ORDER BY HON’BLE PRESIDENT- MR. P. K. PADHI:
JUDGMENT
Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;
“Direct the opposite party not to impose the illegal demand upon the complainant and return the title deeds which were kept as security in the loan amount. Besides return all the money received by the opposite party along with interest”.
The brief fact of the case is that the complainant is an educated youth and in order to earn his livelyhood and for his self employment he availed loan from the opposite party in order to obtain a tractor through which he will maintain himself and his family. As per instruction of the opposite party the complainant deposited Rs.1,66,832/- prior to sanction of the loan in his S.B. Account No.30767775938 which was received by the opposite party as down payment Rs.1,06,000/- and rest Rs.60,000/- deposited in the name of the complainant as F.D. Besides the above the complainant has mortgaged 04 acres of landed properties to the opposite party bank. The complainant regularly repaying the loan to the opposite party, but the opposite party two times seized the vehicle illegally and also charged Rs.13,000/- as repossession charge and the same is paid by the complaint. The complainant on 27.3.2012 deposited Rs.40,000/- assured the opposite party that he will deposit the money after completion of the agriculture work. But astonishingly enough without any prior notice the opposite party on 05.7.2012 repossessed the vehicle of the complainant illegally and sold the same to others without any intimation to the complainant.
The opposite party appeared and filed written version stating as under;
There is no fault by the opposite party rather the complainant with an ulterior motive dragged to the court for which their valuable times and money have been wasted in running his business and service. The complainant purchase a tractor incurred a term loan amounting Rs.5,97,000/- from the opposite party and entered in to an agreement on 23.5.2009. On be basis of agreement the complainant is ready to pay sum of Rs.36,091/- plus 11.75% interest in 16 half yearly installments due for payment which was commencing from January, 2010. The complainant did not pay the installment amount regularly and opposite party compelled to declare as NPA on 20.6.2012. Finding no other alternative the opposite party seized the vehicle on 09.4.2012 and thereafter auctioned the said vehicle worth of Rs.1,60,000/- on 18.3.2015 and adjusted the loan amount. There is now sum of Rs.3,07,040/- due and outstanding in the loan account as reflected in the statement of account excluding interest calculated up to 02.5.2015 and accrued interest of Rs.3,07,000/- calculated up to 01.10.2022 and thus the complainant is liable to pay in total sum of Rs.6,14,040/- to the opposite party.
The complainant taken loan in the year 2009 (23.5.2009) and the tractor was seized/repossessed on 09.4.2012 and auctioned the vehicle on 18.3.2015 at a price of Rs.1,60,000/- and adjusted the loan account and at present the outstanding is Rs.3,07,040/- and accrued interest of Rs.3,07,000/- thus total sum of Rs.6,14,040/- is due to the opposite party. The complainant has not cited any reason as to how the opposite party is liable to be punished for deficiency in service, unfair trade practice or any defect in the product. The dispute relates to complainant and opposite party are purely civil in nature as such we have no jurisdiction to entertain such application. Hence we have no option than to dismiss the consumer complaint and while dismissing the case we give liberty to the complainant to approach appropriate Forum to redress his grievance if any. Accordingly the consumer complaint is dismissed without any cost.
Pronounced in the open Commission on this 23rd Feb.,2023.
