Orissa

Cuttak

CC/246/2022

Chittaranjan Nayak - Complainant(s)

Versus

Indusind Bank - Opp.Party(s)

13 Jul 2023

ORDER

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

C.C.No.246/2022

          Chittaranjan Nayak,

           S/O:Bhagaban Nayak,

           At: Ertanga, Near Sati Savitri Temple,

           Dist: Jagatsinghpur,

           At present, C/o: Kailash Chandra Prusty,

           At:Rajendra Nagar,P.S:Madhupatna

           Dist:Cuttack,Odisha.                                                      ... Complainant.

 

          Vrs.

 

IndusInd Bank,

Consumer Financing Division,

   Cuttack Branch,Bajrakabati Road,                                            ...Opp. Party.

 

 

Present:            Sri Debasish Nayak,President.

                             Sri Sibananda Mohanty,Member.

 

Date of filing:    08.12.2022

Date of Order:  13.07.2023

 

For the complainant:                   Mrs. Sephali Das,Adv. & Associates.

For the O.P     :                  Mr.    S.K.Prusty,Advocate.

           

Sri Debasish Nayak,President.

Case of the complainant as made out from the complaint petition in short is that he is the owner of a goods carrier Ashok Leyland truck bearing No.OD-21D-4040 which he had purchased on 30.05.2016 after obtaining finance from the O.P bank in order to earn his livelihood.  The said truck was also insured.  As per the terms and conditions of the agreement with the O.P bank, the complainant was paying the E.M.Is regularly but due to accident he became bedridden for quite a long period and as per his request, the O.P had refinanced the vehicle for Rs.13,20,000/- with interest thereon @ 13.05% per annum.  Thus, the total amount to be paid was of Rs.18,28,000/- and the E.M.I was fixed to be of Rs.31,500/- for five years.  But due to ill-health, the complainant became a defaulter and could not pay the E.M.Is for five number of  instalments with effect from July,2022 to November,2022.  The O.P bank is threatening to repossess the truck of the complainant but the complainant is ready to pay the EMI and to resettle the pending dues of Rs.1,67,500/- effective from July,22 to November,22 and also is ready to pay the rest of the EMIs regularly with effect from December,2022 onwards but the said request of the complainant when turned down, he has approached this Commission with a prayer seeking orders as deemed fit and proper.

          Together with the complaint petition, the complainant has filed copies of several documents in order to prove his case.

2.       The O.P bank has contested this case and has filed his written version wherein it is mentioned that the complaint petition as filed being not maintainable is to be dismissed with cost.  The loan account of the complainant had become NPA on 24.1.2023 when the complainant became a wilful defaulter.  In this context, the O.P has relied upon the pertinent decision of the Hon’ble Apex Court in the case of State Bank of Travancore and another Vrs. Mathew KC and also in the case of ICICI Bank Ltd. Vrs. Umakanta Mohapatra.  Thus, in toto it is the contention of the O.P bank that arrear instalment amount of Rs.2,22,929/- as on 24.1.2023 is yet to be paid by the complainant alongwith the future payable sum of Rs.11,69,700/- together with the overdue sum of Rs.9,21,304/- including the future rental expenses etc. 

The O.P has also filed copies of certain documents in order to prove his stand.

3.       Keeping in mind the averments as made in the complaint petition and the contents of the written versions of the O.P, this Commission thinks it proper to settle the following issues in order to arrive at a definite conclusion here in this case.

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.P ?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Issue no.II.

Out of the three issues, issue no.ii  being the pertinent issue is taken up  first for consideration here in this case.

After going through the complaint petition and the written version and also after perusing the copies of documents as available in the case record, it is noticed that while availing the loan from the O.P Bank, the complainant had availed the same by virtue of executing an agreement and as per the agreement he was to pay the regular E.M.Is which is not disputed.  But due to the accident and as per his request, the O.P bank had refinanced the loan amount and had executed a fresh agreement to that effect, according to which he was to pay the EMIs as re-fixed and agreed upon.  Again, when he defaulted, by virtue of the terms and conditions of the agreement, the O.P bank wanted to repossess the financed truck of the complainant as per law.  The principles as laid down in the afore-cited cases in the two pertinent decisions of the Hon’ble Apex Court the defaulting borrower when had breached the contract, as per the terms and conditions thereof, the O.P is at liberty to proceed according to law in order to repossess the financed truck.  Accordingly, this Commission finds no deficiency in service of the O.P Bank as alleged after going through the documents and considering the facts and circumstances of the case in hand.  This issue thus goes in favour of the O.P.

Issue no.i & iii.

From the discussions as made above, the case of the complainant is not maintainable and the complainant is not entitled to the reliefs as claimed by him.

 

                                              ORDER

Case is dismissed on contest against the O.P and as regards to the facts and circumstances of the case without any cost.

Order pronounced in the open court on the 13^th day of July,2023 under the seal and signature of this Commission.         

                                                         

                                                                                          Sri Debasish Nayak

                                                                                                 President

                                                                                           Sri Sibananda Mohanty

                                                                                                    Member.