DIPTIMAYEE SAHU Vs. ICICI BANK LIMITED

JUDGEMENT

(1.) This Order shall dispose of First Appeal No. 282 of 2005 arising from CD Case No. 4 of 2005 and First Appeal No. 284 of 2005 arising out of CD Case No. 112 of 2004, filed by the appellant/complainant before the Orissa State Consumer Disputes Redressal Commission, Cuttack (hereinafter referred to as the State Commission for short) against separate Orders dated 30.6.2005 whereby the State Commission has dismissed the complaints filed by the appellant. Since the facts of both the Appeals are identical, we dispose them of by a common Order. Facts of First Appeal No. 282 of 2005

(2.) Appellant/complainant applied for sanction of Rs. 7,65,000 to I.C.I.C.I. Bank-respondent herein (hereinafter referred to as the Bank for short) to enable her to purchase a Leyland Truck Chassis. Respondent, on consideration of the application, sanctioned the aforesaid amount out of which appellant purchased the vehicle. According to the appellant, she had been paying the monthly instalments of Rs. 27,054 regularly till 30.12.2004. That she had paid about 27 monthly instalments and a sum of Rs. 54,108 was remaining to be repaid. Because her husband was bed-ridden, there was default in payment of monthly instalment. That taking advantage of the situation, the respondent was threatening to seize the vehicle, although there was no ground for seizure of the vehicle.

(3.) After Notice, the Complaint was listed before the State Commission on 18.1.2004. Respondent put in appearance on Caveat. By an Interim Order, the State Commission directed that in the event of appellant depositing a sum of Rs. 1,00,000 without prejudice to the rights and contentions of the parties, the vehicle be released in her favour.