1. The Complainant filed the case alleging deficiency in service of the O.P. The case of the Complainant is that as an educated unemployed person to maintain livelihood the Complainant availed a tractor loan from O.P. for an amount of Rs. 3,40,000/- on 31.07.2006 giving down payment of Rs. 67,680/-. The Complainant agreed to pay Rs. 18,889/- half yearly installment for 9 years. The Complainant mentioned that on different dates different amount has been paid to the O.P. which are as follows:-

29.06.2006                                                           Rs.10,000/-

19.07.2006                                                 Rs.5,000/-

18.01.2007                                                  Rs.5,000/-

18.02.2007                                                 Rs.5,000/-

12.03.2007                                                 Rs.5,000/-

12.04.2007                                                 Rs.5,000/-

22.06.2007                                                 Rs.5,000/-

08.10.2007                                                 Rs.5,000/-

13.12.2007                                                 Rs.5,000/-

16.02.2008                                                 Rs.5,000/-

15.03.2008                                                 Rs.5,000/-

25.07.2008                                                 Rs.1,00,719/-

15.03.2010                                                 Rs.10,000/-

25.05.2010                                                 Rs.16,000/-

26.01.2011                                                 Rs.500/-

29.09.2011                                                 Rs.1,000/-

26.11.2011                                                  Rs.1500/-       

                                                          Total Rs. 1,89,719.00

The Complainant again alleged that one KVP in the name of his wife having maturity value Rs. 10,120/- has been en-cashed and adjusted in loan account.

After such payment also the O.P. Bank forcibly took away the tractor bearing Regd. No. OR 15J- 7708 without intimation, auctioned the vehicle on 28.03.2012 and after auction informed the Complainant. The Complainant is a poor cultivator sustained financial loss.

2. After appearance of the O.P. in its version the Bank stated that the case is not maintainable, the Complainant is an employee of RGMT college, Kalheipali Gochhra, the Complainant failed to perform his part of hypothecation agreement for which penal interest @ 2% charged on the default amount against Complainant was Rs. 4,76,395/- and the Complainant paid only Rs. 1500/-. The Complainant is a willful defaulter for which demand notices dated 18.05.2007,12.12.2009,23.02.2010,20.04.2010,10.05.2010,04.11.2011 have been insured and at last on 28.11.2011 seizure notice was issued. When the Complainant did not respond the matter was handed over to the Seizure Agency. The Seizure Agency seized the vehicle prepared zimanama and signature of driver of Complainant Sri Hiralal Kisan was taken.

As on 26.11.2011 the outstanding amount was Rs. 4,76,395.51P which is over and above the loan sanctioned amount. The Complainant was aware of the auction sale and the Bank has given reply to the Advocate Sri. S.S. Gartiadated 31.03.2012 on 31.03.2012. The Complainant aware about the advertisement in news paper. There is no cause of action and accordingly the complaint is liable to be dismissed.

3. After perusal of the complaint, version of the O.P. and documents filed the following issues are framed:
103606587.  

1. Is there any deficiency on the part of the O.P. to seize the hypothecated tractor bearing No. OR 15J-7708 ?
2. What relief the Complainant is entitled to get ?

ISSUE NO.1:- Is there any deficiency on the part of the O.P. to seize the   hypothecated tractor bearing No. OR 15J-7708 ?

It is the admitted case of the Complainant that he availed the tractor loan executing hypothecation agreement with the O.P. and the half yearly installment has not been paid in time, the KVP in the name of his wife, the maturity value of Rs. 10,120/- has been adjusted in loan account. The Complainant himself filed the notice of the O.P. dated 31.03.2012, Zimanama, auction sale notice dated 02.04.2012, letter of agreement, adjustment letter of KVP dated 04.05.2012, notice dated 10.05.2010, 20.04.2010 and also account statement.

A person seeking justice should come to the court with clean hand. The Complainant admitted violation of hypothecation agreement. The O.P. has taken reasonable legal steps for recovery of the outstanding loan amount with interest. The Complainant is an employee of the RGMT College Kalheipali which reveals from the document filed by the O.P.

Accordingly, the issue no.1 is answered against the Complainant. The O.P. Bank is not deficienct in its service. In the Complaint petition there in no any pleading about unjustifiable low auction price made by the O.P. and the citation 2008(3) C.P.R. 45(NC) Tata Finance Ltd. Vs. Francis Soerio Case is not applicable.

   ISSUE NO.2:- What relief the Complainant is entitled to get ?

The Complainant has not come to the court with clean hand and there is no any deficiency in service of the O.P. Accordingly it is ordered:

                                                     ORDER

The Complaint is dismissed on contest. The parties are to bear their own cost.

Order pronounced in the open court on this 25^th day of April 2022.

Supply free copies to the parties.