SANKAR PRASAD MISHRA S/O LATE JUGAL KISHORE MISHRA, AT: KHALIABAGICHA, P.O/PS/ DISTRICT : BOUDH ORISSA Vs. SUBODH PATTNAIK & 2 ORS. BRANCH MANAGER, ICICI BANK LTD., AINTHAPALI, SAMBALPUR, PO/ DISTRICT: SAMBALPUR

JUDGEMENT

(1.) The challenge in this revision petition is to the order dated 16.7.2013 passed by the Odisha State Consumer Disputes Redressal Commission, Cuttack (hereinafter referred as State Commission’) in First Appeal No.55 of 2008, Subodh Pattnaik and others Vs. Sankar Prasad Mishra , vide which, while allowing the appeal, the order passed by the District Forum, Boudh dated 22.8.2007 in Consumer Case No.49 of 2006, allowing the said complaint, was set aside.

(2.) Briefly stated, the facts of the case are that the complainant/respondent purchased one Bolero-XL vehicle from the OP-10 ‘Auto Centre’ by obtaining financial assistance from the OP-1- Bank. The amount of loan sanctioned was Rs.3,92,000.00 and the same was paid to OP-10 ‘Auto Centre’ on 05.03.2015. The complainant agreed to re-pay the said loan in 48 monthly instalments of Rs.9,948.00. It has been stated in the complaint that he gave 10 post-dated cheques for Rs.4,95,364.00 to the OP-Bank. The said vehicle was, however, delivered to the complainant on 09.08.2005, i.e., almost after 5 months of the payment of loan amount to the dealer because the complainant paid the margin money of Rs.80,000.00 to the dealer on that date. It has been alleged by the complainant that he had deposited a sum of Rs.25,000.00 in cash with the dealer but the same was not accounted for by him. Further, OP-10 ‘Auto Centre’ had made an offer to give a discount of Rs.36,034.00 on the actual price of the vehicle.

(3.) It is stated that the said vehicle was re-possessed by the OP-Bank forcibly without giving him prior notice and they demanded a sum of Rs.30,000.00 from him. The complainant filed the consumer complaint, in question, seeking direction to the OPs to pay a sum of Rs.2,00,000.00 as compensation and Rs.10,000.00 as cost of litigation.