Date of filing of the case- 13.01.2017.

                                                                                                       Date of order                    - 21.08.2017.

JUDGMENT.

Sri A.K.Purohit, President.

                            The complainant has filed this case alleging deficiency in financial service. The case of the complainant is that, he had purchased a tractor  for his agricultural purpose with the financial assistance of the O.Ps.  After observing all formalities the O.Ps have sanctioned a loan amount of Rs.4,89,352/- and accordingly a loan agreement was executed between the parties. According to the terms & conditions of the loan agreement the loan amount is repayable in 45 monthly installments@15,610/- per month begins from 1^st September 2015 up to  1^st may 2019. After purchase of the said tractor from Balaji Automobiles the complainant registered the same before the R.T.A. , Bolangir Vide Regd. No: OD-O3-E-1214 and paying the loan installments regularly. But due to the medical problem of the mother of the complainants, he is unable to pay some installments, for which the O.Ps have forcibly repossessed the tractor of the complainant on dt. 23.12.16. The Complainants alleges that, without following the terms  & condition & procedure of law forcible possession of the tractor by the O.Ps amounts to deficiency in service. Hence the complainant.

2                       In their written version. The O.Ps  have submitted that, due to the default in making  payment of installment dues, the O.Ps have repossessed  the tractor in accordance with law & as per the terms & conditions of the loan agreement and hence there is no deficiency in service on their part. The O.Ps have denied all the allegations of the complainant.

3                      Perused the pleadings & material available on record. It is not in dispute that, the complainant had purchased a Swaraz Mazda tractor 735 FE-39HP model tractor with the financial assistance of the O.P. It is also not in dispute that the Op has sanctioned a loan amount of Rs. 4,89,352/- in favour of the complainant for purchase of the said tractor. It is also not in dispute that, the loan amount is repayable in monthly installments. With these admitted facts, the point for consideration is whether the repossession of the tractor by the O.P. is as per the terms & conditions of the loan agreement or amounts to deficiency in service. Law is well settled that, if the agreement permits  the financer to reposes the vehicle then there is no legal bar for the same. The O.ps have repossessed the tractor due to default in making payment by the complainant. The complainant has also admitted that, he has defaulted in making payment of same installments. Perused the terms & conditions of the loan agreement available on record. It is seen in clause 11 of the agreement that, before repossession a 7 days’ notice is required. There is no evidence available on record to show that, the O.Ps have send notice to the complainant before repossession. The O.ps have also not produced any evidence to show the special circumstances to wave the said notice. There is  also no evidence available on record to show that,  the O.ps have adopted legal procedure in repossession of the tractor nor have produced  the seizure list or any other documents relating to repossession of the tractor. Hence the repossession of the tractor by the O.P. is not in accordance with the terms & conditions of the agreement and the said act of the O.ps amounts to deficiency in service on their part.

4                  Due to the aforesaid act of the O.ps the complainant has sufficiently harassed & sustained financial loss. Hence ordered .

                                                               ORDER

                   The Ops are directed deliver possession of the tractor bearing Regd. No: OD-O3-E-1214 to the complainant immediately after receiving this order. The O.Ps are further directed not to claim loan installments from the date of repossession i.e. from 23.12.2016 to the date of delivery of possession of the tractor to the complainant. Further the O.ps are directed to pay Rs. 1000/- ( One thousand) to the complainant towords cost within  30 days from the date of receipt of this order failing which it shall carry interest @ 10% P.A till payment.

                          Accordingly the case is disposed off.

Order pronounced in open forum this the 21^st day of August  2017.

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

Member                                             Member                                               President.