Karnataka

Chitradurga

CC/90/2014

Tippu Sab S/o. Mahaboob Sab - Complainant(s)

Versus

The Branch Manager, State Bank of India - Opp.Party(s)

Shri.C.M.Veeranna

08 Oct 2015

ORDER

COMPLAINT FILED ON : 10/11/2014

     DISPOSED ON: 08/10/2015

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA

 

CC. NO. 90/2014 DATED:  8th October 2015

 

PRESENT :-     SRI. T.N. SREENIVASAIAH      PRESIDENT                                      B.A., LL.B.,

                        SRI.H.RAMASWAMY,               MEMBER

                                         B.Com., LL.B.,(Spl.)

SMT.G.E.SOWBHAGYALAKSHMI,       

                                         B.A., LL.B.,                   MEMBER

COMPLAINANT	Tippu Sab, S/o Mahaboob Sab, Agriculturiest, Hullehal Village, Kasaba Hobli, Chitradurga Taluk.   (Rep by Sri. C.M. Veeranna,  Advocate)
OPPOSITE PARTY	The Branch Manager, State Bank of India, DCRM Complex, RMC Yard Road, Chitradurga. (Rep by Sri. C.J. Lakshminarasimha,  Advocate)

SRI. T.N. SREENIVASAIAH. PRESIDENT.

ORDER

The complainant has filed a complaint U/s 12 of C.P. Act 1986 against the OP for a direction to the OP not to seize the Tractor by granting stay order till the crop yielding till January 2015 etc.

2.     The brief facts of the case of the complainant are that, he is an agriculturist by profession.  It is submitted that, he purchased Mahindra & Mahindra Tractor-Trailer bearing Reg. No. KA-16/T-5189 and KA-16-T-5190 bearing Engine No. ENSW-2272 and Chassis No. ENSW-2272 under hire purchase agreement by availing loan of Rs.5,00,000/- from the OP for his agricultural purpose and he was regular in making payment of loan installments.  He was cropping pomegranate in his land and getting good income from the said crop.  On account of failure of rain and non-availability of water, the entire crop became useless and he was unable to repay the loan installment.  Further it is submitted that, the existing crop will give good yield within January 2015 and gets good income and will repay the loan amount without fail.  At that time, OP making hectic efforts to seize the said vehicle and later it will be sold for a fancy rate.  If the OP does so, he will be put to great hardship, loss and injury.  Accordingly, he requested the OP to provide time up to January 2015 but, the OP refused to grant time.  Hence, there is a deficiency of service on the part of OP so, he sustained financial loss and mental agony and etc., and prayed for allow the complaint.

 

        3. On service of notice, OP has appeared through Sri. C.J. Lakshminarasimha, Advocate.  But he has not chosen to file version/affidavit evidence or any documents. 

        4. Complainant himself examined as PW-1 by filing affidavit evidence and documents are marked at Ex.A-1 to Ex.A-7. 

 

        5. Arguments heard.

 

6. Now the Points that arise for our consideration for the decision of the complaint are that:

 

Point No.1:- Whether the complaint filed by the complainant is maintainable at this state and he is entitled for the relief as prayed in the complaint?

 

Point No.2:- What order?

 

        7. Our findings on the above points are as follows:

 

        Point No.1:- Negative.

        Point No.2:- As per the final order.

                                        ::REASONS::

 

8. Point No. 1:- It is not in dispute that, he is an agriculturist by profession.  He has purchased Mahindra & Mahindra Tractor-Trailer bearing Reg. No. KA-16/T-5189 and KA-16-T-5190 bearing Engine No. ENSW-2272 and Chassis No. ENSW-2272 under hire purchase agreement by availing loan of Rs.5,00,000/- from the OP Bank for his agricultural purpose and he was regular in making payment of loan installments.  He has cultivated his land by growing pomegranate and was getting good income from the said crop.  On account of failure of rain and non-availability of water, he was under financial crisis and he was unable to repay the loan installment.  He was seeking time for payment of loan installment after getting the existing crop i.e., the yield from his pomegranate crop within January 2015.  But the OP forced to seize the said vehicle and sold for a meager price.  If the OP does so, he will be put to great hardship, loss and injury.  Accordingly, he requested the OP to provide time up to January 2015 but, the OP refused to grant time and thereby he sustained financial loss and mental agony and OP has committed deficiency of service so, this complaint has been filed. 

 

       9.  In support of his contentions,  complainant has relied on his affidavit evidence in which he has reiterated the contents of complaint.  Complainant has also riled on documents like notarized copy of Certificate of Registration of Tractor marked as Ex.A-1¸ notarized copy of Pass Book issued by the State Bank of India marked as Ex.A-2, Certified copy of land rough sketch and boundaries marked as Ex.A-3, Certified copy of crop certificate marked as Ex.A-4, R of R belongs to the land bearing sy.No.43 of Hullehal village marked as Ex.A-5, Original Photo showing pomegranate crop and the bill issued by the Veda Studio and Video. are marked as Ex.A-6 and Ex.A-7 and they are not in dispute. 

      

       10.  On the basis of contentions taken by the complainant in his complaint, it clearly goes to show that, he sought directions to the OP not to seize the Tractor-Trailer by granting stay order till he gets the pomegranate crop.  He himself stated in his complaint i.e., in prayer column that, he wants time for repayment of loan installment till January 2015, that period was already completed.  Now the case is posted for orders and the question of passing any orders does not arise because, the time that he is seeking time was already completed.    Considering the facts and circumstances of the case and the documents produced by the complainant, we come to the conclusion that, complainant is not entitled to seek any relief from this Forum and the complaint itself is not maintainable.  Accordingly, this Point No.1 is held as negative to the complainant.

 

11.  For the foregoing reasons, we pass the following.

ORDER

        It is ordered that the complaint filed by the complainant U/s 12 of CP Act 1986 is hereby dismissed.

 

No order as to costs.

        (This order is made with the consent of Members after the correction of the draft on 08/10/2015 and it is pronounced in the open Court after our signatures.)

 

 

 

MEMBER                   MEMBER                      PRESIDENT

 

 

-:ANNEXURES:-

 

Complainant by filing affidavit evidence taken as PW-1

Witness examined on behalf of complainant:

                                                -Nil-

Witnesses examined on behalf of OP:

-Nil-

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Notarized copy of Certificate of Registration of Tractor
02	Ex-A-2:-	Notarized copy of Pass Book issued by the State Bank of India
03	Ex-A-3:-	Certified copy of land rough sketch and boundaries
04	Ex-A-4:-	Certified copy of crop certificate
05	Ex-A-5:-	R of R belongs to the land bearing sy.No.43 of Hullehal village
06	Ex-A-6:-	Original Photo showing pomegranate crop
07	Ex.A-7:-	Bill issued by the Veda Studio and Video.

 

Documents marked on behalf of Opponent:

-Nil-

 

 

MEMBER                   MEMBER                      PRESIDENT

Rhr.