KOTAK MAHINDRA BANK LTD Vs. DHEERAJ SINGH BELDAR
LAWS(NCD)-2021-1-7
NCDRC
Decided on January 05,2021

KOTAK MAHINDRA BANK LTD Appellant
VERSUS
Dheeraj Singh Beldar Respondents

JUDGEMENT

C.VISWANATH, J. - (1.) The present Revision Petition has been filed by the Petitioners against the order dated 29.08.2020 of Madhya Pradesh State Consumer Disputes Redressal Commission, Bhopal (for short "the State Commission") in First Appeal No.2187/2012 whereby the Appeal was partly allowed.
(2.) Complainant/Respondent purchased a Farmtech 35 Champion Tractor, bearing Registration No.M.P.-42-A-0908 and took a loan of Rs.3,23,255/- from the Appellant/Opposite Party. The loan was to be repaid in 14 half yearly instalments of Rs.39,250/-. According to the Appellant, Complainant paid six instalments. Seventh instalment which was due in May, 2010 was not paid by the Complainant on time. Opposite Party issued recalling notice on 28.07.2010, whereby the Complainant was given seven days time to deposit the payment. Thereafter, on 13.08.2020, the Appellant seized the tractor. In order to realise the loan amount, the Petitioners/Opposite Parties auctioned the tractor on 01.10.2020. Alleging deficiency in service and unfair trade practice on the part of the Opposite Party, the Complainant filed a Complaint before the District Forum with the following prayer: - " Therefore, it is requested that the complaint be allowed and the amount of Rs.42,000/- along with interest to be recovered from the opposite party pertaining to damage occurred due to lack in service, compensation for mental agony and expenses of present case and the tractor of the applicant be released. The opposite party to be further directed to produce the loan account details. Any other relief which deems fit and proper to this Hon'ble Forum may pass in favour of applicant."
(3.) The Complaint was contested by the Respondent/Opposite Party. It was stated that since the Complainant neither replied to the notice, nor deposit the loan amount within the stipulated time, the tractor was seized by the Petitioners and the loan amount was adjusted by selling the same.;


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