Order No. 1 Dtd. 13/03/2019
Complainant files a petition U/S-12 of C.P.Act,1986 & one sheet of Xerox copy of letter dtd.01.03.2019. Complainant files Vakaltnama in favour of Advocate Sri D.Mohanty and Associates. Fees paid Rs.400/- in shape of IPOs bearing No. 90-G-274966 to 90-G-274973 dtd. 13.03.2019 each valued Rs.50/-. Registered as C.C.Case.
Learned Counsel for the complainant-Petitioner being present filed a Memo to take up the hearing on admission of the complaint in urgent,also to consider the petition filed in I.A.Case No.5/19, which is part and parcel of the original complaint. It is submitted that, the OP-Bank has repossessed the vehicle of the complainant bearing Regd. No.OD-29E-2731 and if the vehicle is not released the complainant-Petitioner will suffer irreparable loss.
Considering the ex-parte submissions and prayer of Petitioner, it reveals that the vehicle bearing Regd. No. OD-29E-2731 has been repossessed for a defaulting amount of Rs.25,97,635/- as per the letter of OP-Bank dtd.01.03.2019. In our opinion the pecuniary jurisdiction of this Forum is limited to only Rs.20 lakhs, which includes the cost and compensation of the goods/services. Hence, this Forum laks the jurisdiction to entertain the complaint. However, considering the I.A.Case where an interim direction is prayed for release of the vehicle, this Forum is of the opinion that, an opportunity should be given to the complainant-Petitioner to take appropriate legal recourse for redressal of his grievance. Accordingly, it is directed that, complainant-Petitioner shall approach the appropriate Court/Commission having the jurisdiction to adjudicate his grievance within 8(eight) weeks from the date of this order, till then OP-Bank is hereby restrained to sale or put into auction of the repossessed vehicle of the complainant bearing Regd. No.OD-29E-2731, if not sold or auctioned earlier.
Accordingly, the complaint and the I.A.Case is disposed of as per our observations made above.
Issue extract of the order to the parties for compliance.
