Orissa

Cuttak

CC/138/2019

Prasanjit Parida - Complainant(s)

Versus

M D & CEO,Indusind Bank Ltd - Opp.Party(s)

B M Mohapatra & associates

12 Oct 2023

ORDER

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

C.C. No.138/2019

 

Prasanjit Parida,

S/o: Bijay Kumar Parida,

At/PO/P.S: Raghunathpur,

Dist:Jagatsinghpur-754132.

.                                       ... Complainant.

          Vrs.

 

1.       M.D & C.E.O,IndusInd Bank Ltd.,                                                                                                                                                             8^th Floor,Tower-1,One India Bulls Centre,

841,S.B.Marg,Elphinstone Road,

Mumbai-400013

 

2.      Branch Manager,

IndusInd Bank Ltd.,

Bajrakabati Rad,Umang Plaza,

                  Cuttack

 

3.      Cholamandalam MS General Insurance Co.,

Dare House,2^nd Floor,No.2,

N.S.C Bose Road,Chennai-600001.

 

4.      R.T.O,Cuttack,

Near Collectorate,Cuttack,

P.O:Chandini Chowk,

Town & Dist:Cuttack-753002.                                           …  Opp. Parties.

 

Present:         Sri Debasish Nayak,President.

                      Sri Sibananda Mohanty,Member.

 

Date of filing:    30.10.2019

Date of Order:  12.10.2023

 

For the complainant:           Mr. B.M.Mohapatra,Adv. & Associates.

For the O.Ps.1 & 2    :             Mr. P.K.Mishra,Adv. & Associates.

For the O.P No.3:                    Mr. A.A.Khan,Adv. & Associates.

For the O.P NO.4:                       Self.

 

        

Sri Debasish Nayak,President.                  

Case of the complainant bereft unnecessary details as made out from the complaint petition in short is that he is the owner of a Pick-Up Van bearing Regd. No.OD-05-X-8902.  The said vehicle of the complainant was hypothecated to O.P no.2.  He had entered into an agreement with O.P no.2 at the time of sanction of his loan.  On 7.11.2017 the said vehicle of the complainant had met with an accident at Matagajpur for which his vehicle was damaged and thus it was handed over to the company showroom i.e.  Utkal Automobiles Pvt. Ltd. at Shikharpur at Cuttack for its repair.  The said vehicle of the complainant was insured with O.P no.3.  The O.P no.2 had taken away the entire claim amount as regards to the said damaged Pick-Up Van of the complainant without informing anything to the complainant.  Thus, it is the contention of the complainant that receiving the claim amount from O.P no.3 by O.no.2 is quite illegal and unjust.  After repair, the vehicle was received by the financier without any notice.  On 2.8.2019, the complainant was directed by O.P no.4 through a notice to hand over all the documents pertaining to the said vehicle.  Thus according to the complainant the O.Ps have joined their hands for which he has come up with this case claiming compensation to the tune of Rs.1,00,000/- towards his mental agony and harassment from the O.Ps together with another sum of Rs.2,00,000/- towards loss of his social prestige, another sum of Rs.25,000/- towards cost of his litigation and further a sum of Rs.1,00,000/- towards compensation for practice of unfair trade by the O.Ps.

          Together with his complaint petition, he has filed copies of certain documents in order to prove his case.

2.       Out of the four O.Ps as arrayed in this case, though all of them have contested the case, O.Ps no.1 & 2 have conjointly filed their written version whereas O.Ps no.3 & 4 have filed their written version separately.  From the written version of the O.P no.1 & 2 it is noticed that the complainant had incurred finance towards purchase of his said Pick Up Van and thus had entered into hypothecation-cum-loan agreement with O.P no.2.  As per clause-13 of the said agreement, the stipulated insurance claim is to be paid to the lender/financier and accordingly O.P no. had disbursed the claim amount of Rs.1,83,500/- on 28.2.2018 out of which Rs.1,07,000/- has been disbursed to the complainant on 24.4.2018 after adjusting the outstanding loan dues of the complainant.  The repair bill in question was of Rs.34,700/- and the bank has paid the same also to the repairer.  On 31.10.2018 by paying the charges of repairer, the O.P no.2 had received the vehicle in question and had thereby issued a letter to the complainant on 8.11.18 demanding the arrear dues of Rs.4,89,377/- from him in lieu of which the vehicle is to be released or put to public auction.  When the complainant even after receiving the said notice remained silent as per process of law, the vehicle was subject to being sold on 25.2.2019.  Hence, it is the contention of O.Ps no.1 & 2 to dismiss the complaint petition as filed by the complainant.  They have relied upon some decisions of the higher courts which are as follows:-

i.          The fundamental maxims, Jus ex injuria non oritur, Nulluscommodumcaperepotest de injurisupropri and Nulprpendra advantage de son tort demesne codify the above principles and The Halsbury’s Laws of England(Fourth Edition,Vol.16,pages 874-876) clearly elaborates the fundamental principle of law in this regard that, “He who comes into equity must come with clean hands.

ii.         Decision of Hon’ble NCDRC in the case of Manager,St. Ary’s Hire Purchase Pvt. Ltd. Vrs. NA Jose reported in III 1995 CPJ 58 that hirer of the vehicle held as a bailee of owner and did not have any proprietary rights over it.

iii.        The Hon’ble Supreme Court has also laid down in case of G M Telecom Vrs. M Krishnan & another that where there is Arbitration remedy available, the same shall be referred to the Arbitrator which is final and binding.

          O.Ps no.1 & 2 have also filed copies of several documents in order to support their stand.

          O.P no.3 happens to be the insurer who admits about the insurance policy with regard to the Mahindra Bolero Pick Up Van bearing Regd. No.OD-05-X-8902, Engine No.TBGIL71641 &  Chassis No.MAIZU2PBKGIL84495 which was valid from 17.12.2016 till 16.12.2017.  They also admit about the said vehicle to have met with an accident for which Surveyor Swayambhu Mohanty was deputed to assess the loss and as per the assessment the loss incurred was to the tune of Rs.1,83,500/-.  The said loan amount was released in the loan account of the complainant bearing No.8026510025 dt.28.2.2018 through NEFT.  Accordingly, it is prayed by O.P no.3 to dismiss the complaint petition as filed.

          O.P no.3 has also filed copies of certain documents in order to support their stand.

          O.P No.4,R.T.O,Cuttack has mentioned in his written version that the vehicle bearing Regd. No.OD-05-X-8902 has been registered in the name of the complainant but the said vehicle was taken away by IndusInd Bank of Cuttack as because the complainant was defaulting in clearing the loan dues and thus the Bank has prayed to issue registration certificate in the name of the bank.   As per the provisions of law notice was issued to the complainant by O.P no.4.

          O.P no.4 has also filed copies of certain documents in order to substantiate his stand.

3.       Keeping in mind the averments as made in the complaint petition and the contents of the written version 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.Ps ?

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 perusing the complaint petition, written versions of all the four O.Ps, connecting copies of documents as available in the case record and also after perusing the written notes of submissions, it is noticed that infact the complainant had incurred loan from O.P no.2 in order to purchase his Mahindra Bolero Pick Up Van bearing Regd. No.OD-05-X-8902.  While incurring such loan, the complainant had entered into a hypothecation-cum-loan agreement with the financer bank i.e. O.P no.2.  By virtue of clause-13 of the said hypothecation loan agreement, the insurance claim amount was to be paid to the financier/lender bank and accordingly the loss assessed amount of Rs.1.83,500/- was paid by the insurer/O.P no.3 to the loan account of the complainant.  When the complainant remained silent even after getting notice from O.P no.2, in order to clear the outstanding loan of Rs.4,89,377/- the O.P no.2 had proceeded to sell the said vehicle of the complainant in order to settle the loan account of the complainant and the same was made as per provisions of law through public auction.  Accordingly, OP no.4 had issued notice to the complainant in order to produce all the documents thereby enabling O.P no.4 to issue fresh registration certificate relating to the said Pick Up Van in question having Regd. No.OD-05-X-8902.

Considering the facts and circumstances here in this case, this Commission finds that there is absolutely no infirmity from any corner from any of the O.Ps in order to hold them liable for their deficiency in service towards the complainant.  Accordingly, this issue repels away from the complainant and is thus answered against the complainant.

Issues no.i & iii.

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

                                                          ORDER

The case of the complainant is dismissed on contest against the O.Ps and as regards to the facts and circumstances of the case without any cost.

Order pronounced in the open court on the 12^th day of   October,2023 under the seal and signature of this Commission. 

                                                                                       Sri Debasish Nayak

                                                                                              President

                     

                                                                                                               

                                                                                             Sri Sibananda Mohanty

                                                                                                            Member