INDUSIND BANK LTD Vs. KALPANA ROY SARKAR

JUDGEMENT

(1.) The complainant namely Ms. Kalpana Roy Sarkar and Mr. Prodip Kumar Roy Sarkar obtained a loan from the predecessor in interest of petitioner hereinafter referred to as the petitioner lender for purchasing a vehicle from Respondents No. 3 to 5. The loan so taken by them was payable in instalments. They having defaulted in payment of the instalments a notice dated 18.02.2006 was issued to Smt. Kalpana Roy Sarkar requiring her to pay a sum of Rs.22,720.94 and informing that if the said amount was not paid within seven days the lender would be forced to re-possess the vehicle and/or take legal action against her at her cost. The said amount having not been paid, the petitioner filed an application under Section 9 of Arbitration and Conciliation Act whereupon , the concerned court vide order dated 07.09.2007 appointed an advocate namely Seema Chaubay to take over possession of the vehicle. She was also authorized to appoint agent and to take police help for this purpose.

(2.) The petitioner thereafter wrote a letter to police station, Kotwali in Cooch Behar on 26.09.2007 enclosing a copy of the court order and seeking police assistance in taking charge of the vehicle. The vehicle was re-possessed on 26.09.2007. A perusal of the inventory list prepared at that time would show that the possession of the vehicle was taken by a field officer of the petitioner Bank namely Mr. Bhomik. The vehicle is stated to be in the custody of the petitioner Bank.

(3.) Earlier, on receipt of the notice from the petitioner Bank, the complainant had approached the concerned District Forum by way of a consumer complaint seeking a direction for issuance of the receipts of Rs.1,60,000/- which they claimed to have paid against the vehicle.