Adv. For the Complainant: -  Sri S.C.Pradhan and Others

Adv. For O.P                         :-  Sri A.K.Samal  & Sri B.Sathpathy

 Date  of filing of the Case  :-10.01.2018

Date of Order                       :-18.08.2020

 ORDER

 Sri A.K.Purohit, President

1.       The case of the complainant is that, he being an unemployed in order to maintain his livelihood had purchased a JCB 3DX Backhoe loader with the financial assistance of the O.Ps. As per the loan agreement a loan amount of Rs. 1879420/- was sanctioned in favor of the complainant which are to be repayable in 46 installments @ Rs. 52120/- per month. Since the date of purchase the complainant is repaying the loan installments regularly but due to the treatment of his mother he could not able to pay some installments for which the O.P. send a notice for repayment of an outstanding amount of Rs. 2,51,220/-. To this the complainant requested the O.P. to receive Rs. 1.5 lakhs and will pay the rest amount in subsequent installments. But the O.Ps. have not listen to the same and repossessed the vehicle without following any procedure of Law and Rules. The complainants claims release of the vehicle and has preferred this case.

2.         The O.Ps. have contested the case by filing their written version jointly. Besides preliminary objection the O.Ps. have submitted that, the complainant has filed two writ applications, several Misc. Case as well as contempt petition pertaining the above machine in question arising out arising out of the same cause of action before the Hon’ble High Court of Orissa and one of the writ application i.e. WP(C) No. 6891/2017 is still pending for adjudication. In W.P.( C ) No. 1664 of 2016 directions has already been issued by the Hon’ble Court. The O.Ps. have denied all the allegations of the complainant and claims dismissal of the case.

3.          Heard both the parties. Perused the pleadings of the parties and documentary evidence available on record. It appears from the written version filed by the O.Ps. that, the matter has already been decided by the Hon’ble High Court in W.P.( C ) No. 1664/2016 and it is not necessary to discuss on merits of the case. The complainant has not disclosed this fact in his complaint petition. Since directions has already been issued by the Hon’ble High Court the parties are duty bound to act as per the said directions.   

           Accordingly the case of the complainant is dismissed.

Order pronounced in the open Forum to-day the 18^th day of  August’ 2020.  

                                                              Sd/-                                                                        Sd/-                                                           

                                                            (S.Rath)                                                             (A.K.Purohit)  

                                                           MEMBER.                                                             PRESIDENT