Orissa

Cuttak

CC/400/2023

Pradipta Kumar Rout - Complainant(s)

Versus

Branch Manager,Indusind Bank Ltd - Opp.Party(s)

S Dash(A) & associates

15 Jul 2024

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION, CUTTACK.

 C.C.No.400/2023

                        Pradipta Kumar Rout,

S/o: Late Bhaskar Rout,

At:Gati Rout Patana,

P.O:CRRI,P.S:UPD,Dist:Cuttack-753004.                        ... Complainant.

 

          Vrs.

 

1.       Branch Manager,

IndusInd Bank,At/PO:Bajrakabati Road,

                   P.S:Badambadi,Cuttack-753002.

 

2.       Chairman,IndusInd Bank,

At:2401 Gen. Thimmayya Road,

                    (Cantonment),Pune,India-411001.

 

3.       Chief Executive Officer,

IndusInd Bank Ltd., At:2401 Gen.

Thimmayya Road,(Cantonment),

                    Pune,India-411001.                                         ... Opp.Parties

 

Present:         Sri Debasish Nayak,President.

                      Sri Sibananda Mohanty,Member.

 

Date of filing:    19.02.2024

Date of Order:  15.07.2024

 

For the complainant:             Mr. S.Dash,Adv. & Associates.

For the O.Ps               :             Mr. B.B.Nayak,Adv. & Associates.

 

Sri Debasish Nayak,President

Case of the complainant as made out from the complaint petition in short is that the complainant had purchased a vehicle(truck) bearing Registration number OD-05AR-2926 by obtaining finance from the O.Ps.  It was agreed that the complainant is to clear the loan amount alongwith interest thereon in regular EMIs. But on 26.8.2023 at 11.23 A.M. while the vehicle of the complainant was carrying Plywood from Cuttack to Bramhagiri area, near Pahal over-bridge, the said vehicle of the complainant was obstructed by the agents of the O.Ps who had also snatched away a sum of Rs.35,000/- and which according to the complainant is a highway robbery as because they  by restraining and assaulting the driver of the complainant had done so.  The matter was reported at the Pahal Police Station and the said vehicle of the complainant was seized. The complainant had approached this Commission with his petition seeking direction to the O.Ps in order to hand-over the vehicle(truck) in question in the same manner to him and to compensate him with interest for a sum not less than Rs.1,02,000/- towards his mental agony and emotional trauma. It is also prayed by the complainant to pay him Rs.6,100/- with interest towards the different losses as sustained by him which he had paid to the contractor whose goods were being transported then in his truck.  The complainant has also prayed to direct the O.Ps  in order to indemnify the complainant from legal action of his driver against him, to pay him Rs.20,700/- with interest towards restitution, rehabilitation, treatment and transportation of the driver who was robbed,assuslted and estranged at Pahal by the Goons of O.P no.1, to provide appropriate remedy against O.Ps and also compensate for his daily loss (Rs2,000/- per day) from 26.8.2023, to direct the O.Ps to return the robbed cash of Rs.35,000/- with interest and to pay a sum of Rs.30,000/- towards cost of his litigation.  He has also prayed for any other relief as deemed fit and proper.

          The complainant has filed copies of several documents alongwith his complaint petition in order to prove his case.

2.       The O.Ps have contested this case and have filed their joint written version wherein they have urged that the case of the complainant is not maintainable.  The loan account of the complainant has already been classified under NPA due to the intentional default by the complainant.  The complainant has not approached this Commission with clean hands.  The O.Ps have relied upon a decision of the Hon’ble Apex Court in Civil AppealNo.6347 of 2012 in the case of M/s. Micro Hotel Pvt. Ltd. Vs. M/s. Hotel Torrento Ltd. & Ors in para-23 that” a duty cast upon the borrowers to repay the instalments in time…….If the repayments are not received as per the scheduled time frame, it will disturb the equilibrium of the financial arrangements of the corporations.  They do not have at their disposal unlimited funds.  They have to cater to the needs of the intended borrowers with the available finance.  On-payment of the instalment by a defaulter may stand on the way of a deserving borrower getting financial assistance.”

