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 :-01.01.2018
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 CASE 770 Model Back Hole loader vehicle with the financial assistance of the O.P. Accordingly the O.P. has sanctioned a loan amount of Rs. 17,84,584/- in favor of the complainant which are to be repayable in 46 equal installments @ Rs. 48,300/-per month. As per the terms and conditions of the loan agreement the complainant paid the installments regularly but due to the treatment of his wife the complainant unable to pay some installments. To this the O.Ps. have repossed the vehicle and referred the matter to the arbitrator. The complainant came to know over telephone that, an outstanding amount of Rs. 5,48,800/- is outstanding towards the loan amount. To this the complainant requested the O.Ps. for settlement and agreed to pay Rs. 1,50,000/- immediately and pay the rest amount in subsequent installments, but the O.Ps. have not agreed to the same. The complainant alleges that, without following the procedure of Law the O.Ps. have repossed the vehicle and have illegally demanded extra charges which amounts to deficiency in service on the part of the O.Ps. Hence the complaint.
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 defaulted in making repayment of loan installments inspite of issuance of several demand cum pre repossession notices for which the O.P. has terminated the loan agreement and referred the matter for adjudication by appointing a sole arbitrator as per the Arbitration clause. The Arbitrator disposed of the matter and passed award on dated 7.4.17. The O.Ps. have further submitted that the Arbitration proceeding is within the knowledge of the complainant for which he has preferred W.P.( C ) No. 1993/2016 before the Hon’ble High Court wherein the complainant was allowed to make repayment of the loan amount in two installments @ Rs. 2,07,000/- which are to be paid on dated 15.10,16 and 15.11.16. Again the complainant filed a Misc. Case for modification of the aforesaid order which was dismissed for non-prosecution. It is submitted by the O.Ps. that, the complainant again filed a Misc. Case No. 5055/2017 arising out of the said W.P.(C) wherein a direction was issued for rephase of the repayment schedule after payment of the first installments. Being aggrieved with this the O.Ps. have preferred Misc. Case bearing No. 892/2017 for modification of the aforesaid order which is till now pending. Under the circumstances the O.Ps. have claims no deficiency in service on their part and denied all the allegations of the complainant.
3. Heard both the parties. Perused the documentary evidence and material available on record. It appears from the written version of the O.Ps. that the grievance of the complainant has already been decided by the Hon’ble High Court in W.P.(C) No. 1993/2016 and necessary directions has already been issued. This fact has not been disclosed by the complainant in his complaint petition. Since the matter has already been decided by the Hon’ble High Court it is not necessary to discuss on the merits of the case and parties are duty bound to act as per the directions of the Hon’ble Court.
Accordingly the case of the complainant is dismissed.
Order pronounced in the open Forum to-day the 18th day of August’ 2020.
Sd/- Sd/-
(S.Rath) (A.K.Purohit)
MEMBER. PRESIDENT
