MR. BIBEKANANDA  DAS, MEMBER:-       

              The Complainant has filed the C.C.Case No. 10/2023 U/s-35 of C.P.Act, 2019 seeking the following relief:

           “ After hearing the both parties the Honbl’e Commission may hold the action/service of the Ops to be unjust, unfair and deficient, which is liable to be compensated appropriately as quantified in Paragraph-20 of the complaint. Besides while holding the seizure as illegal necessary direction for restoration of the vehicle AL 3718 BSIV Truck bearing No. OD-21-J-6299, which was illegally repossessed on 07.06.22  and not to misutilize the blank cheques of the Complainant of SBI IOCL Refinery Campus Branch, Paradeep and the Op No.4 may be directed not to change the ownership of the vehicle bearing No. OD-21-J-6299 in any other name in case of illegal sale of the truck.”

             Brief fact of this case is Complainant approached Ops for a vehicle loan which was approved for Rs. 30,35,000/- and was sanctioned vide loan against No. OCE00606D dt. 19.02.2019. The Complainant had to pay the loan amount during the period 21.04.2019 to 21.05.2026 @74850/- in 88 installments.  On the other hand Complainant has stated that he has availed  financial services for an amount of Rs. 30,35,000/-. The loan was to repay in 88 installments stating from 21.04.2019 to 21.05.2026. As per the admitted fact Complainant was default in paying the EMIs for which the Ops have issued notice by Regd. Post on 02.04.22 and informed the I.I.C Tangi Police Station on 03.06.22 and pre sale notice published in Prameya on dt. 24.07.223 and final sale notice issued on 01.08.22 by Regd. post to borrower and co-borrower which is not disputed and Complainant has filed the C.C.Case on 19.01.2023 suppressing all facts and not disputed the said fact and obtained interim order on dt. 19.01.23 from this Commission without impleading the auction purchaser as a Party. The Complainant has to come to this commission in un-clean hand and there is no deficiency in service on part of Ops, when the Complainant himself failed to pay the EMIs in time. As such we found no merit in the C.C.Case and the order dt. 19.01.2023 passed in I.A. No. 3/2023 stands vacated.

                   With the aforesaid observation, the present C.C.Case No. 10/2023 and I.A No. 3/2023 are hereby dismissed and accordingly disposed off.

                         Issue extract of the order to the parties concerned.   

           Pronounced in the open Commission, on this the 26th day of July,2023.           

                                   I, agree

                                       Sd/-                                                Sd/-

                                  PRESIDENT                                  MEMBER