DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: BHADRAK : (ODISHA).
Consumer Complaint No.127 of 2022.
Date of hearing : 04.06.2024.
Date of order : 16.07.2024.
Dated the 16th day of July 2024.
Sanjay Lenka, S/o:- Late Golekha Lenka,
At/Po:-Bachhalo, P.S:- Naugan, Dist:- Jagatsinghpur,
At present S/o:-Kulamani Rout, At:- Jamunadasi Matha,
Po/PS:-Dhusuri, Dist:- Bhadrak, Odisha.
. . . . . Complainant.
Vrs.
- The Branch Manager, Indusind Bank,
Bajrakabati Road, Po:-Buxibazar, Dist:- Cuttack, Odisha.
- Managing Director Indusind Bank,
Regd. Office at 2401, Gen, Thimmaya Road (East Street)
Pune - 411 001.
- Branch Manager, Indusind Bank,
At:- IFFCO Chhak (Near TVS Show Room)
Po/PS:-Paradeep, Dist:- Jagatsinghpur.
- Regional Transport Officer,
Cuttack Near Collectorate,
Po:-Chandni Chowk, P.S:- Lalbag, Cuttack – 753 002.
. . . . Opp. Parties.
P R E S E N T S.
1. Sri Shiba Prasad Mohanty, President,
2. Smt. Madhusmita Swain, Member.
Counsels appeared for the parties.
Counsel for Complainant : Sri P.K. Mohanty, Advocate.
Counsel for O.P. No.1 to 3: Sri Umesh Ch. Sethi, Adv. & Associates.
Counsel for O.P. No. 4 : S e l f.
J U D G M E N T.
SRI SHIBA PRASAD MOHANTY, PRESIDENT.
In the matter of an application filed by the complainant alleging deficiency of service against the Opposite Parties under Consumer Protection Act, 2019.
A fact of the case is that, the complainant is an unemployed youth & Member of Jagatsinghpur Truck Owner Association in order to maintain his livelihood he purchased a Goods Carrier (Truck) 3118 IL BSIV bearing Regd. No.OD-O5AC-9183 on loan in the month of August 2020 being financed by Indusind Bank Ltd. for maintain his family from the earning of the vehicle. The complainant has availed the financial service for an amount of Rs.19,07,068/-. The said lending of term loan was repayable in 48 installments starting from 21.09.2020 till 21.07.2024 @ Rs.54,250/- per month. Till the date of filing, the complainant has paid 26 EMIs out of 48 EMIs. Only 2 EMIs are overdue on the complainant for the said vehicle as on 21.12.2022. On 26.11.2022 when only for one installment was overdue, while the said vehicle was on the way from Paradeep to West Bengal for delivery of consignment of fertilizer the O.Ps through their agency forcibly repossessed the vehicle by using muscle power. The complainant was not supplied with the copy of the loan agreement & the signature of the complainant was obtained on the dotted lines of the readymade agreement booklet. The complainant negotiated with the O.P.No.1 and got the vehicle released on payment of one installment i.e. Rs.54,250/-. The complainant alleges the repossession to be unfair trade practice and deficiency in service and sought for compensation. The complainant has filed the documents i.e. 1) Statement of accounts, 2) Registration certificate particulars, 3) Loan installment payment & 4) Copy of Inventory.
The O.P. No. 1 to 3 submit that, the complainant expressed his interest to purchase the old vehicle No.OD05AC9183 on loan takeover basis of Mr. Bhagyarabi Swain old loan No.OCC01300D. Consideration of the request of the complainant, the O.P. Bank refinanced the previous loan contract to a new loan contract vide fresh execution of a new loan agreement No.OCC02760D for an amount of Rs.19,07,068/- on dtd.18.08.2020 to the complainant. Hence as per the repayment schedule complainant has to pay the total agreement value sum of Rs.25,40,215/- including interest payable from 21.09.2020 to 21.07.2024 in 47 installments as per the repayment schedule& agreement copy issued to the complainant. It was an essential pre-requisite that the said installments were to be paid on the 21st day of every month as per the terms & conditions of the agreement, failing which overdue interest & delay payment charges would accrue in the loan accrue in the loan account of the complainant herein, and the complainant had also agreed to pay cheque bounce charges in case his instrument on that accord were dishonored on presentation on such due dates. But since the beginning his repayment track was not as per agreed terms & conditions of the loan agreement, resulting which the complainant became a defaulter. Since the complainant is registered owner of multiple vehicles used for commercial purpose as per the RC particulars. The complainant is admittedly defaulter & is not liable to get any relief. The O.Ps have filed the documents i.e. (1) Copy of Loan Agreement (2) Copy of Statement Accounts & (3) Copy of Repayment Schedule.
The O.P.No.4 submits that, to prevent the change of ownership of the disputed vehicle, it has been blocked as per the direction on dtd.20.12.2022.
Having heard the rival contentions and materials available in the record this commission is of the opinion that the complainant has to do equity to get equity. The onus of proving that he has regularly paid the installments in time is upon the complainant. The complainant failed miserably even to say to this commission as to what amount he has paid till the date of filing of the complaint and till the date of hearing of this present dispute. It is very much within its right to repossess the financed vehicle in case of non-payment of agreed repayment. Accordingly they have repossessed the case vehicle. The financer has all the legitimate right to adopt all procedures of law to get back its money which cannot be termed as unfair trade practice or deficiency in service.
O R D E R.
In the result, the complaint be & same is dismissed. The complainant has to pay the loan amount and interest and other charges accrued as per the terms of the loan agreement by the end of the tenure of the loan. No order of cost against any party.
This order is pronounced in the Open Court on this the 16th day of July 2024 under my hand and seal of the Commission.
