ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:
JUDGMENT
Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;
“Direct the opposite party not to insist upon the demanding Rs.2,00,000/- under loan account No.20750610004968 and not to repossess the vehicle bearing Regd. No.OD-21-3981 and pay compensation for mental agony and cost of litigation ”.
The brief fact of the case is that, the complainant is an educated unemployed lady and in order to earn her livelihood the complainant with the help her husband intended to purchase a tractor and on that score she availed a tractor loan from the opposite party on 02.3.2013 for sum of Rs.5,45,000/-. The loan amount was to be repaid in 48 installments @ Rs.12,000/- per month which includes interest thereon of Rs.5,76,000/-. The complainant has already repaid Rs.6,64,000/- on different dates to the opposite party but the opposite party did not prefer to issue NOC in favour of the complainant and illegal demanding of Rs.2,00,000/- by the opposite party and threatened to repossess the vehicle.
The opposite party appeared and filed written version stating as under;
The complainant had availed a tractor loan to the tune of Rs.5,45,000/- and accordingly margin money and insurance fees were deducted as stated and loan agreements were executed by her vide loan account No.20750610004968. As per sanction letter loan was to be paid in 40 installments @ Rs.12,000/- per month inclusive of interest thereon. Although the complainant had repaid the amount in different dates which are very scanty, unless the amount is paid in full and loan account is closed no NOC was granted as claimed by complainant. When the complainant has defaulted in making repayment the opposite party was constrained to seek legal remedy, the complainant has come to this Commission leveling false allegations against the bank and she has not approach this Commission with clean hands.
Complainant has not make out a case where there is deficiency in service on the part of opposite party, when relation between complainant and opposite parties is that of Debtor and Creditor. It is settled law that Consumer Commission cannot interfere in accounting matters. Both parties are binding by the terms of agreement. If there is any dispute the same can be resolved in appropriate Civil Court and not before Consumer Commission when there is no specific pleading in the consumer complaint as to how there is deficiency in service on the part of opposite party. As such we find no merit in the consumer complaint and accordingly the consumer complaint is dismissed. No cost.
Pronounced in the open Commission on this 27th October,2023.
