Presented by Smt. A.Behera, Member .
Petitioner/Complainant in this case obtained a tractor through financing from Opposite Party No.1(one) vide tractor registration No OR-17-C-9313 Chassis No. CNSF 1211 Engine No. CNSF 1211 and Trailor on date 19/10/2004. Complainant used to pay the installments regularly till the year 2009, but the Opposite Party No. 1(one) did not handed over the insurance certificate for first party insurance cover rather the Opposite Parties have issued a third party insurance policy bond through received money premium for first party insurance cover which the Complainant protested but Opposite Party turned deaf ear to this complaint. On Dt.01/04/2011 without any notification/ information Opposite Party No.1(one) repossessed the vehicle and on Dt.16/11/2011, Opposite Party No.2(two) sent a notice to surrender the Registration Certificate so that can be cancelled as per situation occurred in the case.
Complainant relies on the following documents to prove his case:-
Xerox copy of the RC Book.
Xerox copies of the Money Receipt of insurance premium paid.
Xerox copies of Passbook.
Xerox copies of Counter foil.
Xerox copies of notice/form 37, from R.T.O., Bargarh.
Opposite Parties are noticed properly and Opposite Party No.2(two) appeared and filed their version on Dt.12/03/2013 denying the allegations, deficiency against them and prayed to dismiss the case with cost.
Opposite Party No1(one) appeared and filed their version on dated 16/04/2013 denying all the allegation's levelled against them and prayed the case to be dismissed with cost.
Hearing was conducted on Dt. 25/06/2014 where in the counsels submitted their respective causes and points of consideration in great details.
Heard carefully to each of them.
Perused the case record and documents attached to the case record in support of parties and their contention and the following points were appeared.
That finance of the tractor above cited to the Complainant by Opposite Party No1(one) is admitted fact by all parties supported with documents.
Vehicle was duly registered with the Opposite Party No.2(two) who is the appropriate authority for the work admitted contension.
Complainant said, he was paying loan installments regularly till 2009. However the loan passbook submitted shows that it was up to 2008 and as on Dt.31/05/2009 the loan outstanding against the Complainant was Rs.3,80,006.60/-(Rupees three lakh eighty thousand six and sixty paise)only.
The counter foils filed by the Complainant shows a repayment of Rs.60,000/-(Rupees sixty thousand) only Dt.25/06/2009. The loan account number not shown in the loan Pass Book filed by the Complainant but the number matches with the loan account number given by the Opposite Party vide 30506148893, Rs.10,000/-(Rupees ten thousand)only (1) to loan account No.10777714803 Dt. 26/09/2008, Rs.30,000/-(Rupees thirty thousand)only (2) to loan account No. 10777714803 Dt.29/09/2008, Rs.40,000/-(Rupees forty thousand)only (3) to loan account No. 01572069368 the slip shows the other number too at the top Dt.26/12/2007 dated (Not visible from the foil filed) Rs.35,000/-(Rupees thirty five thousand)only (4) to loan account No. 10777714803 Dt.20/06/2007, Rs.25,000/-(Rupees twenty five thousand)only (5) to loan account No. 1077714803 Dt.26/02/2007, Rs.32,000/-(Rupees thirty two thousand)only (6) to loan account No. 01572069368 Dt.22/07/2005, Rs.30,000/-(Rupees thirty thousand)only (7) to loan account No. 01572069368 Dt.03/02/2006 and Rs.30,000/-(Rupees thirty thousand)only (8) to loan account No. 10777714803 Dt.03/07/2006 amounting a total of Rs. 2,92,000/-(Rupees two lakh ninety two thousand)only (approx) to different account, having only one repayment matching to the loan account number as per the Opposite Parties being No. 30506148893 as per their version. However in the hypothecation agreement filed by the Opposite Party No.1(one) shows account No. 01572069368 in it.
When verified this with the Pass Book it was seen that the loan Pass Book showing two loan account number. So whether both the loan account are for the same financing of tractor is not raised non answered, loan repayment is made to both of this account number in the Pass Book filed with the case record. Again from the counter foils loan repayment is done to three numbers viz (1) Account No. 10777714803 (2) Account No. 01572069368 (3) Account No. 30506148693.
However it was found that there is an outstanding loan amount of Rs.3,80,006.60/-(Rupees three lakh eighty thousand six and sixty paise) against the Complainant as per the Pass Book where in two account number are there. In the event. the balance that is there in the account can not be attached to the loan account in issue. So the Complainant was paying installments for two loan account till 2008. But the amount till outstanding is for this loan account in issue is neither proved or disproved.
Hence the bank or financing authority has got every right to take steps to collect the loan amount due and the document finance agreement asserts to this contention.
(4) The document (form No. 37) from the R.T.O. is only process that is in practice when cases like this are arises and nothing more than a routine procedure.
(5) Complainant have filed three money receipts of premium collection for insurance but whether the insurance is first party insurance or third party insurance is not under standable and without any other documents and policy document this contention of the Complainant is not proved.
(6) No documents for contention that with out following proper procedure Opposite Party No.1(one) repossessed the vehicle has been filed by either party.
(7) Opposite Party No.1(one) in his version admitted that the vehicle in issue is auctioned by the Bank for Rs.1,55,555/-(Rupees one lakh fifty five thousand five hundred fifty five)only and the amount is credited to the loan account Opposite Party No.1(one) says that they have intimated this to the Complainant via registered post but have not filed any document to prove their contention hence little discrepancy is certainly smelled here on the part of the Opposite Party No.1(one) the Bank though the financing agency has got every right to recover the loan as per agreed terms.
(8) The vehicle in issue was repossessed on Dt.01/04/2011 by the financing Bank in a process of recovering the financed amount where no installment were paid for almost two and half year. But when the vehicle in issue was auction was not revealedly either parties keeping the forum in dark. Opposite Party No.1(one) not filed any single documents in support of their actions while auctioning the vehicle for which it can be assumed that discrepancy has been occurred.
(9) Why the Complainant waited 10(ten) month to file a complaint about the issue is a question unsolved if he was so interested to keep their tractor and earing the livelihood and did nothing to save this when the vehicle got repossessed and to save it from auction sale.
(10) Opposite Party No.1(one) auctioned the vehicle in issue in this case and deposited the amount to the loan account of the Complainant which is like application of one time settlement at the same time ceasing to use of the vehicle in issue and earn any profit out of it forever.
In the light of above discussion forum orders the following:-
O R D E R
OP No.2(two) who has nothing to do with the problem and only related to formalities and procedure are here by exonerated from any allegations against them.
Allegation against Opposite Party No.1(one) devoid of any merit hence stands dismissed.
Complainant is directed to surrender the registration certificate to Opposite Party No.2(two) for maintaining the procedural requirements within one month of the order failing which appropriate action may be initiated.
Parties will bear their own cost.
Disposed off accordingly.
Typed to my dictation
and corrected by me.
I agree, I agree, I agree, (Smt. Anjali Behera ) (Sri Pradeep Kumar Dash) ( Miss Rajlaxmi Pattnayak)
M e m b e r. M e m b e r. P r e s i d e n t.
