ANDHRA BANK Vs. DIBAKAR SAHU

JUDGEMENT

(1.) This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 29.10.2008, passed by the Odisha State Consumer Disputes Redressal Commission (for short 'the State Commission'), vide which, while dismissing appeal No. 1121/2003, "Andhra Bank vs. Dibakar Sahu" the order dated 09.01.2003, passed by the District Forum, Angul in consumer complaint no. 96/2002 was upheld.

(2.) Briefly stated, the facts of the case are that the complainant/respondent Dibakar Sahu obtained a loan of Rs. 1,08,000/- from petitioner/OP Andhra Bank for purchasing an ambassador car worth Rs. 1,59,200/- in the year 1989, repayable in 48 monthly instalments. The said vehicle was stolen on 27.01.90, during the period of insurance; i.e., 06.12.1990 to 05.02.1991. An FIR was lodged with the police station on 27.01.90. A claim was also lodged with the Insurance Company, but on their failure to settle the claim, consumer complaint No. 340/92 was filed before the State Commission, which was decided vide order dated 13.09.95 of the said Commission and the Insurance Company was directed to pay a sum of Rs. 1,30,000/- as assessed by the surveyor with interest @18% p.a. from 1.1.91 till the date of payment.

(3.) Being aggrieved against the order of the State Commission, the complainant filed appeal before this Commission which was decided on 29.05.2002 and a direction was given to pay a sum of Rs. 1,43,280/- to the complainant after deducting depreciation of 10% from the value of the vehicle, i.e., Rs. 1,59,200/-, as the vehicle had been used for less than 2 years at the time of loss. The rest of the order regarding payment of interest etc. was upheld.