The O.Ps admit that the complainant had purchased one Ashok Leyland Dost Strong LX BS IV truck in order to enhance his business and he had obtained finance from them to the tune of Rs.5,37,645/- on 9.6.2019 vide Loan Account number OCC00686L.  The complainant was supposed to repay a total amount of Rs.8,79,348/- including interest and the said amount was to be paid from 22.7.2019 to 21.10.2026 in 88 number of instalments as per the revised repayment schedule due to the Covid-19 moratorium benefits.  It was further decided in the said loan agreement that each instalment was to be paid by the complainant on the 21st day of every month.  The loanee/complainant became a defaulter by not paying the monthly instalments regularly for which the O.P bank had issued several demand notices on 3.2.2023,9.6.2023 & 3.8.2023 and made repeated telephonic calls to the complainant but he still had not bothered to repay the loan instalments.  The loan thereafter was classified as NPA due to such default of the complainant in not paying the regular EMIs and for not responding to the demand notices of the O.P bank.  Subsequently, the O.P bank had taken physical custody of the hypothecated vehicle from the complainant on 7.8.2023 after informing the local Police Station at Mancheswar.  Thereafter even the O.P Bank had issued demand notices seeking deposit and settlement of the defaulted amount by the complainant.  Thereafter, repeated reminders were also issued to the complainant which he had not bothered to respond and thus it is prayed by the O.Ps to dismiss the complaint petition as filed by the complainant it being not maintainable.

          The O.Ps have also filed copies of several documents alongwith their written version to support their stand.

3.       Keeping in mind the averments as made in the complaint petition and the contents of the written version of O.Ps, this Commission thinks it proper to settle the following issues in order to arrive at a proper conclusion here in this case.

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Issue no.ii.

Out of the three issues, issue no.ii being the pertinent issue is taken up first to be considered here in this case.

After perusing the complaint petition, the written version, the written notes of submission as filed from both sides as well as the documents available in the case record, it is noticed that infact the complainant owns a truck bearing Registration number OD-05AR-2926 and he had obtained loan from the O.Ps in order to purchase the said truck.  It is noticed that the complainant had submitted his written report to the IIC Pahal Police Station on 8.9.2023 about his vehicle being taken away by one Deepak Babu working as Manager of the O.Ps alongwith his Assistants.  The allegation as made by the complainant that the said agents of the O.Ps had snatched away a summon Rs.35,000/- interestingly  finds no place in the said written report of the complainant addressed to the IIC,Pahal P.S.  On the other hand, it is the plea of the O;Ps  through their written version that while obtaining finance from them, the complainant had agreed to repay the loan amounts with interest to the tune of Rs.8,73,948/- on 19.6.2019 and it was to be repaid by him to the O.Ps from 21.7.2019 to 21.10.2026.  The loan agreement bearing number OCC00686L was executed in between the complainant and the O.Ps to that effect but the complainant became a defaulter by not paying the agreed EMIs for which the O.Ps had issued several demand notices to the complainant vide Exhibit-5 series, which are copies of such demand notices issued and sent by the O.Ps to the complainant of this case on 1.2.2023,8.6.2023 and 2.8.2023.  Exhibit-6 is copy of the request letter addressed to the IIC,Mancheswar police station by the O.Ps regarding repossessing the financed truck from the possession of the complainant and they have also filed a copy of the post intimation regarding repossession of the said vehicle which was addressed to the IIC Mancheswar police station.  The copy of the subsequent demand letter as sent by the O.Ps to the complainant is also filed by the O.Ps vide Annexure-8.

Thus, from the facts and circumstances of this case, it is noticed that infact the complainant after availing the loan had become a defaulter by not paying the agreed instalments in due time to the O.Ps for which the O.Ps had issued several demand notices to him and subsequently they had repossessed the financed vehicle from the possession of the complainant adhering to the terms and conditions of the loan agreement.  Thus, this Commission finds no deficiency in service of the O.Ps as alleged against them by the complainant of this case.  This issue thus, goes against the complainant.

Issues no.i &  iii.

From the discussions as made above, the case of the complainant is found not to be maintainable and the complainant is thus not entitled to any of the reliefs as claimed by him.  Hence it is so ordered;

                                              ORDER

             The case is dismissed on contest against the O.Ps and as regards to the facts and circumstances of the case without any cost.

              Order pronounced in the open court on the 15^th day of July,2024 under the seal and signature of this Commission.         

 

                                                                                       Sri Debasish Nayak

                                                                                               President

                     

 

                                                                                   Sri Sibananda Mohanty

                                                                                                     Member