A.K.SAMANTARAY, SMARITA MOHANTY
HDFC Bank Ltd. – Appellant
Versus
Gandharba Samal – Respondent
A.K. Samantaray, President— This first appeal is preferred by the HDFC Bank Ltd. challenging the legality and validity of the judgment and order dated 20.2.2008 passed by the District Forum Cuttack in C.D. Case No.240 of 2007.
2. Respondent as complainant alleging deficiency in service and unfair trade practice against the appellant/opposite party Bank in the matter of repossession of his hire purchase vehicle bearing registration number OR15 J2456 and subsequent sale of the same without notice filed the consumer complaint. In the complaint the complainant averred that he being an unemployed youth, in order to earn his livelihood purchased the aforesaid vehicle (truck) with the financial assistance of the appellant/opposite party. The loan was to the tune of Rs.10,19,020. The loan was sanctioned and disbursed and loan agreement was entered into by the parties in writing. It was stipulated that in 44 instalments, the first instalment starting from 5.12.2005, the loan would be liquidated by the complainant. When the complainant became a defaulter in the matter of repayment of there EMIs., the opposite party repossessed the hire purchased vehicle on 8.2.2007 without any prior no
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