Orissa

Jharsuguda

CC/59/2015

Samir Mohammad Fayaz S/O-Md.Abbas Ali - Complainant(s)

Versus

Viyay Bank,Represented trough its branch Manager - Opp.Party(s)

R.N.Panda

06 Jan 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM JHARSUGUDA.
ODISHA
 
Complaint Case No. CC/59/2015
 
1. Samir Mohammad Fayaz S/O-Md.Abbas Ali
AT/Po-Rangadipha,Sundargarh,Ps-Town
Sundargarh
Odisha
...........Complainant(s)
Versus
1. Viyay Bank,Represented trough its branch Manager
Sarbahal Road ,Near Incom Tax Office,Ps-Jharsuguda
Jharsuguda
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sundar lal Behera PRESIDENT
 HON'BLE MRS. ANAMIKA NANDA MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 06 Jan 2016
Final Order / Judgement

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

                                        

CONSUMER  COMPLAINT  CASE NO. 59 OF 2015

 

Samir Mohammad Fayaz, ( 32 Yrs.),

S/O: Md. Abbas Ali,

R/O/PO: Rangadhipa, SNG,

PS/ Dist-.Sundargarh, Odisha…………………………………..……………. Complainant.

     

                                           Versus 

 

The Branch Manager,

Vijaya Bank, Sarbahal Road,Jharsuguda,

Near Income Tax Office, Jharsuguda,

PS/ Dist: Jharsuguda, Odisha…............................................................ Opp. Party.

 

Counsel for the Parties:-

 

For the Complainant                                      Shri R.N.Panda, Adv. & Associates.

For the Opp. Party                                        Shri P.K.Mohapatra,Adv. & Associates.

 

Date of Order: 06.01.2016

                                                           

                                                                                             Present

 

                                                                              1. Shri S.L. Behera, President.

                                                                              2. Smt. A.Nanda, Sr. Member.

                                           

                                           

Shri S. L. Behera, President : - The brief facts of the complainant’s case is that, the complainant had purchased a vehicle bearing registration no. OR-16-D-0926 by taking loan from the O.P for amounting Rs.11,00,000/-. The complainant was paying the monthly instalments regularly but due to failure of a monthly instalment the O.P seized the vehicle forcefully and illegally. The O.P is violating the law and sent notice on dtd.09.02.2015 to sale the vehicle in auction sale hence the complainant filed this case with allegation of unfair trade practice by the O.P.

On notice the O.P appeared through his counsel and filed written version and submitted that the complainant was not paying the regular monthly instalments. The vehicle was financed for Rs. 11,00,000/- by executing hypothecation agreement between the parties. The loan amount with interest was to be repaid by the complainant in monthly instalments of Rs.28,840/- only started from August 2010 to 27.03.2014. The complainant failed to repay the instalments regularly and a sum of Rs.9,97,245/- only was outstanding and as per terms and conditions of hypothecation agreement before seizing of vehicle the O.P issued a Regd. Post with AD notice on dtd. 28.01.2015. But the complainant did not deposit the said outstanding amount. The vehicle was seized earlier in the year 2013 for non payment of instalments. The complainant preferred W.P (C) no. 8649/ 2013 before the Hon’ble High court of Odisha, Cuttack where the Hon’ble High court of Odisha directed the O.P to release the vehicle on depositing of 50% of defaulted amount by the complainant and the O.P denied all allegations made by the complainant.

Heard from both the parties and gone through the case record. The complainant had purchased the vehicle bearing Regn. No. OR-16-D-0926 by taking loan from the O.P. Due to non-payment of outstanding dues the O.P seized the vehicle by issuing prior notice. The vehicle was seized earlier in the year 2013 by the O.P for non-payment of instalments. There are outstanding dues of Rs. 9,97,245/- only till the date of filing the written version by the O.P towards the vehicle.

As the O.P had issued pre-seizure notice to the complainant before seizing the vehicle due to non-payment of outstanding dues there is no any deficiency in service found out committing on the part of O.P. Hence, we are in considered opinion to dismiss the case with no costs.

Accordingly the case is disposed of.

Order pronounced in the open court today the 06th   day of January’ 2016 and copy of this order shall be supplied to the parties as per rule.      

                                               I Agree.         

                                         A.Nanda, Member (W)                       S.L.Behera, President          

                                        Dictated and corrected by me.

 

                              S.L.Behera, President .

 
 
[HON'BLE MR. Sundar lal Behera]
PRESIDENT
 
[HON'BLE MRS. ANAMIKA NANDA]
MEMBER

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