IN THE DISTTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAMBALPUR.
CONSUMER COMPLAINT NO.453 OF 2007
Kishor Chandra Padhi,
S/O. Sri Radha Krishna Padhi,
R/O. Ainlapali, P.O.: Baunsuni,
District: Boudh. …….. Complainant.
Vrs.
Manager, ICIC Bank Ltd.,
Sambalpur Branch, Sambalpur. …….. Opp.Party.
For Complainant: Shri R.C.Purohit, Shri S.K.Dash &
Shri P.N.Das. Advocates.
For Opp.Party : Shri A.K.Sahu, Shri R.M.K.Sharma &
Shri SJaiswal, Advocates.
DATE OF ORDER: 06.01.2009
_________________________
P R E S E N T :
SHRI A.K.PUROHIT, PRESIDENT
A N D
SHRI T.JAYAPURIA, MEMBER.
: O R D E R :
SHRI A.K.PUIROHIT, PRESIDENT:- The case of the complainant is that he had purchased a Bolero XL bearing Regd. No.OR-015-H-5798 with the financial assistant of the O.P. the complainant alleges that although he had paid the installments up to September,2007, the O.P. illegally seized the said vehicle due to default of one month installment. The complainant prays for release of the vehicle.
2. The O.P. filed his written version and contested the case. According to the O.P., the Bank has sanctioned an amount of Rs.3,21,000/- in favour of the complainant which is repayable in 48 EMIs at the rate of Rs.7,950/- per month and accordingly a Loan-cum hypothecation agreement was executed between the parties. The complainant has defaulted in making payment of EMI and hence violated the terms and conditions of the agreement and hence seizure of the vehicle is legal and proper and as such the O.P. claims no deficiency in service on his part.
3. Perused the pleadings and materials available on record. Admittedly the complainant had defaulted in making repayment of the loan amount. Law is well settled that if the agreement permits the financier to take away the vehicle then there is no legal bar for the same. There is no evidence on record to show that the O.P. has not acted as per the terms
conditions of the loan agreement. Hence there is no deficiency in service on the part of the O.P. Further in view of the interim order passed by this Forum on dt.29.11.2007 the vehicle has already been released in favour of the complainant. Hence there is nothing to pass any further order for release of the vehicle.
Accordingly, the case of the complainant is dismissed.
SHRI A.K.PUROHIT
PRESIDENT.
SHRI T.JAYAPURIA, MEMBER. I agree.
Dictated and corrected by me.
PRESIDENT.
Tags: ICIC Bank