Orissa

Sambalpur

CC/3/2015

Pramod Bhati - Complainant(s)

Versus

UCO Bank, Sambalpur Branch - Opp.Party(s)

B.Pattnaik

30 Apr 2022

ORDER

District Consumer Disputes Redressal Commission, Sambalpur
Near, SBI Main Branch, Sambalpur
Uploaded by Office Assistance
 
Complaint Case No. CC/3/2015
( Date of Filing : 05 Jan 2015 )
 
1. Pramod Bhati
R/o- Near Muncipal Hospital, Paradsipada, P.O./P.S.-Khetrajpur, Dist.- Sambalpur.
SAMBALPUR
ODISHA
...........Complainant(s)
Versus
1. UCO Bank, Sambalpur Branch
Gaiety Road, P.O- Sambalpur, P.S.- Town,Dist.- Sambalpur, represented through its Branch Manager.
SAMBALPUR
ODISHA
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Dr. Ramakanta Satapathy PRESIDENT
 HON'BLE MR. Sadananda Tripathy MEMBER
 
PRESENT:
 
Dated : 30 Apr 2022
Final Order / Judgement
  1. The Case of the Complainant is that the Complainant to earn his livelihood preferred for a transportation vehicle Tata Motor HGV Truck made a finance from O.P. Bank amounting to Rs. 16,57,000/- although cost of vehicle was Rs. 19,44,000/-. The Complainant deposited Rs. 4, 24,000/- to-wards earnest money in the Bank. The monthly installment was fixed to Rs. 40,000/- in 60 numbers of installments. The loan A/C was bearing No. 012206/0004548. The complainant furnished security documents with the Bank with signed blank cheques. The vehicle is having Regd. No. OR-15S-6357. After 5 to 6 months of finance the complaint suffered from ill health, unable to move freely, could not supervise the vehicle personally and became defaulter of the O.P. Bank.
  2. The O.P. has instituted ICC No. 248/2012 and ICC No. 249/2012 cases before S.D.J.M, Sambalpur under the N.1 Act. for an amount of 1.00 lakh and Rs. 50,000/- respectively. The O.P. issued a letter to Shree Jyoti Finance Management services (P) Ltd. vide letter No. SBP/REC/40/2014-15 dated 03.10.2014, authorizing to take recovery of possession of the vehicle. The Bank has misutilised the cheques and by engaging private recovery agent for repossession of vehicle, conducted deficiency in service and unfair trade practice. It is the allegation of the Complainant.
  3. Perused the case record. The O.P. has been set ex-parte. The Complainant has obtained interim stay order from this Forum/Commission 05.03.2015, 23.04.2015, 06.06.2015 and 20.07.2015 the extended order of stay. Although about 7 years has been lapsed the Complainant has not cleared up the loan. Filing of I.C.C. Cases by the O.P. is its discretion for recovery of loan outstanding. Further to protect the loan amount whatever steps taken by the O.P. Bank is under the provision of Law and this Commission do not fee to interfere. Accordingly the complaint is dismissed. The Complainant has not come to the court/Commission with clean hand.

Order pronounced in open court on this 30th day of April 2022.

Supply free copies to the parties.

 
 
[HON'BLE MR. Dr. Ramakanta Satapathy]
PRESIDENT
 
 
[HON'BLE MR. Sadananda Tripathy]
MEMBER
 

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