MR. PRABODHA KUMAR DASH, PRESIDENT:-                      

                      The C.C Case No. 53/2019 pending since 2019, during 4 years duration a blind Complainant compelled to knock the door of the Commission to file 4 different Interim Applications for release of his vehicle (Bulero) No. OD05AC-4472 seized illegally, arbitrarily. Taking into consideration of long pendency & prejudiced caused to Complainant, the C.C.Case disposed off today.

Brief Fact:-

                        The Complainant is a consumer faced unfair trade practiced by the Opp.Parties as well as deficiency in service by a Financial Institution acted illegally , against the principle of nature of justice. It is not a disputed fact that, the Complainant is a loanee under the Ops for an amount of Rs. 6,90,000/- with interest so fixed to a tune of Rs. 8,45,250/-, the same payable by the Complainant in 35 installments@ Rs. 24150/- each from dt. 09.09.2017 to dt. 10.07.2020. In the meantime the Complainant already paid 32 installments & paid Rs. 48,300/- on dt. 10/07/2019 for which the Ops provided a blank receipt. We have seen the receipt which is blank & deposition on oath by the Complainant before us given Rs. 48,300/- on that date, therefore a penalty of Rs. 1,00,000/- imposed on the Opp.Parties is just and proper. Again on dt. 21.05.2019 the Complainant given Rs. 83,500/- in cash and same receipt also reflected Rs. 83,500/- but to our surprise the financial statement on that date shown Rs. 11,050/- + Rs. 24,150/- + Rs. 13,150/- + 24150/- which amounts to Rs. 72,500/-. This Commission found from the record filed by both the parties clear misappropriation of Rs. 11,000/- by the Ops from a blind person who has disable to see the receipt, for such illegality this Commission must exercise its vested jurisdiction & impose penalty 5 times i.e, Rs. 55,000/- for end of Justice.

                      The practice of gross illegality again happened on dt. 09.09.2019 when the Complainant paid Rs. 24,150/- with receipt but the statement of Ops shown otherwise Rs. 100/- less which is Rs. 24,500/- as found from the record placed before us.

                       Again on dt. 26.06.20 when the Ops repossessed the vehicle, the Ops agent “BABULI” at stockguard demanded illegal gratification Rs. 20,000/- in presence of driver Suryakanta Patri & Salima Sahoo, forcefully taken Rs. 20,000/- cash from the Complainant without any receipt. Non payment of which the Complainant could face dire consequence as threatened by the Op’s agent “BABULI”. Taking into gravity of such unlawfull activities against a visually impaired person, this Commission think it is just and proper to impose penalty for which the Ops are liable to pay Rs. 60,000/-.

                        The Opp.Parties not only committed financial irregularity which is within unfair trade practice but also committed gross violation of order of a quesi judicial body (This Commission) order passed on dt. 27.11.2019 in I. A. No. 16/2019 that, the Ops shall release the vehicle on deposit of Rs. 50,000/- by Cheque by the Complainant in favour of Ops and shall not seize the vehicle till final disposed of C.C.Case No. 53/19. But to our concern the Ops disobeyed the order of this Commission and seized the vehicle without notice, arbitrarily, without following due procedure established by law the effective order of this Commission. Therefore, such illegality, arbitrariness of the Ops lead to lawlessness & chaos in society as well as for quesi judicial body also. Hence, we examined the Complainant an oath and recorded evidence on open Court for disposal of this C.C.Case, which will be attached to this order. Going through the material particulars and also deposition of Complainant, we are  exercise our jurisdiction so vested by the Act and law. It is a fit case to impose penalty for disobedience of order. As a exemplary major, we are imposing penalty of Rs. 1,50,000/- on the Ops to restrain their unfair trade practice several time.

                       The Complainant further alleged that, each time when the Ops seized the vehicle forcefully and kept in stockguard they removed valuable parts of the vehicle & also change the tyres every time. Being a blind person could not take appropriate action against the Ops and the Complainant prayed for equitable relief for the same misdeeds of Ops caused huge and irreparable loss which can’t be compensated in anyway unless this Commission take notice of the injustice caused to him.

                We are also heard the Ld. Counsel for Ops & written version filed on record. The Ops raised the issue of maintainability which is denied by this Commission. Further, the Ops contended that, the loan agreement in a contract and has to be decided by Arbitration & this Commission has no jurisdiction to acted upon on this issues. The Ops further alleged that, the Complainant not paid installments at right time as per contract. We have every rights to seize the vehicle & no illegality committed by Ops. The ops are failed to substantiate the issue of non consideration of payment on cash in their financial statement. The Ops are failed to provide by appropriate proof against the illegal gratification which shown clearly on record. Therefore the issues raised by the Ops are being devoid of merit and also denied by this Commission.

                                                            ORDER

                        Under the above facts & circumstances as discussed above, this Commission come to a conclusion that, the Ops shall liable to pay Rs. 55,000/- penalty for non-reflecting Rs. 11,000/- in financial statement. Further a penalty of Rs. 60,000/- for illegal gratification of Rs. 20,000/- at stockguard and Rs. 1,00,000/- penalty for non accounts of cash received Rs. 48,300/- in a blank receipt . In addition to Rs. 1,50,000/- as a exemplary penalty  for disobedience of this Commission order. Therefore, the loan with interest is Rs. 8,45,250/- & rest 3 installment amounting to Rs. 72,450/- shall be deducted from the imposed penalty of Rs. 3,65,000/-, and finally the Ops are directed to pay Rs. 2,92,550/- to the Complainant within a period of one month, failing which the Ops shall pay@18% interest till realization  of the amount.

                      All the Interim applications alongwith C.C.Case No. 53/2019 are accordingly disposed off.

                       Issue extract of the order to the parties for compliance.                  

                 Pronounced in the open Court, this the 9th day of June,2022.                          

                              I, agree.

                                Sd/-                                       Sd/-

                           MEMBER                             PRESIDENT