STATE BANK OF INDIA Vs. GHANSHYAM YADAV

JUDGEMENT

(1.) THIS appeal is directed against order dated 29.7.10, passed by District Consumer Disputes Redressal Forum, Raigarh (hereinafter called "District Forum" for short) in complainant case No. 83/09, whereby the appellant herein has been directed to return the tractor and trolley in question to the complaint within two months from the date of order and also to pay Rs. 10,000 by way of compensation on account of loss to the agriculture" income and Rs. 4,000 as compensation for mental agony and Rs. 1,000 as cost of litigation.

(2.) THE facts of the case are that the respondent purchased a tractor and trolley for agricultural operations with the help of finance provided by the appellant Bank to the tune of Rs. 3,25,000 As per agreement executed between the parties, the loan was to be repaid in installment of Rs. 33,333 and interest, on annual basis. The case of the complainant was that on different dates, he repaid total Rs. 2,38,000 to the appellant Bank, but even then on 6.2.09, at the time of rabi crop the by tractor was forcefully repossessed by the appellant Bank and was taken out from his possession and thus he was deprived from the crops of paddy and groundnut etc. He suffered loss and he was required to engage tractor on hire. Therefore, he filed complaint for claim of compensation.

(3.) CASE of the appellant/OP before District Forum was that the tractor and trolley was seized, as per terms of agreement, because the complainant/respondent was defaulter. At the time of seizure of the tractor and trolley, Rs. 2,27,000 was overdue against the complainant, therefore the tractor and trolley was seized, which was hypothecated with the Bank, for recovery of the loan amount and in doing so, no deficiency in service has been committed by the Bank.