BEFORE THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KANDHAMAL, PHULBANI.
C.C. No. 08 OF 2019
Present: Miss Sudhiralaxmi Pattnaik - President (I/c).
Sri Purna Chandra Tripathy - Member.
Sudhira Mallick
S/O: Late Lakshman Mallick
At: Nilapadar, PO: Ganjuguda
PS: Sadar, Phulbani.
Dist: Kandhamal ……………Complainant.
-Versus-
1. Manager, Indusind Bank Ltd,
At-Plot No. 754-1,
(Behind Sakuntala Petrol Pump), Durgaprasad,
At/PO/Dist: Nayagarh,
2. Jogendra Nayak
C/O: Manager, Indusind Bank Ltd
(Behind Sakuntala Petrol Pump), Durgaprasad.
AT/PO/Dist: Nayagarh. …………….Opposite Parties.
For the Complainant: Advocate Sri B.D Mohapatra, Phulbani
For the Opp. Parties: Expartee.
Date of Order: 26th February 2021
The brief fact of this case is that the Complainant had purchased an Auto Rickshaw under the hypothecation of OP No.1 by way of self employment and to earn livelihood. That at that time of delivery of the said vehicle the complainant has paid the down payment of Rs 79,800/- before the OP No- 1 and taken the vehicle from the OP No- 1 and the said vehicle was registered under the RTA , Phulbani bearing Regd No- OD12A-6168 . As per the complainant he has deposited an amount of Rs 2, 08,100/- in total against the said vehicle. During the continuation of installments on dated 12/01/2019 the OP No- 2 forcibly taken into the possession of the vehicle from the complainant and his signature also. For which the complainant has filed this case with a prayer for issue direction to the OPs to refund the paid amounts of Rs 2,08,100/- and Rs 5,00,000/- towards compensation for mental agony sustained by the complainant due to the negligence and deficiency in service by the OPs. Accordingly the case of the complainant admitted and issued notice to the OPs for their appearances and filling of version. The notices duly served to the OPs but both the OPs did not prefer to appear or file their version in support of their case. Hence on dated 25/01/2021 the OPs were declared set expartee. During the hearing of the case, the complainant did not filed any documents in order to prove his case against the OPs. After careful examination of the petition and other documents led by the complainant, we do not find any merit in the case. Hence order.
O R D E R
Therefore the case of the complainant is hereby dismissed against the OPs with no cost. Accordingly the case is disposed off. The free copy of this order be supplied to the parties.
Member President
