RAJU BAHELIA S/O LATE SHYAM LAL, R/O HOUSE NO. 481/63/1, SHAHJI KI BAGIA, MOHAN MAEKIN ROAD, DALIGANGE DISTRICT Vs. H.D.F.C. BANK LTD. THROUGH ITS BRANCH MANAGER/MANAGING DIRECTOR, 31/31, MAHATMA GANDHI MARG HAZARAT GANJ LUCKNOW U.P.

JUDGEMENT

(1.) Petitioner/complainant applied for loan of Rs. 7.16 lakh to finance his newly purchased Truck (Jamboo Eicher). Loan agreement was executed between the parties, as per the agreement, the loan was to be repaid in 45 equally monthly instalments of Rs. 19,301.00. The petitioner has paid Rs. 4 lakh. On 20.04.2005, when the truck of the petitioner was carrying goods from Kolkata to Lucknow, the said truck was seized by the respondent Bank at Varanasi. On 25.04.2005, the respondent sent notice to the petitioner informing him to pay the outstanding loan amount of Rs. 6,47,464.00. Aggrieved by the forcible seizure of the truck the petitioner filed an FIR and then a complaint before the District Forum seeking release of the vehicle and Rs. 4,33,324.00 as compensation.

(2.) The District Consumer Disputes Redressal Forum No. 1, Lucknow ('the District Forum) vide its order dated 27.07.2007 passed the following order:

(3.) It appears from the record that the Bank filed a First Appeal before the State Commission, in which the proceedings were stayed, but later on vide order dated 11.04.2008, appeal no. 1886 of 2007 was dismissed. The petitioner thereafter filed an execution case no. 42 of 2007 before the District Forum in which after receiving the notice, the bank had complied with the District Forum's order dated 27.07.2007 and returned the vehicle and had also paid him Rs. 33,000.00 by way of Cheque which was encashed. The petitioner/complainant, however, failed to deposit the instalments with interest due till 20.04.2005 with the respondent. The District Forum observed that in the execution petition no. 36 of 2012 dated 10.10.2013 and gave the following order: