ORDER BY HON’BLE MEMBER- MRS. M. SWAIN:

                                                                                              JUDGMENT

            Complainant has filed this consumer complaint U/s.12 of C.P. Act, 1986 seeking following reliefs;

            “Direct the opposite parties not to repossess the vehicle bearing No.OD-21-A-5428, supply a copy of loan agreement, reschedule the rest part of the loan after calculating the same in the agreed rate of interest i.e. 10% p.a. and to exonerate the complainant from any other unnecessary charges and pay compensation of Rs.1,50,000/-”.

            The brief fact of the case is that the complainant is a resident of Atharabanki, Baliplot, Railway Colony, Paradeep of Jagatsinghpur District which comes under jurisdiction of this Commission. The opposite parties are Nationalized Bank (Bank of India) at different places of the State including in Jagatsinghpur district which is within the jurisdiction of this Commission. Complainant approached the opposite party No.1 to purchase a vehicle and availed a vehicle loan of Rs.22,50,000/- from the opposite parties to maintain his livelyhood by plying the vehicle. The opposite parties sanctioned the amount and the complainant purchased the TATA LPK TRUCK and got the registration no of Vehicle i.e. OD-21A-5428 and make it fit for running condition. At the time of Agreement the complainant demanded the copy of  loan Agreement in order to know the rate of interest, tenure of installments and other conditions mentioned in that loan document bearing No.510372310000111 but the opposite party No.1 deferred the matter showing some reasons and others. The complainant repaid the installments regularly but due to his ill health condition and due to decision  & policy of Government of Odisha for transportation of iron ore and other complications the Truck became idle for pretty long time for which complainant could not repay installments in time and also intimated the matter to the opposite parties. On 4.11.2019 without serving any notice to the complainant opposite parties with their musclemen reached the house of the complainant to repossess the vehicle but due to some mechanical problem the opposite parties could not repossess the vehicle but threatened the complainant to repossess the vehicle any time with breakdown services. On 5.11.2019 the complainant went to the office of the opposite parties and requested for the loan Agreement, Accounts of Statement and other connected papers to know the actual status of the vehicle but the opposite parties refused to give same. Hence this complaint.

            Notice was issued to opposite party on 20.12.2019 and the opposite parties never respond and was set ex-parte vide order no.6 on 27.2.2020 the opposite parties No.2 & 3 and vide order No27 date 24.5.2022 opposite party No.1 as the notice was sent in the correct address with postage prepaid for which notice was deemed to have been sufficient on the opposite parties as the opposite parties preferred not to appear they were set ex-parte and the commission proceeded to dispose of the case.

            The complainant purchased TATA LPK TRUCK for maintaining his livelyhood through opposite parties and he also regularly repaid the Installments but due to his prolonged health problem he could not pay some installments in time and by that time he had already paid a good number of installments. Without giving prior notice to the complainant and without giving Loan Agreement and Accounts Statement the opposite parties tried to repossess the vehicle which is negligence on the part of opposite parties which causes deficiency of service on the part of the opposite parties. The opposite parties are directed to supply copy of Loan Agreement, Accounts of Statement and other connected papers to the complainant after deducting the overdue charges and other unnecessary charges. With the aforesaid observation and direction the consumer complaint is disposed of without any cost.