Orissa

Cuttak

CC/128/2015

Sanjukta Hota - Complainant(s)

Versus

Branch Manager,State Bank Of India - Opp.Party(s)

A K Samal

30 May 2017

ORDER

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

                                                                                   C.C No.128/2015

 

Sanjukta Hota,

W/o:Promad Kumar Hota,

At:Kotasingha,PO:Arikama,

PIN: 752064,

Dist:Khurda.                                                                                … Complainant.

 

                Vrs.

 

1.        Branch Manager,

State Bank of India,

Kalapathar Branch,PO:Kalapathar,

P.S:Baidswar,Dist:Cuttack,Bhubaneswar.

 

2.        Regional Manager,

State Ban k of India,

Main Regional Business Office,

Region-II,Madhupatna Chhaka,

Cuttack,PIN:753010,Dist:Cuttack.                                           … Opp. Parties.

 

 

Present:               Sri Dhruba Charan Barik,LL.B. President.

Sri Bichitra Nanda Tripathy, Member.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:     21.11.2015

Date of Order:   30.05.2017

 

For the complainant:     Sri A.K.Samal,Adv. & Associates.

For Opp.Parties.        :     None.

 

 

Sri Dhruba Charan Barik,President.

                The complainant has filed this case against the O.Ps alleging deficiency in service and unfair trade practice and seeking appropriate relief in terms of her prayer in the complaint petition.

1. The case of the complainant in short is that she purchased a tractor and a trailer to earn her livelihood on the basis of the loan of Rs.6,33,000/- advanced by the O.Ps on 30.01.2010.  The purchased tractor was of M.F.1035 DIMS having Chasis No.529275 and Engine No.S33760763 and the Registration No. of the said tractor and trailer are OR-02-BC-4871 and  OR-02-BC-4872 respectively.  Annexure-1 & 2 are copies of R.C.Book of the above vehicles.  The above loan was repayable within 7 ½ years and installment was fixed at Rs.64,000/- half yearly.  The loan account no. of the complainant is 31040088818 dt.30.01.2010 and the interest charged on the loan was @ 14.75% per annum.  The complainant had been regularly making payment of the E.M.Is without any default.  Annexure-3 is the copy of the statement of loan account of the complainant.
2. Suddenly on 5.12.14 the O.ps seized and repossessed the vehicle of the complainant without any prior notice.  When the complainant approached, the O.Ps for release of the vehicle, the latter demanded payment of Rs.50,000/- without any reason and on payment of the said amount, the vehicle was released in her favour on 5.12.14. Annexure-4 is the copy of the release order of the said vehicle.
3. It is important to leave a mention here that although the complainant had been making payment of installments in time without any default, she had to pay Rs.50,000/- in excess on 5.12.14 besides Rs.3000/- taken by the O.P for release of the vehicle.  The O.Ps have also illegally and arbitrarily charged the rate of interest @ 16.25% instead of 14.75% as agreed upon.   Since there was no prior notice given to her, the seizure of the above vehicle is illegal.  The above act of the O.Ps is tantamount to deficiency in service and unfair trade practice and it has caused serious mental agony and harassment to her.  It is therefore, prayed that seizure of the above vehicle by the O.P be declared illegal, they be restrained from repossessing the vehicle in future, they may be directed to pay compensation of Rs.2.00 lakhs to her for the mental agony and harassment and humiliation meted out to her, the excess amount taken by the O.P. by charging enhanced interest @ 16.25% be refunded to her and they be directed to pay cost of litigation of Rs.20,000/- to her in the interest of justice.
4. The O.Ps have not contested the case and as such were set exparte. 
5. We have gone through the complaint petition and the annexures enclosed to it.  We have heard the learned advocate for the complainant at length.  In absence of anything to the contrary, the O.Ps are found deficient in rendering service to her.  They are also guilty of making unfair trade practice.  Hence ordered;

ORDER

                                The case of the complainant is allowed exparte against the O.Ps.  The seizure of the tractor and trailer of the complainant made by the O.Ps on 5.12.14 is illegal.  They are restrained from seizing and repossessing the said vehicle.  Again they are also directed to pay compensation of Rs.50,000/- and cost of litigation of Rs.5000/- to the complainant.

                Typed to dictation, corrected and pronounced by the Hon’ble President in the Open Court on this the 30^th   day of May,2017 under the seal and signature of this Forum.

                                                                                                                                                  

    (   Sri D.C.Barik )

                                                                                                                       President.

                                                                                                                (Sri B.N.Tripathy )

                                                                                                                           Member.

                                                                                                             (Smt. Sarmistha Nath)

                                                                                                                     Member(W)