could not pay three installment in time and the outstanding dues of EMIs amounting Rs.1,87,500/- . On dated 05.11.2019 the O.Ps. seized the vehicle illegally.  The complainant is ready to pay half of the outstanding dues and requested to released his vehicle.  But the O.Ps. refused to release the vehicle.  The forceful pulling away of the vehicle and denying to release the vehicle on payment of outstanding dues by the O.Ps amounts to deficiency in service, unfair trade practice and breach of contract.

 

2. The case of the O.Ps is that the O.P is a company incorporated under the Companies Act, 1956 and registered financing Bank, which operates its banking business all over India and provides financial assistance by way of loan to various deserving customers.  The O.Ps. in its preliminary objection submitted that the complainant has filed a consumer complaint vide C.C. Case no. 130/2019 before the DCDRC, Sundargarh for released of the present vehicle on payment of defaulted installment dues.  The case is pending before the Commission. Further the O.ps. submitted that the complaint has also other vehicle vide Regd. Nod. PS 12 UB 4880 to which he has suppressed the facts.  The complainant filed a case before Jharsuguda Commission vide C.C.Case No. 134/2019 which is pending for disposal.  The O.ps. stated that the vehicles are used for commercial purposes not for earning livelihood of the complainant.  Hence the O.Ps prayed for rejection of the complaint.

3. Perused the documents and it reveals that the complainant is the resident of Sundargarh district and the Office of the O.p.no.1 is at Rourkela and O.p.No.2 is at Bhubaneswar. Hence the present complaint is not coming under the jurisdiction of this Commission. .

Further the documents filed by the O.ps. reveals that the complainant has two number of vehicle vide Regd. No. OD-16-C-8015 and S-12-UB-4880 and he has filed two cases vide C.C.Case No. 117/2019 and C.C.Case No. 134/2019 before this Commission. The vehicles are used for commercial purposes by the complainant.  Accordingly the case is dismissed.

            Accordingly the case is disposed of.

Order pronounced in the open court today on 26^th day of October’ 2022 under my hand and seal of this Commission.

Supply free copies to the parties.

 I Agree           

1. Agrawal, Member                                          J.Mishra, President .          

Dictated and corrected by me

J.Mishra, President.