C.C. No.395/2022
Sri Soumyakanta Sahoo,
S/o. Sri Satyananda Sahoo,
At/P.O./P.S.- Raghunathpur,
Dist.- Jagatsinghpur. ……… Complainant
- The Manager,
Indusind Bank Ltd., Paradeep Branch,
At- Sahu Complex, IFFCO Square,
P.O.- Atharbanki,
P.S.- Paradeep Lock,
Dist.- Jagatsinghpur.
- The Manager,
Consumer Finance Division,
Indusind Bank Ltd.,
Old No.115, 118,
New No.34, G.N. Chetty Road,
T. Nagar, Chennai- 600017. …..… Opposite parties
For Complainant………..Mr. C. Mishra & Associates
For Opposite Parties ………..Mr. U.C. Sethi & Associates
Date of Hearing: 27.9.2024 Date of Judgment: 23.10.2024 |
ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:
JUDGMENT
Complainant has filed the consumer complaint U/s.35 of C.P. Act, 2019 seeking following relief;
“Direct the opposite parties to release the vehicle bearing Regd. No.OD-05-AH-4920 and pay compensation Rs.19,50,000/- towards loss of business, mental agony and cost of litigation.”
This Commission issued notice and passed interim order on 07.12.2022 directing as under;
“Heard the advocate for the complainant ex-parte. It is submitted that complainant is maintaining his livelyhood by engaging himself in the vehicle and due to seizure of vehicle he has been disengaged. Submission appears to be just and reasonable supported with affidavit. Hence considering the circumstances, issue notice to the opposite parties to file objection if any but in the meantime the opposite parties are directed to release the asset (vehicle) bearing Regd. No.OD-05-AH-4920 of the complainant immediately on receipt of two EMIs from the complainant and not to take any coercive action against the complainant in respect to the aforesaid vehicle till dt.26.12.2022.”
Brief fact of complainant is that, the complainant was unemployed and purchased a truck being financed by opposite parties. As per contract dtd.11.4.2018 the loan amounting to Rs.29,25,000/- along with interest charges amounting to Rs.16,33,285.77 is scheduled to be paid in 95 EMIs starting from 07.6.2018 to 07.4.2026. Due to Covid-19 and non plying of vehicle on the road only 5 EMIs are yet to be paid to the opposite parties. On 26.9.2022 opposite parties have repossessed the vehicle without giving seizure list and they are in a mood to sale the vehicle in order to gain wrongfully.
Opposite parties have filed their written version stating as under;
The in due course approached to the opposite parties for availing the requisite finance for the purchase of the vehicle and the opposite parties after proper consideration thereof agreed to finance an amount of Rs.29,25,000/- to the complainant by way of a duly executed loan agreement on dtd.11.4.2018. But from the very beginning his repayment track was not as per agreed terms and conditions of the loan agreement, resulting which the complainant became a defaulter. Hence as per the repayment schedule complainant has to pay the total agreement value of Rs.47,18,285/- including interest payable from 07.6.2018 to 07.4.2024 in 95 installments as per the repayment schedule.
The opposite parties have filed documents like Notice with R.L. receipt to borrower dtd.01.8.2022 sent by Regd. Post on 02.8.2022, repossession inventory list dtd.26.9.2022, Post notice dtd.27.9.2022 with Regd. Letter Notice with track consignment and paper publication in Samaja dtd.13.10.2022.
The complainant has suppressed all such fact and obtained the interim order dtd.07.12.2022. We find that complainant in spite of availing moratorium period is a chronic defaulter for which the concerned vehicle bearing Regd. No.OD-05-AH-4920, Chassis No.MB1NACHD2JPFC7453, Engine No.JPPZ115984, Contract No.OCE00417D dt.11.4.2018 has already been auctioned prior to filing of consumer complaint to 3rd party who is not before us. As such we find no deficiency in service on the part of opposite parties when complainant is himself a defaulter. As such the consumer complaint being devoid of merit is dismissed but no order as to cost.
Pronounced in the open Commission on this 23rd October,2024.
