Orissa

Jagatsinghapur

CC/130/2019

Bibekananda Pattnaik - Complainant(s)

Versus

Managing Director indusind Bank - Opp.Party(s)

Mr.P.K.Jena & Assoc

17 Nov 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION JAGATSINGHPUR
JAGATSINGHPUR
 
Complaint Case No. CC/130/2019
( Date of Filing : 08 Nov 2019 )
 
1. Bibekananda Pattnaik
At-Belar Nuagan Ps-Marshaghai
Kendrapada
...........Complainant(s)
Versus
1. Managing Director indusind Bank
Thimmaya Road East street pune-411001
2. Branch Manager Indusind Bank
At-IFFCO chhak Near TVS show room po/ps-Paradeep
jagatsinghpur
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. PRAVAT KUMAR PADHI PRESIDENT
 HON'BLE MRS. MADHUSMITA SWAIN MEMBER
 
PRESENT:
 
Dated : 17 Nov 2022
Final Order / Judgement

                                                                                             JUDGMENT

 

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

            “Direct the opposite parties return the vehicle bearing No.OD-29-D-7186 and the copy of the loan agreement and to receive the installments leaving other charges and to provide the NOC to the complainant after closer of the loan and to pay the compensation of Rs.2,20,000/-”.

            The brief fact of the case is that the complainant decided to purchase a vehicle to earn his livelyhood to maintain his family out of the income by plying the said vehicle and takes over the vehicle loan amount and signed an agreement. The complainant paid insurance premium for the first year and accordingly the said loan was availed by the complainant which will be paid in 58 installments @ Rs.67,348/- for 1st installment and Rs.67,200/- for 55 installments and Re.1/- for two installments. Due to prolonged illness and bad weather the vehicle could not able to run and he could not able to pay 3 installments and approached the opposite parties to allow two months time for payment of installments. All of a sudden in the intervening night 06.11.2019 and 07.11.2019 morning the opposite parties forcibly seized the vehicle without sanctioned of law. 

            Notice was issued to opposite parties by Regd. Post on 11.11.2019 but they did not respond and the opposite parties are set ex-parte on 10.11.2021.

            Both parties are absent since 2 ½ years. We have gone through the record and perused the statement, from which it is revealed that the complainant is paying his installment since June, 2017. Already four and half years has passed and simple grievance of the complainant was to return the vehicle which was allowed vide order dtd.11.11.2019. We are not aware the present status regarding pending dues. We therefore dispose the consumer complaint with a direction to supply copy of loan agreement and current account statement to the complainant and not to repossess the vehicle provided the complainant pays the regular installment having not more than default of three EMIs. With the aforesaid observation and direction the consumer complaint is disposed of without any cost.     

 
 
[HON'BLE MR. PRAVAT KUMAR PADHI]
PRESIDENT
 
 
[HON'BLE MRS. MADHUSMITA SWAIN]
MEMBER
 

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