Orissa

Kendujhar

CC/22/2016

Radhakanta Khilar - Complainant(s)

Versus

The Manager, Bank of Baroda - Opp.Party(s)

Sri C. Hota& Associates

14 Oct 2016

ORDER

IN THE COURT OF THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KENDUJHAR

CONSUMER COMPLAINT CASE NO. 22 OF 2016

               Radhakanta Khilar, aged about 67 years,

               S/o- Late Hrushikesh Khilar,

               of Village/Post- Malda, P.S- Bamebari,

               Dist- Keonjhar                         ………………………………..Complainant

                               Vrs.          

               The Manager, Bank of Baroda,

               At/P.O- Malda, P.S- Bamebari,

               Dist- Keonjhar                        ………………………………...Op. Party

                                       

PRESENT: SHRI A.K. PUROHIT, PRESIDENT

               SRI S.C. SAHOO, MEMBER

               Adv. for the Complainant - Sri C. Hota& Associates

               Adv. for the OP - Sri Ajay Kumar Nath

_____________________________________________________________  

Date of Hearing - 21.09.2016                                 Date of Order- 14.10.2016

Sri S.C. Sahoo, Member: The brief facts of the case are that the complainant had availed a Bus loan (Ashok Leyland Bus) from the O.P Bank in the year 2009 after entering into agreement with the O.P. The alleged Bus bearing No.OR-09-M-3244 was taken into repossession by the O.P Bank on 31.5.2016 without giving any intimation or demand notice with the help of unsocial Gundas which is illegal and arbitrary action adopted by the O.P Bank and the complainant requested the O.P Bank for settlement. But the O.P Bank did not pay any heed to the request of the complainant for settlement of loan account and protested the illegal seizure and demanded the seizure list. But the O.P Bank cunningly took the signature of the complainant by giving a Xerox copy of seizure list and threatened to give the full amount within 7 days failing which the O.P Bank will put the alleged vehicle into auction and the O.P Bank supplied a statement of A/C showing Rs.2,17,191=35p. as balance outstanding against the complainant/ alleged vehicle which was not correct and up to date for payment. Hence this case,

     After service of notice the O.P Bank appeared through his engaged counsel and filed version stating that the complainant is a loanee/ borrower of O.P Bank who availed loan of Rs.7,50,000/- on 15.12.2009 vide loan A/C No.23120600000375 for purchase of A.L. Bus bearing No.OR-09-M-3244 and further stated that at the time of execution of loan documents where in some blank forms were signed without knowing the contents and as for advice of the staff of O.P Bank is not correct and the complainant has executed loan documents personally and produce the guarantor on his behalf. The complainant had repaid loan regularly till 18.10.2010 but later on stopped repayment till 31.8.2012 and on 24.9.2012 complainant deposited Rs.2,00,000/- and from 2.6.2013 onwards did not repay the loan and thereafter the loan A/C was became NPA category on 2.4.2015. Now the said loan A/C showed an outstanding of Rs.2,17,191=35p.and interest as would be accrued thereon and further stated that the stand as taken by the complainant are false and fabricated as the alleged Bus was playing regularly with passengers for which complainant has not sustained any loss. The complainant was willfully defaulted to repay the loan on pretext of illness. The O.P Bank has served a demand notice to both the complainant as well as to the guarantor and the alleged Bus was seized on 31.5.2016 with due procedure of law and the complainant is not entitled to any relief as claimed for in the prayer. Hence, the case be dismissed with cost.

     Heard, the learned counsels for the contesting parties and perused the materials available on record. It is not disputed by the complainant that the alleged vehicle bearing No.OR-09-M-3244 (A.L. Bus) financed by the O.P Bank. But disputing by the complainant that the seizure of the alleged bus was contrary to law without giving any prior demand notice and with the help of Gundas. Hence, now the main issue is to be discuss whether the complainant has defaulted the loan or not. If not what the relief will be granted as the only point of adjudication.

     The ld. counsel for the complainant has submitted that without giving prior notice the O.P has seized the alleged bus of the complainant on 31.5.16 as the alleged vehicle was the only means of his livelihood and the complainant has already paid a sum of Rs.11,37,025=65p. out of loan amount of Rs.13,02,426/- leaving a balance loan outstanding of Rs.2,17,191=35p. as on 17.12.2015. The ld. counsel further submitted that this Hon’ble Forum has directed on 7.6.16 to the O.P for release of the alleged vehicle immediately after receipt of Rs.60,000/- as against the defaulted O/S of Rs.2,17,191=35p. But the complainant could not be able to release the alleged vehicle due to illness and failed to deposit the amount with the O.P Bank as was direction given by this Forum.

    On the other hand the ld. counsel for the O.P has submitted that the complainant has violated terms and condition of loan agreement as was entered with this O.P Bank and besides reminders the complainant did not regularized the loan A/C and the loan A/C became NPA on 2.4.2015 as per guidelines of RBI and the O.P Bank has serve demand notice under SARFAESI Act 2002 to clear the loan O/S within 60 days and the complainant has not paid any amount nor any respond to the notice and the O.P Bank has later on seized the alleged Bus on 31.5.16 for realization of its dues. Besides this loan the complainant has availed another credit facility by way of Term loan from O.P Bank and the complainant has also another Bus bearing No.OR-09-O-2737 (A.L. Bus) with sitting capacity of 49 passengers playing on the road and as such the O.P Bank has never harassed the complainant in any manner nor put him into mental agony for financial loss does not arise. Since the complainant failed to comply the direction under the exparte interim order on dt.7.6.2016 U/S.13 (3)(b)of C.P. Act 1986 and as such the complainant has misutilised the liberty as granted and has not showed any reason to the Honorable Forum till date of final hearing of his non-deposit. Hence this case of the complainant is devoid of any merit and liable to be dismissed with cost.

     On perusal of Loan A/C statement of the O.P Bank filed by the complainant as on 17.12.15 it is revealed that the complainant has intermittently paid the loan dues of the O.P Bank on different date not by bimonthly and irregular for which the Loan A/C became NPA and if agreement permit the financier to take possession of the finance assets/ vehicle there is no legal impediment on such possession as being taken. Of course, the hirer can avail such statutory remedy as may be available. But mere fact that possession has been taken cannot be a ground to contend that the hirer is prejudiced and as such the O.P Bank cannot be said to be deficient in rendering of service. The O.P Bank has given all possible financial help to the complainant but the complainant failed to repay the installments of loan. Hence, the O.P Bank is not guilty of any deficiency in rendering service to the complainant as presumed. Hence,                             

O R D E R

In the light of aforesaid observation the complaint of the complainant is dismissed with no order as to cost and compensation.

             Accordingly, the case of the complainant is disposed of.

 

 

                                                                                                                                   I agree                

    (Sri S.C. Sahoo)                                                                                            (Sri A.K. Purohit)                                                                     

          Member                                                                                                         President                                                                                                             

  DCDRF, KEONJHAR                                                                                DCDRF, KEONJHAR                                                                           

 

                                          Dictated & Corrected by me

                                                (Sri S.C. Sahoo)                                                                          

                                    MEMBER, DCDRF KEONJHAR